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Arthur Pierce tells the vivid story of smugglers turned privateers after the Revolutionary War broke out. He recounts from many sources tales of ships and men who fought and, although outnumbered and outgunned, still played havoc with British shipping. He tells also of the profiteering that went hand in hand with the privateering of the war years. From the Mullica River to Cape May stretched the woodlands and the inlets that harbored smugglers. Stealthy and dangerous though their activities were, the smugglers were not outcasts. They were looked upon with indulgence by many respectable citizens of the day. As bitterness toward the mother country mounted, smugglers were encouraged and activel...
The six main United Nations human rights treaties enjoy almost universal ratification today. Almost 80 per cent of the possible ratifications have been made, and every Member State of the UN has ratified at least one of these treaties. The nearly universal acceptance of the treaties on the formal level, however, does not automatically translate into the norms contained in these documents being made a reality in the lives of the billions of people living in these countries. The treaty system is notoriously weak in terms of international enforcement, and there is a general suspicion that it has had little impact at the domestic level. Mechanisms to improve the international enforcement mechani...
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First,...
This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing...
Contention has surrounded the status of minorities throughout Indonesian history. Two broad polarities are evident: one inclusive of minorities, regarding them as part of the nation’s rich complexity and a manifestation of its “Unity in Diversity” motto; the other exclusive, viewing with suspicion or disdain those communities or groups that differ from the perceived majority. State and community attitudes towards minorities have fluctuated over time. Some periods have been notable for the acceptance of minorities and protection of their rights, while others have been marked by anti-minority discrimination, marginalisation and sometimes violence. This book explores the complex historical and contemporary dimensions of Indonesia’s religious, ethnic, LGBT and disability minorities from a range of perspectives, including historical, legal, political, cultural, discursive and social. It addresses fundamental questions about Indonesia’s tolerance and acceptance of difference, and examines the extent to which diversity is embraced or suppressed.
How did democracy became entrenched in the world's largest Muslim-majority country? After the fall of its authoritarian regime in 1998, Indonesia pursued an unusual course of democratization. It was insider-dominated and gradualist and it involved free elections before a lengthy process of constitutional reform. At the end of the process, Indonesia's amended constitution was essentially a new and thoroughly democratic document. By proceeding as they did, the Indonesians averted the conflict that would have arisen between adherents of the old constitution and proponents of radical, immediate reform. Donald L. Horowitz documents the decisions that gave rise to this distinctive constitutional process. He then traces the effects of the new institutions on Indonesian politics and discusses their shortcomings and their achievements in steering Indonesia away from the dangers of polarization and violence. He also examines the Indonesian story in the context of comparative experience with constitutional design and intergroup conflict.
This informative book examines examples of law reform projects in post-socialist and post-authoritarian states in Asia, identifies common problems, and proposes analytical frameworks for understanding them.
Despite its overwhelmingly Muslim majority, Indonesia has always been seen as exceptional for its diversity and pluralism. In recent years, however, there has been a rise in "majoritarianism", with resurgent Islamist groups pushing hard to impose conservative values on public life – in many cases with considerable success. This has sparked growing fears for the future of basic human rights, and, in particular, the rights of women and sexual and ethnic minority groups. There have, in fact, been more prosecutions of unorthodox religious groups since the fall of Soeharto in 1998 than there were under the three decades of his authoritarian rule. Some Indonesians even feel that the pluralism th...
Some vols. include supplemental journals of "such proceedings of the sessions, as, during the time they were depending, were ordered to be kept secret, and respecting which the injunction of secrecy was afterwards taken off by the order of the House"