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If Citizenship is Political Community, then Which Communities Count? Borders and boundaries in France and Indonesia

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Excerpt from page 4 of John R. Bowen's "If Citizenship is Political Community, then Which Communities Count? Borders and boundaries in France and Indonesia":

But these acts of invoking citizenship as participatory membership in order to support citizenship as the territorial state can open the door to other, alternative claims about political community, claims that challenge the postulates of territorial boundedness and legal uniformity.

It is these challenges to the national model that I wish to address, doing so by looking at some current developments in the two places where I continue to work, France and Indonesia. In France efforts to strengthen territorial control and internal uniformity have the upper hand, but they have encountered claims that cities should run their own affairs and that long-term residents must be fully incorporated into the political community. In Indonesia it is rather arguments based on participatory membership that are on the rise, and they draw on pre-national institutions of local control and Islamic norms; in turn, however, they are challenged by those in the state and the army who privilege a logic of the territorial state. The objects of debate are in some sense, mirror images - in France, external borders; in Indonesia, internal boundaries - but both debates concern the legitimacy of alternative ideas of political community.

About the Author

John R. Bowen is the Dunbar-Van Cleve Professor of Sociocultural Anthropology at Washington University in St. Louis. His research explores broad social transformations now taking place in the worldwide Muslim community, including special emphasis on Muslim life in Indonesia. His research focuses on the role of cultural forms (religious practices, aesthetic genres, legal discourse) in processes of social change. In most of his work he has looked outward from a longterm research site in the Gayo highlands of Sumatra, Indonesia, to the broader transformations taking place in the Indonesian nation and elsewhere around the globe.

Sponsored by the Program on Global Justice and the Stanford Humanities Center

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John Bowen Dunbar Van Cleve Professor of Sociocultural Anthropology Speaker Washington University, St. Louis
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Linda Randall Meier Research Workshop on Global Justice

Deliberately Democratizing Multilateral Organizations

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Session I: What are Deliberation and Clumsiness?

Loren King, MIT

"Democracy and Deliberation: A Review of Recent Theories and Proposals"

Michael Thompson, University of Bergen

"Clumsiness: It's as Easy as Falling off a Log"

Session II: UN & International Environmental Regimes

Tom Heller, Stanford University

"Clumsy Institutions against Global Warming"

Session III: EMU & WTO

Susanne Lohmann, UCLA

"Sollbruchstelle: Mass Democracy, Deep Uncertainty and Institutional Design"

Rob Howse, University of Michigan

"Democracy, Science, and Free Trade: Risk Regulation on Trial at the WTO"

Session IV: World Bank, IMF & International Labor Standards

Archon Fung, Harvard University

"Globalizing with a Human Face: How Deliberation, Transparency, and Competition Can Improve International Labor Standards"

Marco Verweij, Max Planck Institute in Bonn

"The Need to Make the World Bank & IMF Clumsier"

Session V: General Discussion

Introduced and chaired by Joseph Steiglitz, Stanford University

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Bechtel Conference Center

Workshops

Institutional Reform and Co-decision in the European Union

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European Institutions Seminar Series

Daniel and Nancy Okimoto Conference Room

Christophe Crombez Speaker Institute for International Studies, Stanford University, and University of Leuven
Seminars

The Euro and Its Role in the World Economy

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European Institutions Seminar Series

Daniel and Nancy Okimoto Conference Room

Jean-Rene Bernard Speaker French Central Bank
Seminars

The Dark Side of EMU

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European Institutions Seminar Series

Daniel and Nancy Okimoto Conference Room

Susanne Lohmann Speaker University of California, Los Angeles
Seminars

Delegation and Accountability in the European Union

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European Institutions Seminar Series

Richard and Rhoda Goldman Conference Room

Skip Lupia Speaker University of California, San Diego
Seminars

The Proliferation of Investment Dispute Settlement Mechanisms - The Threat of Fragmentation or a Promise of a More Effective System?

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The current boom of investment arbitration under NAFTA as well as ICSID and other arbitral regimes has demonstrated that the enforcement of treaty obligations has become a standard feature of international law in this particular field of international economic law. The increased probability of actual enforcement of international standards of investment protection is generally welcomed in a system, such as the international legal order, which normally suffers from rather weak enforcement structures. At the same time, the proliferation of investment dispute settlement mechanisms bears its own risks. The concurrent availability of different investment dispute settlement mechanisms may lead to parallel proceedings or to the re-litigation of already decided cases. The CME/Lauder v. Czech Republic arbitrations where the same dispute was arbitrated under two different bilateral investment agreements and the CMS v. Argentina and the LG&E v. Argentina cases where similar issues were addressed demonstrate the inherent danger of a multiplication of procedures if the answers found by different tribunals are contradictory. The proliferation of investment disputes has broader structural implications which need to be addressed in order to secure the viability of this system of international arbitration.

August Reinisch is professor of public international law and European law at the University of Vienna. From 2004 to 2006 he served as Dean for International Relations of the Law School of the University of Vienna. He is also a professional lecturer at the Bologna Center/SAIS of Johns Hopkins University. He currently serves as arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund Law 2001 and as president of an UNCITRAL investment arbitration.

He holds Master's degrees in philosophy (1990) and in law (1988) as well as a doctorate in law (1991) from the University of Vienna and an LL.M. (1989) from NYU Law School. He is admitted to the Bar of New York and Connecticut (since 1990).

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August Reinisch Speaker University of Vienna School of Law, Section Program on International Investment Law in International Arbitral Practice
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