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As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that the policy field of secessionist conflict is structured around a set of five rival norms. The norms of territorial integrity and self-determination form the core of this structure, while the norms of noninterference in internal affairs, human and minority rights, and democracy and good governance each come into play depending on the specific scenario. This configuration permits the parties involved in a secessionist conflict to select from a menu of norms the ones that best suit their interests. Norm selection—a concept that I introduce here—displays remarkable regularities, indicating default positions for each type of actor: home states, secessionist groups, entrapped minorities, patrons, and the broader international community. However, significant outlier cases signal that interests do not simply trump norms but that actors accord different values to those norms over time. This attribution is influenced by the dynamics of a normative environment in which norms rise and fall. In particular since the end of the Cold War, discourse as well as state practice has shifted away from the traditional taboo on secession toward more revisionist concepts, such as remedial secession or earned sovereignty, providing an opening for the secessionist wave that started with the breakup of the Soviet Union and of Yugoslavia.
Why Does Inequality Matter? is the long-awaited book-length development of T. M. Scanlon's views on objectionable inequality, and our obligations to eliminate or reduce it. The book presents an impressively nuanced and thoughtful analysis as well as succinct explanations of different objections to various forms of inequality. It is not only set to further cement Scanlon's influence on philosophical debates about equality but also makes a good guide to the problems of inequality for the nonspecialist reader. The book is not without faults, however. Even within a pluralist approach to inequality such as Scanlon's, it is not sufficiently clear what, if anything, his specific objections to status inequality, and to control over other people's lives, have in common with his other egalitarian objections to inequality of political influence, opportunity, and income and wealth—or whether, in the case of control, the objection is egalitarian at all.
The analytical tension between legal norms, moral values, and national interests seems no uncharted territory in political science, but has found very little interest in legal academia. For lawyers, moral values and national interests are largely “unknowns,” dealt with by other disciplines. Looking a bit deeper, the picture becomes more nuanced, however. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that norms, values, and interests are not different universes of legal normativity, morality, and specific interests, but are interrelated concepts. Values clearly influence norms and often underpin them, while seemingly concrete norms (rules) are themselves often fragile constructs trying to balance competing interests. Value systems are quite diverse within societies, and this is even truer for interests; each society is a dynamic system of social interaction where conflicting interests are constantly playing out. In a way, underlying conflicts of values and interests are constantly being renegotiated in the legal system, with the norms enshrined in the text of statutes and treaties serving to constitute transitory reference points.
Worldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity.
As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay presents a Christian view of how to think coherently about the relationships between those three elements. Christian monotheism entails the view that there is a given moral order or “natural law,” which comprises basic human goods (or universally objective values) and moral rules for defending and promoting them. This natural law precedes all human, positive law. It follows that, while the authority of positive international law is important for the maintenance of the good of social order, it is still penultimate, since it can be trumped by natural law. Moreover, international law's authority is weaker than that of national law, because controversy over its sources gives greater scope for the interpreter's moral and political prejudices to shape its construal. Since the interpretation of international law is subject to diverse construals, occasions arise when its authority is invoked to shield the perpetration of grave injustice. In such circumstances, an appeal to natural law could supply moral justification for humanitarian military intervention, even when it violates the letter of international law. Humanitarian intervention, however, is often criticized for being motivated by national interests. A Christian view that follows Thomas Aquinas, however, does not regard national interests as immoral per se, but recognizes that self-interest can be legitimate, and that a national government has a moral responsibility to promote the legitimate interests of its people.
As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming.
Many novels, poems, and academic works produced in the last decades of Qing China were characterized by a structure of North–South dichotomy. While existing studies have investigated the root of this narrative structure in Chinese traditions, this article tries to uncover Japan's lesser-known role in the revitalization of traditional discourses. It first discusses how Japanese intellectuals, such as Shiga Shigetaka and Naitō Konan, reconfigured Chinese discourses on the North–South dichotomy as theories to assert Japan's superiority over China. It goes on to examine how Liang Qichao appropriated Japanese theories to mobilize southern Chinese to participate in state politics. It then explores how Chinese revolutionary students in Japan exploited Japanese intellectuals’ and Liang's discourses to promote a cross-provincial consciousness by representing China as a river-based region writ large. Lastly, it reveals how the restructured discourses on the North–South dichotomy were manipulated by revolutionaries after they flowed back to China.
The historical waterfront of Shanghai known as the Bund, one of the most impressive architectural landscapes in Asia, was described in the 1930s in Fortune magazine as having “the tallest buildings outside the American continent; the biggest hoard of silver in the world” and being “the cradle of new China”.1 At a time when the US economy was in ruins and much of China was besieged by civil war, Shanghai's foreign concessions provided a safe haven for Chinese and foreign investors. With the influx of hot money, Shanghai experienced an unprecedented building boom. Notable among these real estate developers was Sir Ellice Victor Elias Sassoon (1881–1961, hereafter Victor Sassoon) who transferred much of his wealth from India to Shanghai and then transformed the Shanghai skyline. Inspired by American skyscrapers, Sassoon decided to build the first skyscraper in Shanghai, which would also be the first in the Eastern hemisphere, even though Shanghai's muddy ground had never supported a building of that height before. This article documents how the evolution of treaty port architecture in China owed much to Victor Sassoon. Its innovations – from the advent of skyscrapers, with their Art Deco style and mixed-use function, to the engineering methods and financial arrangements that built them – bore Sassoon's stamp. As will be seen, Sassoon's experiment paid off handsomely.
During the years leading up to and during the First World War, patriotic films featuring self-sacrificing child protagonists formed an important sub-genre of Italian film production. This article looks at Film Artistica Gloria’s Cuore series (1915–1916), adapted from De Amicis’ novel, with particular attention given to the two war-themed films, Il tamburino sardo (UK: The Sardinian Drummer Boy, 1915) and La piccola vedetta lombarda (The Little Lookout from Lombardy, 1915). An examination of the way in which advertising, reviews, and promotional materials worked to reframe these Risorgimento stories within a new historical context shows how the transmedial relationship between the novel, films and paracinematic texts helped to transform De Amicis’s civically-minded patriotic tales into an endorsement of Italy’s intervention in the First World War.