SJEAA Stanford Journal of East Asian Affairs volume 8 | number 1 winter 2008 SJEAA Stanford Journal of East Asian Affairs Executive Board Editors-in-Chief Hin Sing Leung Betty Manling Luan Business Manager Crystal Yuan Zheng Editorial Board China Katie Salisbury Japan Geoffrey Miles Lorenz Korea Eng Wee Chua Southeast Asia Nancy Nguyen Voices Yo-Yo Shuang Chen & Christine Peng Assistant Editors China Jessica Batke Natasha Chu Hongyou Lu Albert Wang Hao Yan Kristina Yang Japan Matt Boswell Yoon Sun Kim Christina Kinney Teresa Molina Christine Peng Cover photography by Geoffrey Lorenz Korea Sarah Degerman Joesphine Suh The Stanford Journal of East Asian Affairs (SJEAA) is dedicated towards addressing compelling issues in the East Southeast Asia Asian region in a manner accessible to a general audience. SJEAA showcases undergraduate and graduate work on East Asia in all academic disciplines from leading universities both in the United States and from abroad. Copies of Daniel Clayton Greer the SJEAA are distributed to East Asian studies departments and libraries across the nation. Lan Le Charmaine Peck If your department, library, or ogranization is interested in subscribing to the SJEAA, please contact us at sjeaa-sub- Production Board [email protected]. Subscription is free and editions come out twice a year. For more details, please visit our Wesley Chaney Hin Sing Leung website at http://sjeaa.stanford.edu. SJEAA Stanford Journal of East Asian Affairs Executive Board Editors-in-Chief Hin Sing Leung Betty Manling Luan Business Manager Crystal Yuan Zheng Editorial Board China Katie Salisbury Japan Geoffrey Miles Lorenz Korea Eng Wee Chua Southeast Asia Nancy Nguyen Voices Yo-Yo Shuang Chen & Christine Peng Assistant Editors China Jessica Batke Natasha Chu Hongyou Lu Albert Wang Hao Yan Kristina Yang Japan Matt Boswell Yoon Sun Kim Christina Kinney Teresa Molina Christine Peng Korea Sarah Degerman Joesphine Suh Southeast Asia Daniel Clayton Greer Lan Le Charmaine Peck Production Board Wesley Chaney Hin Sing Leung SJEAA Stanford Journal of East Asian Affairs Editors-in-Chief Emeritus Josephine Lau Phillip Y. Lipscy Junko Sasaki Dinyar Patel Victorien Wu Andrew MacDonald Stella Shin Shameel Ahmad Faculty Advisory Board Gordan Chang History Jean Oi Political Science Daniel Okimoto Political Science Gi-Wook Shin Sociology Andrew Walder Sociology Special Thanks To Shornestein Asia-Pacific Research Center, Stanford University Associated Students of Stanford University Center for East Asian Studies, Stanford University SJEAA Table of Contents V o i c e s SJEAA Sarinna Areethamsirikul 10 ASEAN as a “Regional Community” Stanford Journal of East Asian Affairs Michael Snyder 16 The Shanghai Cooperation Organization Editors-in-Chief Emeritus Michelle Park 23 Josephine Lau Defining Responsibility for Sexual Assault Phillip Y. Lipscy Junko Sasaki Josephine Suh 33 Dinyar Patel The Korea-US Free Trade Agreement Victorien Wu Andrew MacDonald Pelu Tran 36 Stella Shin Pursuing a Harmonious Society Shameel Ahmad Greater China Sarah Getzelman 44 Faculty Advisory Board Forbidden Image Gordan Chang History Cynthia Liao Jean Oi Political Science 56 The February 28 Incident Daniel Okimoto Political Science Gi-Wook Shin Sociology J a p a n Andrew Walder Sociology Annika A. Culver 68 Migishi Kôtarô’s Shanghai Special Thanks To Ke Wang 87 Shornestein Asia-Pacific Research Center, Stanford University Japan’s “Defense” Policy Associated Students of Stanford University Center for East Asian Studies, Stanford University K o r e a Alex Dukalskis 102 Difficulties of the Human Rights Discourse South East Asia Loan Dao 112 Cai Luong he Stanford Journal of East Asian Affairs has now entered its seventh year of publication. In that time, it has witnessed the tragic human consequences of the 1997 Asian Financial TCrisis, traced the geopolitical fallout of continuing North Korean brinkmanship and testified to the horrific cost of the 2003 epidemic maelstrom that came to be known as SARS. Its pages have also borne witness to the emancipation of an unprecedented number of people from the shackles of poverty, discussed increasing pan-Asian cooperation through regional institutions like ASEAN, and debated Beijing’s triumph in its bid to host the upcoming 2008 Olympics. This issue brims with an astonishing breadth of analysis that the Journal has come to exemplify, showcasing at an international level both undergraduate theses and doctoral papers from leading institutions in the United States and the United Kingdom. 54 SJEAA Note From the Editors Amidst growing unrest in the Tibetan Autonomous Region (TAR) in the run-up to the Beijing Summer Olympics, Sarah Getzelman provides timely analysis of the 1996 Chinese ban of the Dalai Lama’s Image. Elsewhere in Greater China, Cynthia Liao offers a backdrop to the 2008 Taiwanese presidential elections by reviewing the seminal February 28 Incident in Taiwan. On Japan, Ke Wang examines the limitations of Japan’s “Peace Constitution” in dealing with rising Chinese military supremacy, while Annika Culver places Sino-Japanese ties in historical context with an account of Sino-Japanese cultural exchange in the turbulent 1920’s. Alex Dukalskis debates the relevance of contemporary human rights language in accounting for North Korea, and Loan Dao concludes this issue by bringing to light the subtle role of theatrical performances, cai luong, in mobilizing the masses of colonial Vietnam toward national liberation. This issue also marks the return of short opinion pieces included in the Voices section. These lively articles discuss China’s actions in the Sudan, the rise of a new order in Central Asia, argue for official recognition of Korean “comfort women” in the Second World War, and debate the future of regional institutions like the longstanding Association of South East Asian Nations (ASEAN) and the Korea-US Free Trade Agreement (KORUS), signed in April 2007. The Journal has grown from strength to strength, and has slowly garnered a worldwide presence. We invite you to continue contributing to the discussions that take place within and beyond these pages, and to provide new insight on the compelling East Asian issues of our time. Hin Sing Leung & Betty Manling Luan Editors-in-Chief, Winter 2008 55 SJEAA V o i c e s ASEAN as a “Regional Community” Is It for Real under the ASEAN Charter? The Association of Southeast Asian Nations (ASEAN) celebrated Sarinna Areethamsirikul its 40th anniversary on August 8, 2007. Formed as a political University of Wisconsin-Madison alliance, it now sets goals for economic, legal, and social reforms, as well as fostering a sense of regional unity and identity. This article reviews the issues affecting the creation of the ASEAN Charter such as differing political systems, past hostility, and desire for national sovereignty, in order to assess whether ASEAN will be able to build and formalize a true “regional community.” he Association of Southeast Asian primarily came from the collective interest to reduce Nations (ASEAN) was founded by the political and military presence of non-regional Indonesia, Malaysia, the Philippines, powers in Southeast Asia such as China, the Soviet TSingapore and Thailand in 1967, and expanded Union, and the United States.2 its membership by accepting Brunei in the early In 2003, the Declaration of ASEAN Concord 1980s and Cambodia, Laos, Myanmar and II, commonly known as the Bali Concord II, Vietnam (CLMV) in the late 1990s. On August addressed a new objective, which was to build 8, 2007, ASEAN celebrated its 40th anniversary, an ASEAN Community by deepening regional during which an ASEAN Charter was completed cooperation in areas of security, economics and and ratified. The Charter aims to reform ASEAN socio-culture. A regional community requires (ie. regarding legal international status, people- members to transfer their national sovereignty to oriented organization, market-driven integration, a regional institution and strengthen formal ties consolidation of democracy, and an established under a group charter. The ASEAN partnership, ASEAN identity),1 and pave the path toward a more often called the ‘ASEAN Way’, is known for more integrated regional community. non-confrontation, consultation, quiet diplomacy, During the 1960s-70s, the spread of the consensus, and avoidance of conflict.3 Communist threat in Southeast Asia motivated The question now is what kind of an ASEAN ASEAN leaders to emphasize ASEAN as an anti- charter will be formed. Due to the historical communist alliance. Political cooperation was hostility and distrust among ASEAN members and ASEAN’s foremost goal. As Michael Leifer points their demand for preserving national sovereignty out, ASEAN was initially formed to manage in domestic politics, the flexible recommendations regional order. The demand for regional cooperation of the Eminent Persons Group (EPG) will most Winter 2008 10 Sarinna Areethamsirikul likely result in the establishment of a flexible conflicts have also caused strains in the relations charter. The first section of this article analyzes among ASEAN nations, including (1) the unsolved the main incentives for establishing a flexible issue of national borders between Thailand and ASEAN Charter. The second section examines the Cambodia, Thailand and Laos, and Cambodia and recommendations of the EPG on the Charter. Vietnam, (2) the issue of the remaining Burmese refugees along Thailand’s border, (3) the South Why a Flexible Charter? China Sea dispute among Vietnam, Malaysia, Hostility