Law and Development in East and Southeast Asia

Total Page:16

File Type:pdf, Size:1020Kb

Law and Development in East and Southeast Asia LAW AND DEVELOPMENT IN EAST AND SOUTHEAST ASIA During the 1980s and 1990s Asian ‘developmental states’ attracted much attention in political science and economics literature, but the role of law in their economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. As a result, international financial institutions now tend to make further financial support for Asian economies dependent on improvements of the legal framework in which businesses operate. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia. Japan and Singapore, as frequently cited role models for Asian developmentalism, receive particular attention. Development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines are also examined. The book includes chapters on individual fields of commercial law such as intellectual property law, financial market regulation and labour law as well as chapters that explain the socio-legal background of Asian legal development. All are placed into the industrial policy framework of the countries concerned. Christoph Antons is Senior Lecturer in the Faculty of Law and Centre for Southeast Asian Law at the Northern Territory University, Darwin, Australia. RoutledgeCurzon-IIAS Asian Studies Series Series Co-ordinator: Dick van der Meij Institute Director: Wim A.L.Stokhof The International Institute for Asian Studies (IIAS) is a postdoctoral research centre based in Leiden and Amsterdam, The Netherlands. Its main objective is to encourage Asian Studies in the Humanities and the Social Sciences and to promote national and international co-operation in these fields. The Institute was established in 1993 on the initiative of the Royal Netherlands Academy of Arts and Sciences, Leiden University, Universiteit van Amsterdam and Vrije Universiteit Amsterdam. It is mainly financed by The Netherlands Ministry of Education, Culture, and Sciences. IIAS has played an active role in co-ordinating and disseminating information on Asian Studies throughout the world. The Institute acts as an international mediator, bringing together various entities for the enhancement of Asian Studies both within and outside The Netherlands. The RoutledgeCurzon-IIAS Asian Studies series reflects the scope of the Institute. The Editorial Board consists of Erik Zurcher, Wang Gungwu, Om Prakash, Dru Gladney, Amiya K.Bagchi, James C.Scott, Jean-Luc Domenach and Frits Staal. Images of the ‘Modern Woman’ in Asia Edited by Shoma Munshi Nomads in the Sedentary World Edited by Anatoly M.Khazanov & Andre Wink Reading Asia Edited by Frans Husken & Dick van der Meij Tourism, Heritage and National Culture in Java Heidi Dahles Asian-European Perspectives Edited by Wim Stokhof & Paul van der Velde Law and Development in East and Southeast Asia Edited by Christoph Antons The Indian Ocean Rim Edited by Gwyn Campbell Rethinking Chinese Transnational Enterprises Edited by Leo Douw, Cen Huang & David Ip ‘Hinduism’ in Modern Indonesia Edited by Martin Ramstedt Indonesian Sea Nomads Cynthia Chou Diasporas and Interculturalism in Asian Performing Arts Edited by Hae-Kyung Um Reading East Asian Writing Edited by Michel Hockx & Ivo Smits LAW AND DEVELOPMENT IN EAST AND SOUTHEAST ASIA EDITED BY Christoph Antons LONDON AND NEW YORK First published 2003 by RoutledgeCurzon 11 New Fetter Lane, London EC4P 4EE Simultaneously published in the USA and Canada by RoutledgeCurzon 29 West 35th Street, New York, NY 10001 RoutledgeCurzon is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to http://www.ebookstore.tandf.co.uk/.” © 2003 Editorial matter and selection, Christoph Antons All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data A catalogue record for this book has been requested ISBN 0-203-98894-9 Master e-book ISBN ISBN 0-700-71321-2 (Print Edition) TABLE OF CONTENTS Contributors ix Preface x 1 PART ONE: PARADIGMS OF LAW AND DEVELOPMENT IN ASIA 1 Introduction 2 Christoph Antons 2 Law and Development from the Southeast Asian Perspective: Methodology, 19 History, and Paradigm Change Nobuyuki Yasuda 3 APEC, Industry Policy, and the Role of Law 52 Bernard G.Bishop 4 The Rule of Law, Economic Development, and the Developmental States of 70 Northeast Asia John K.M.Ohnesorge 99 PART TWO: JAPAN AS A MODEL FOR LAW AND DEVELOPMENT IN ASIA 5 Globalization vs. Paternalistic Regulation: Some Thoughts about Economic 100 Success, the Role of Law, and the Regulation of Japan’s Financial Markets Harald Baum 6 The Rule of Law or Law as Instrument of Rule? Law and the Economic 118 Development of Japan with Particular Regard to Industrial Policy Richard Boyd 7 Industrial Policy and Intellectual Property in Japan and Beyond 151 Christopher Heath 8 Japan as a Model? Comparing Law and Development in Japan, Singapore, 166 and Indonesia Christoph Antons 192 PART THREE: LAW IN A ‘SOCIALIST MARKET ECONOMY’: THE CASE OF CHINA 9 Policy as Law and Law as Policy: The Role of Law in China’s Development 193 Strategy Jianfu Chen 10 The Clonability of the Singapore Model of Law and Development: The Case 208 of Suzhou, China Connie Carter 221 PART FOUR: SOUTHEAST ASIAN APPROACHES TO LAW AND DEVELOPMENT 11 Prosperity at a Price: Regulation of Organized Labour in Malaysia 222 Jesse Wu Min Aun 12 The Legal Regulation of Technology Transfer: Arrangements within ASEAN 243 Michael Blakeney 261 PART FIVE: LAW AND DEVELOPMENT AND ‘THE REGION’ 13 Resolving Trade Disputes in Asia: An Essay about the Laws, Institutions, 262 and Cultures Robert E.Lutz 14 Asian Economic Crisis and Legal Institutions: A Tale of Two Cities 278 Roman Tomasic CONTRIBUTORS CHRISTOPH ANTONS is a Senior Lecturer in the School of Law and Director of the Centre for Southeast Asian Law, Northern Territory University, Darwin, Australia. HARALD BAUM is a Senior Research Fellow at the Max Planck Institute for Foreign and International Private Law, Hamburg, Germany. BERNARD G.BISHOP is a Senior Lecturer in the Faculty of International Business and Politics, Griffith University, Brisbane, Australia. MICHAEL BLAKENEY is Professor and Director of the Queen Mary Intellectual Property Institute, Queen Mary and Westfield College, University of London, United Kingdom. RICHARD BOYD is Reader in law and society with respect to Japan in the Department of Languages and Cultures of Japan and Korea, Faculty of Arts, Leiden University, the Netherlands. CONNIE CARTER is a Barrister and a Visiting Lecturer at the School of African and Oriental Studies, University of London, United Kingdom. JIANFU CHEN is Associate Professor and Reader in the School of Law and Legal Studies, La Trobe University, Melbourne, Australia. CHRISTOPHER HEATH is a Senior Research Fellow and Head of the East and Southeast Asia Department at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich, Germany. ROBERT E.LUTZ is Professor in the School of Law, Southwestern University, Los Angeles, USA. JOHN K.M.OHNESORGE is Assistant Professor in the School of Law, University of Wisconsin, Madison, USA. ROMAN TOMASIC is Professor and Dean, Faculty of Law and Business, Victoria University, Melbourne, Australia. JESSE WU MIN AUN is Professor in the School of Law, Northern Territory University, Darwin, Australia. NOBUYUKI YASUDA is Professor in the Graduate School of International Development, Nagoya University, Japan. PREFACE This books results from a workshop held at the International Institute for Asian Studies (IIAS) in Leiden, the Netherlands, in January 1998. Ten of the fourteen papers in this book were originally presented at the workshop, but due to the rapidly changing legal environment in the countries covered, most of the papers had to be revised during 1999 and 2000. The workshop was funded by a generous grant of the International Institute for Asian Studies and supported by smaller grants of the Van Vollenhoven Institute for Law and Administration in Non-Western Countries of Leiden University, and Kluwer Law International. At the IIAS, I would like to thank in particular its Director Professor W.A.L.Stokhof, for his continuing encouragement and support for this project and Dr Dick van der Meij for the excellent final editing of the papers for publication. Thanks also to Ms Marianne Langehenkel for organizing the workshop and making it such a pleasant event. I would further like to thank the director of the Van Vollenhoven Institute, Professor Jan-Michiel Otto, for supporting the workshop and suggesting some of the speakers. Many thanks are further due to Professor Martin Chanock, who was head of the school of law and legal studies at La Trobe University in Melbourne at the time, for allowing me to prolong my research stay in Europe for the workshop. The concept of the workshop was based on my project ‘Japan as a Model?—Law and Development in Japan, Singapore, and Indonesia’, which was funded by a large grant of the Australian Research Council from 1994 to 1996. My stay in the Netherlands in 1997 and early 1998 was made possible by an outside study grant of La Trobe University and an exchange fellowship of the Research School of Pacific Studies at the Australian National University in Canberra.
Recommended publications
  • Laws of Malaysia
    Trade Unions 1 LAWS OF MALAYSIA REPRINT Act 262 TRADE UNIONS ACT 1959 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 TRADE UNIONS ACT 1959 First enacted ... ... ... … … 1959 (F.M. Ordinance No. 23 of 1959) Revised … … ... … … 1981 (Act 262 w.e.f. 11 February 1982) PREVIOUS REPRINTS First Reprint ... ... ... ... ... 1968 Second Reprint ... ... ... ... ... 2000 3 LAWS OF MALAYSIA Act 262 TRADE UNIONS ACT 1959 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II APPOINTMENT OF DIRECTOR GENERAL AND OTHER OFFICERS 3. Appointment of Director General 4. Appointment of Deputy Director General and other officers 4A. Powers of Director General 5. All officers to be public servants 6. Protection of public servants PART III REGISTRATION 7. Register of trade unions 8. Necessity for registration 9. Date of establishment of trade union 10. Application for registration 11. Temporary provisions relating to collection of funds 12. Registration 13. Certificate of registration 4 Laws of Malaysia Section 14. Power of Director General to call for further particulars 15. Cancellation of registration 16. Prohibition on activities during period of notice of intended cancellation or determination of appeal 17. Suspension of a branch of a trade union 18. Power of the Minister to suspend a trade union 19. Consequences of failure to register or of cancellation of registration PART IV RIGHTS AND LIABILITIES OF TRADE UNIONS 20. Disabilities of unregistered union 21. Immunity from civil suit in certain cases 22.
    [Show full text]
  • Compilation of Manuals, Guidelines, and Directories in the Area of Intellectual Property (Ip) Portfolio Management
    DRAFT FOR DISCUSSION COMPILATION OF MANUALS, GUIDELINES, AND DIRECTORIES IN THE AREA OF INTELLECTUAL PROPERTY (IP) PORTFOLIO MANAGEMENT CUSTOMIZED FOR THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) MEMBER COUNTRIES TABLE OF CONTENTS page 1. Preface…………………………………………………………………. 4 2. Mission Report of Mr. Lee Yuke Chin, Regional Consultant………… 5 3. Overview of ASEAN Companies interviewed in the Study……...…… 22 4. ASEAN COUNTRIES 4. 1. Brunei Darussalam Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 39 Part II: Success Stories…………………………………………………. 53 4. 2. Cambodia Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 66 Part II: Success Stories…………………………………………………. 85 4. 3. Indonesia Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 96 Part II: Success Stories…………………………………………………. 113 4. 4. Lao PDR Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 127 Part II: Success Stories…………………………………………………. 144 4. 5. Malaysia Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 156 Part II: Success Stories…………………………………………………. 191 4. 6. Myanmar Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 213 Part II: Success Stories…………………………………………………. 232 4. 7. Philippines Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management………………………. 248 Part II: Success Stories…………………………………………………. 267 4. 8. Singapore Part I: Listing of Manuals, Guidelines and Directories in the Area of Intellectual Property (IP) Portfolio Management……………………….
    [Show full text]
  • Strategic Plan 2009-2015
    MINISTRY OF FOREIGN AFFAIRS STRATEGIC PLAN 2009-2015 Published By MINISTRY OF FOREIGN AFFAIRS Wisma Putra Jalan Wisma Putra, Precinct 2, 62602 Putrajaya, Malaysia. NEGARAKU Negaraku Tanah tumpahnya darahku Rakyat hidup Bersatu dan maju Rahmat bahagia Tuhan kurniakan Raja kita Selamat bertakhta Rahmat bahagia Tuhan kurniakan Raja kita Selamat bertakhta WISMA PUTRA MUSICAL SCORE WISMA PUTRA Wisma Putra, Wadah Negara Suaramu Di Persada Dunia Mengungkap Bahasa Mencipta Adil Serta Saksama Wisma Putra Di Sejagat Raya Perjuangkan Kemanusiaan Meneroka Kesepakatan Mencipta Kesejahteraan Wisma Putra, Suara Malaysia Wisma Putra, Di Persada Dunia Berkibar Selamanya, Bendera Wisma Putra Demimu Malaysia, Negaraku Yang Tercinta Wisma Putra Mengisi Harapan Berjuang Untuk Umat Manusia Satu Nada Satu Suara Berdaulat Serta Merdeka Wisma Putra, Suara Malaysia Wisma Putra, Di Persada Dunia Berkibar Selamanya, Bendera Wisma Putra Demimu Malaysia, Negaraku Yang Tercinta Berkibar Selamanya, Bendera Wisma Putra Demimu Malaysia, Negaraku Yang Tercinta Senikata : YB Dato’ Seri Syed Hamid Albar Senilagu : Sha’aban Yahya FOREWORD BY Y.B. DATO’ SERI UTAMA DR. RAIS YATIM MINISTER OF FOREIGN AFFAIRS, MALAYSIA “..it is vital that Malaysia’s foreign policy continues to be guided by the fundamental principles of promoting and protecting the national interest while responsibly and effectively contributing towards the building of a fair and just world.” Wisma Putra, Malaysia’s Ministry of Foreign Affairs, is the custodian of the country’s international relations and foreign policy. In shouldering this responsibility, we have geared the country’s foreign policy towards fostering better relations with our neighbours and trading partners. We have worked collectively with our partners to secure an environment that is conducive to national development.
    [Show full text]
  • OUTSOURCING LABOUR Migrant Labour Rights in Malaysia’S Electronics Industry
    COLOPHON OUTSOURCING LABOUR Migrant labour rights in Malaysia’s electronics industry AUTHOR: SOMO PUBLISHED BY: SOMO – Centre for Research on Multinational Corporations COVER DESIGN: Justar.nl ISBN: 978-94-6207-018-9 This report is published as part of the makeITfair campaign, a European-wide project on consumer electronics. makeITfair aims to inform young consumers about human rights, social and environmental issues along the supply chain. It also addresses consumer electronics companies to contribute to change. makeITfair is coordinated by the Dutch organisation SOMO (Centre for Research on Multinational Corporations). Project partners are: SwedWatch and Fair Trade Center from Sweden; FinnWatch and Pro Ethical Trade Finland from Finland; DanWatch from Denmark; Germanwatch from Germany; Association of Conscious Consumers (ACC) from Hungary; ACIDH from the DR Congo; CIVIDEP from India; Workers Assistance Center (WAC) from the Philippines; and Civil Society Research and Support Collective (CSRSC) from South Africa. FUNDING: This publication has been produced with the assistance of the European Union. The content of this publication is the sole responsibility of SOMO and can in no way be taken to reflect the views of the European Union. SOMO: The Centre for Research on Multinational Corporations (SOMO) is a non-profit Dutch research and advisory bureau. SOMO investigates the policies of multinational enterprises and the internationalisation of business worldwide. Focus is placed on research into labour conditions in the global South and
    [Show full text]
  • The New Economic Policy and Redistribution in Malaysia: a Model for Post-Apartheid South Africa?
    The African e-Journals Project has digitized full text of articles of eleven social science and humanities journals. This item is from the digital archive maintained by Michigan State University Library. Find more at: http://digital.lib.msu.edu/projects/africanjournals/ Available through a partnership with Scroll down to read the article. ARTICLE THE NEW ECONOMIC POLICY AND REDISTRIBUTION IN MALAYSIA: A MODEL FOR POST-APARTHEID SOUTH AFRICA? Gillian Hart Prior to 1990, South Africa was typically viewed as sui generis and totally exceptional Since then, the pendulum has swung to a search for models from elsewhere in the world that post-apartheid South Africa might emulate. Malaysia has recently become a leading candidate. Few societies are as sharply defined in terms of racial categories - in this case, Malays, Chinese, and Indians - and still fewer have undertaken massive redistribution along racial/ethnic lines. The New Economic Policy, launched in 1970 with the purpose of increasing Malays' share of the economy, has gone a long way towards accomplishing its goals. Concur- rent with racially-defined redistribution, the Malaysian economy has grown rapidly. In the face of this apparently dazzling success, it is not surprising that South Africans are increasingly being exhorted to 'look to Malaysia' for solu- tions. There are, in feet, some real dangers in the way Malaysia and other exemplary cases are being held up as models for South Africa. The invocation of 'compara- tive models' and 'international experience' is often a means by which allegedly superior knowledge is used to preclude debate. These representations can also be quite misleading, particularly when used to push a particular policy agenda.
    [Show full text]
  • Where Have All the Classes Gone?
    Where have all the classes gone? A critical perspective on struggles and collective action Labor and Globalization Volume 8 Edited by Christoph Scherrer Oksana Balashova, Ismail Doga Karatepe, Aishah Namukasa (Eds.) Where have all the classes gone? A critical perspective on struggles and collective action Rainer Hampp Verlag Augsburg, München 2017 Bibliographic information published by the Deutsche Nationalbibliothek Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the Internet at http://dnb.d-nb.de. ISBN 978-3-86618-893-8 Labor and globalization: ISSN 2196-5382 First published 2017 Cover picture by Umut Kaçar: Gezi Park Protest © 2017 Rainer Hampp Verlag Augsburg, München Vorderer Lech 35 86150 Augsburg, Germany www.Hampp-Verlag.de All rights reserved. No part of this publication may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publisher. In case of complaints please contact Rainer Hampp Verlag. Contents List of figures iv List of tables iv List of abbreviations v Notes on contributors viii Acknowledgements xi Foreword xiii Christoph Scherrer Introduction: Are the classes really gone? 1 Oksana Balashova, Ismail Doga Karatepe and Aishah Namukasa Part I: Theorizing social movements and uprisings 11 2 Building an alternative to mainstream social
    [Show full text]
  • The Rise of Non-Standard Employment in Selected Asean Countries
    Between Flexibility and Security THE RISE OF NON-STANDARD EMPLOYMENT IN SELECTED ASEAN COUNTRIES Edited by Melisa R. Serrano Between Flexibility and Security: THE RISE OF NON-STANDARD EMPLOYMENT IN SELECTED ASEAN COUNTRIES Between Flexibility and Security: 2 Melisa R. Serrano The Rise of Non-Standard Employment in Selected ASEAN Countries ISBN 978-602-14814-2-4 © 2014 ASEAN Services Employees Trade Unions Council (ASETUC) Jl. Ciujung No. 4 Jakarta Pusat 10150 Indonesia Tel. +62 (0)21 7193 711 Fax +62 (0)21 7179 1358 Research Team: Melisa R. Serrano Mary Leian C. Marasigan Vera Eileen V. Pupos Copy Editing: Leong Wen Shan Layout and Printing: Xpress Print The findings, interpretations, and conclusions expressed in this publication are entirely those of the author(s); they do not necessarily represent the views of Friedrich-Ebert-Stiftung (FES) and the ASEAN Services Employees Trade Unions Council (ASETUC). Individual authors are also responsible for the accuracy of facts and figures presented in this volume, which are published in good faith by FES and ASETUC. Foreword Since 2007, the ASEAN Services Employees Trade Unions Council (ASETUC) and its member unions affiliated to the Global Union Federations of Building and Wood Workers’ International (BWI), Public Services International (PSI) and UNI Global Union (UNI) have come together to contribute towards the building of the ASEAN Community. According to the ASEAN Socio-Cultural Community Blueprint from 2009, this was to be forged by an “enduring solidarity and unity” among the working people of ASEAN so as to realise an “inclusive and harmonious society where the well-being, livelihood and welfare of people are enhanced.” We believe that trade unions, as a social partner in labour relations, have an important role in promoting a sustainable and equitable ASEAN regional economy that enjoys shared prosperity for all.
    [Show full text]
  • Embracing the Islamic Principles of Social Justice in the Malaysian Trade Union Movement
    UUM Journal of Legal Studies , Vol. 12, Number 2 (July) 2021, pp: 1–21 UUM JOURNAL OF LEGAL STUDIES http://e-journal.uum.edu.my/index.php/uumjls How to cite this article: Razak, A. S. S., & Mahmod, N. A. K. N. (2021). Embracing the Islamic principle of social justice in the Malaysian trade union movement. UUM Journal of Legal Studies, 12(2), 1-21. https://doi.org/10.32890/uumjls2021.12.2.1 EMBRACING THE ISLAMIC PRINCIPLES OF SOCIAL JUSTICE IN THE MALAYSIAN TRADE UNION MOVEMENT ¹Siti Suraya Abd Razak & ²Nik Ahmad Kamal Nik Mahmod ¹Azman Hashim International Business School Universiti Teknologi Malaysia, Kuala Lumpur, Malaysia ²Ahmad Ibrahim Kulliyah of Laws International Islamic University Malaysia, Kuala Lumpur, Malaysia 1Corresponding author: [email protected] Received: 23/8/2020 Revised: 17/11/2020 Accepted: 25/11/2020 Published: 5/7/2021 ABSTRACT The notion of social justice in Islam requires fairness in allocating and distributing goods to all members and groups in society. In the context of employment, an employer is required to treat all workers equally and pay their dues suitable with their skills and capabilities. A trade union is an important component under the tripartite system of industrial relations that is imperative in representing workers to demand or improve their working conditions. Although there is legal recognition accorded to trade unions in Malaysia, various state-imposed restrictions have curtailed trade union actions in representing workers 1 UUM Journal of Legal Studies , Vol. 12, Number 2 (July) 2021, pp: 1–21 for better and equal treatment at the workplace. This paper examined whether the current trade union legal framework in Malaysia is in concord with the Islamic principles of social justice.
    [Show full text]
  • We, the Citizens of Singapore Pledge Ourselves As One United People
    We, the citizens of Singapore Pledge ourselves as one united people Regardless of race, language, or religion To build a democratic society Based on justice and equality So as to achieve happiness, prosperity and progress For our nation — National Pledge of Singapore, 1966 by S. Rajaratnam (1915 – 2006), then Minister for Foreign Affairs and a founding father of modern Singapore RETHINKING ALBERT O. HIRSCHMAN’S ‘EXIT, VOICE, AND LOYALTY’: THE CASE OF SINGAPORE DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctorate of Philosophy in The Graduate School at The Ohio State University By Selina Sher Ling Lim, MA, B.Soc.Sci. (Hons.), B.Sc. * * * * * The Ohio State University 2007 Dissertation Committee: Approved by Professor R. William Liddle, Adviser Professor Anthony Mughan Emeritus Professor Patrick B. Mullen Adviser Graduate Program of Political Science Copyright by Selina Sher Ling Lim 2007 ABSTRACT This research explores the concept of national loyalty within today’s context of international migration and globalization. It seeks to provide a systematic understanding of national loyalty that, thus far, has been widely accepted by most citizens as a social fact and assumed to be an inherent trait. Probing deeper, however, we realize that our understanding of national loyalty is superficial, made ever more shaky by today’s ease of international travel, increasingly porous territorial borders, and images of the global citizen who is at home anywhere in the world. Academically, our understanding of national loyalty has also been mired in intellectual, philosophical, and rhetorical debates over the concept of the nation and national identity. Still, the realization that national loyalty is particularly vital during times when the nation-state is at some major cross road, or faced with the greatest challenge ever yet, is not lost on political leaders throughout the world, especially since the terrorist attacks of September 11, 2001, on the World Trade Center in New York.
    [Show full text]
  • Malaysia: Women, Labour Activism and Unions
    University of Wollongong Research Online Faculty of Arts - Papers (Archive) Faculty of Arts, Social Sciences & Humanities 1-1-2008 Malaysia: Women, labour activism and unions Vicki D. Crinis University of Wollongong, [email protected] Follow this and additional works at: https://ro.uow.edu.au/artspapers Part of the Arts and Humanities Commons, and the Social and Behavioral Sciences Commons Recommended Citation Crinis, Vicki D., Malaysia: Women, labour activism and unions 2008, 50-65. https://ro.uow.edu.au/artspapers/838 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] CHAPTER FOUR MALAYSIA: WOMEN, LABOUR ACTIVISM AND UNIONS Vicki Crinis University of Wollongong Women’s union activism in Malaysia has received very little attention. Women have engaged in strikes and other organized forms of labour protest, complained about workplace injustices, and been in a variety of labour movement activities such as Labour Day celebrations and public meetings on Labour policy, but these protests and events are rarely reported (Women’s Committee, MTUC, 2006). Despite this record of public action, women’s activism has been overshadowed by the focus on male worker issues and by the paucity of women in leadership roles. This chapter examines the women’s role in Malaysian unions since the 1970s. It concentrates on the Malaysian Trade Union Congress (MTUC) and its private sector union affiliates rather than the public sector unions affiliated to Congress of Unions of Employees in the Public and Civil Services Sector (CUEPACS). The chapter is based on data collected in interviews with leaders of the MTUC and the MTUC Women’s Committee, and union leaders of the National Union of Plantation Workers, Nurses Union and the Textile and Garment Workers Union in Johor, Penang and Selangor.
    [Show full text]
  • Revitalizing the Malaysian Trade Union Movement: the Case of the Electronics Industry
    ARTICLE Journal of Industrial Relations ß Australian Labour and Employment Relations Association (ALERA) SAGE Publications Ltd, Los Angeles, London, New Delhi, Singapore and Washington DC ISSN 0022-1856, 54(4) 494–509 [DOI: 10.1177/0022185612449135] Revitalizing the Malaysian Trade Union Movement: The Case of the Electronics Industry Peter Wad Copenhagen Business School, Denmark Abstract: The article takes an historic perspective on contemporary issues of trade union revival in Malaysia, focusing on the challenge of raising union density and analysing the process of organizing employees in the strategically important electronics industry. It concludes that the political support for transnational corporations in the electronics industry is declining. This strategic shift enables union activists to bypass enterprise and state-based unions and to establish larger, regionally based unions. However, newly organized unions have not yet overcome resistance from global corporations, nor have trade unions been included in the larger politics of development strategies. Unions must be part of a larger socio-political movement and regime change in order to overcome the restrictive labour laws as well as the anti-union practices of transnational corporations. Yet the majority of the peak union organizations prefer non-partisan engagement. In order to revitalize themselves, the unions must demonstrate to the Malaysian public that they are both relevant and important for increased productivity and that they can play a significant role in enabling Malaysia to move beyond the middle-income ‘trap’ towards a more developed market economy. Keywords: developing country; electronics industry; Malaysia; trade union Contact address: Peter Wad, Department of Intercultural Communication and Management and Centre for Business and Development Studies, Copenhagen Business School, Solbjerg Plads 3, Copenhagen, DK-2000, Denmark.
    [Show full text]
  • Human Rights Due Diligence in Malaysia's Manufacturing Sector
    Human Rights Due Diligence in Malaysia’s Manufacturing Sector This report was prepared for ETI by Ergon Associates, Unit 1, 9A Dallington Street, London EC1V 0BQ +44 20 7713 0386, www.ergonassociates.net Disclaimer This report should be taken only as a source of information and analysis. It is not given, and should not be taken, as legal advice and the provider of the information will not be held liable for any direct or consequential loss arising from reliance on the information contained herein. December 2019 Ethical Trading Initiative, 8 Coldbath Square, London EC1R 5HL www.ethicaltrade.org.uk @ethicaltrade 1 Executive Summary This report provides an analysis of the conditions experienced by migrant workers employed in the Malaysian manufacturing sector. This research has been carried out in response to a number of reports in recent years that highlight the considerable risks faced by lower skilled foreign migrants in Malaysia, including revelations of forced labour in the rubber and electronics manufacturing sectors. These reports have had a significant international impact, leading to a US Customs and Border Protection Agency order in 2019 that requires companies to prove they can prevent and remediate forced labour in specific suppliers’ rubber gloves manufacturing facilities. This report therefore provides an overview of the operating context along with the risks experienced by migrant workers in the sector against the ETI Base Code labour standards, including an overview of the legal context and risks in practice. It also outlines actual and potential risks against the “Protect, Respect, Remedy” Framework. The findings are based on a review of applicable legislation and policy in Malaysia, desk research on reported risks, and interviews with key civil society, trade union, and international stakeholders based in Malaysia.
    [Show full text]