Coastal State’s claim over the ocean has been accommodated by the 1982 Law of the Sea Convention (LOSC) though a quid pro quo arrangement, that is something for something. While Coastal States are given certain degree of sovereignty over their surrounding oceans, yet other states interests should also be respected, which include rights of navigation as well as ocean resources usage rights. While such arrangement can be seen as a ‘package-deals’ offered by the LOSC, however, in practice things would never be as easy as it could be. Complication arising from LOSC’s arrangement varies from geographical condition of both the coastal state and the ocean itself, to broader interests of other states, in this case user maritime states. In addition to this, the problem of maritime delimitation between adjacent states poses another problem.
A never-ended problem related to maritime delimitation as well as access to ocean resources, has been the issue of South-China Sea (SCS). The SCS is a semi-enclosed sea which is surrounded by at least eight States; China, Vietnam, Malaysia, Singapore, Indonesia, Brunei, the Philippines and Taiwan. Such geographic location has made SCS surrounded by the land territory of many states and thus the sovereignty as well as sovereign rights of the surrounding states upon the SCS became complicated. In addition to this, the SCS area consists of four islands, which include Pratas, Macclesfield Bank, Paracels and Spratlys. Upon such geographical complexion, China declared its claim upon the SCS based on its map known as the nine-dashed lines which encircle almost the entire SCS and within which China claims are China’s historical waters over which it has sovereignty. On the other hand, other littoral states are also claiming sovereignty over small islands in the SCS, namely, Vietnam claims the Spartly Island, while the Philippines and Brunei claims the Kalayan Island Group (KIG).
While the overlapping claims remain, in May 2009 China submit a claim before the United Nations, claiming several islands, which include Spartly, Scarborough Soal, Paracel and others to be included within its territory based on the nine-dashed lines map, combined with occasional references to “historic waters.” In April 2012, the Philippines Navy caught eight Chinas’ fishing vessels in Scarborough Soal waters, that is 220 km off-shore Philippines. Is should be bear in mind that the Scarborough Soal is claimed by several states, namely China, the Philippines and Taiwan. In January 2013 the Philippines submit its objection to the China’s nine-dashed lines to the Permanent Court of Arbitration demanding the cancelation of the nine-dashed line map proposed by China. Permanent Court Arbitration (PCA) resulted on the illegitimate China’s claim, China has asserted that they will not participate on the proceeding and neither obeys the final award of the PCA.
This paper seeks to analyze legal implications upon China’s refusal on PCA’s award to Indonesia’s border security over the waters around Natuna Islands. It further proposed what should be done by Indonesia in anticipating both legal as well as political consequences of such assertive reaction taken by China.
The Philippines vs. China before the Permanent Court of International Arbitration
While conflict between affected littoral states over the South-China Se remains, in 2013 the Philippines brought the case before the Permanent Court of Arbitration. The disputes concerned was on the legal basis of maritime rights and entitlements in the South-China Sea, the status of certain geographic features in the South-China Sea and the lawfulness of certain actions taken by China in the South-China Sea. In brief, basically there are 4 (four) claim submitted by the Philippines before the PCA. Firstly, the Philippines seek advice from the PCA to solve existing disputes over the SCS regarding the rights to occupy the SCS. More specifically, asking PCA to declare that the rights to occupy the SCS should be based on the 1982 Law of the Sea Convention (LOSC) rather than based on ‘historic rights’. Secondly, the Philippines seek advice from PCA to solve maritime delimitation disputes over the Scarborough Shoal and certain resources in Spratly Islands, which has been claimed by both Philippines and China. Thirdly, the Philippines asking the PCA to solve matter related to the validity of China’s claim over the SCS. The Philippines required PCA to deliver award that China has conducted wrong doing upon their actions, as follows:
a.Intervening Philippines’ rights in accordance with the LOSC with regard to fishing, navigation and other natural resources exploration and exploitation as well as the establishment of artificial islands;
b.Has failed to save ocean environment by giving support to China’s fishermen, who has caught the endangered species as well as the use of non-environmental friendly fishing method which lead to the destruction of coral reef ecosystem in the SCS; and
c.Causing the damage on marine environment by the establishment of artificial islands as well as reclamation in the area of seven coral reef areas in Spratly Islands.
Fourth, that China has worsened the dispute by limiting Philippines’ access to Marine Detachment in Second Thomas Shoal.
The SCS case between the Philippines and China, in fact involves various legal aspect. However, crucial aspect that worth to be discussed is the concept of ‘historical rights’ which has been used as legal basis by China in claiming its sovereignty over the SCS. As this turn out, PCA only used the LOSC as valid legal basis in deciding the case. PCA further stated that:
“This arbitration concerned the role of historic rights and the Sumber of maritime entitlements in the South China Sea, the status of certain maritime features and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China that were alleged by the Philippines to violate the Convention. In light of limitations on compulsory dispute settlement under the Convention, the Tribunal has emphasized that it does not rule on any question of sovereignty over land territory and does not delimit any boundary between the Parties”. 
In its decision, PCA was unanimously giving award to the Philippines and declared that “the Tribunal concluded that, to the extent China had historic rights to reSumbers in the waters of the South China Sea, such rights were extinguished to the extent they were incompatible with the exclusive economic zones provided for in the Convention. While the award clearly stated that ‘historical rights’ were incompatible with LOSC, it is interesting to find out the origin of ‘historic claim’ as well as analyzing whether the term ‘historic rights’ and ‘historic waters’ ever exist within both LOSC and other customary international law of the sea.
Legal Implication on China’s refusal upon PCA Award
Upon PCA award, Chinese Government insists on the position that it will not obey PCA Award due its absence during the trial. This position was stated clearly by China through diplomatic notes titled “Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of Philippines” dated 7th December submitted before the court and Netherlands Government. In sum, the diplomatic notes declared as follows:
“It is the view of China that the Arbitral Tribunal manifestly has no jurisdiction over this arbitration, unilaterally initiated by the Philippines, with regard to disputes between China and the Philippines in the South China Sea.
Firstly, the essence of the subject-matter of the arbitration is the territorial sovereignty over the relevant maritime features in the South China Sea, which is beyond the scope of the Convention and is consequently not concerned with the interpretation or application of the Convention.
Secondly, there is an agreement between China and the Philippines to settle their disputes in the South China Sea by negotiations, as embodied in bilateral instruments and the DOC. Thus the unilateral initiation of the present arbitration by the Philippines has clearly violated international law.
Thirdly, even assuming that the subject-matter of the arbitration did concern the interpretation or application of the Convention, it has been excluded by the 2006 declaration filed by China under Article 298 of the Convention, due to its being an integral part of the dispute of maritime delimitation between the two States.
Fourthly, China has never accepted any compulsory procedures of the Convention with regard to the Philippines’ claims for arbitration. The Arbitral Tribunal shall fully respect the right of the States Parties to the Convention to choose the means of dispute settlement of their own accord, and exercise its competence to decide on its jurisdiction within the confines of the Convention. The initiation of the present arbitration by the Philippines is an abuse of the compulsory dispute settlement procedures under the Convention. There is a solid basis in international law for China’s rejection of and non-participation in the present arbitration.
Furthermore, China added more statement “[t]his shall by no means be interpreted as China’s participation in the arbitral proceeding in any form.” Upon such situation, Article 288 of the LOSC and Article 9 of LOSC’s Annex VII provide:
a.Article 288 of the Convention provides that “In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal.
b.Article 9 of Annex VII to the Convention provides that “If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.”
It is clearly stated that in the situation whether the arbitral have competence in deciding certain case, the authority to decide is the arbitral itself and not the parties. In addition to this, in the absence of one party in the dispute, another party have the right to ask the arbitral to continue the proceeding. Thus, it is submitted that the absence of one party cannot prevent the proceeding to be continued. On the awards on jurisdiction, PCA considered the application of Article 281 and 282 of the LOSC, which allow a state to apply other dispute resolution method outside the LOSC, if the parties agreed to. Article 281 and 282 of the LOSC read:
“If the States Parties which are parties to a dispute concerning the interpretation or application of this Convention have agreed to seek settlement of the dispute by a peaceful means of their own choice, the procedures provided for in this Part apply only where no settlement has been reached by recourse to such means and the agreement between the parties does not exclude any further procedure.
If the States Parties which are parties to a dispute concerning the interpretation or application of this Convention have agreed, through a general, regional or bilateral agreement or otherwise, that such dispute shall, at the request of any party to the dispute, be submitted to a procedure that entails a binding decision, that procedure shall apply in lieu of the procedures provided for in this Part, unless the parties to the dispute otherwise agree.”
PCA considered the application of Article 281 dan 282 upon the following documents to find out whether both parties have agreed on other dispute resolution method; (a) the 2002 China–ASEAN Declaration on the Conduct of Parties in the South China Sea (the “DOC”), (b) a series of joint statements issued by the Philippines and China referring to the resolution of disputes through negotiations, (c) the Treaty of Amity and Cooperation in Southeast Asia, and (d) the Convention on Biological Diversity (the “CBD”) .
Nevertheless, PCA refused China’s argument which stated that the Document of Conduct (DOC) agreed between ASEAN and China was a political agreement and did not intended to be a binding agreement which is applicable in disputes resolution method. Since the DOC is silent on the binding settlement mechanism, and does not exclude any other dispute resolution method, it is argued that PCA can decide based on Article 281 and 282 of the LOSC. PCA also finds out the same conclusion relating to Joint Statement mentioned in China Diplomatic Notes. In relation to the Treaty of Amity and Cooperation in Southeast Asia and the CBD, PCA declared that while both agreements bind parties in the disputes resolution chosen by the parties, there is no binding mechanism within the agreement whatsoever. To conclude, there is nowhere in those agreements prevent the Philippines to bring the case before the PCA.
As this turn out, PCA reward the Philippines and declared that China’s Claim over the SCS with its nine-dashed lines as illegal and found China to be guilty of conducting illegal maritime activities inside the Philippines’ exclusive economic zone. Upon such award, as stated, China refused to apply the award in any cases. Furthermore, instead of moving away from the disputed area, Chinese military and non-military vessels have regularly undertaken activities to strengthen their de facto control of the area. China seems to undertaken the passive assertiveness over the area and avoiding assertive action which could lead to incident, while also expanding its movement in the SCS. This condition brings several legal implications to the neighboring adjacent states surrounding the SCS, especially to ASEAN’s member states. This includes an increase of China’s maritime power within the South Asia region, which also effect the South-East Region.
In addition to this, it is assumes that China will strengthen its domestic law in claiming several areas in the SCS. This way, a potent disputes may arise between China and other claimant states, in particular ASEAN’s member states. China aggressive response to the PCA’s award might also bring further legal implication for less affected state like Indonesia. While the SCS dispute does not directly affected Indonesia at the moment, however, it might affected in the near future. As an archipelagic state, Indonesia is entitled to draw archipelagic baselines connecting the outermost point of its outermost islands. Despite the fact that Indonesia does not claim any of the disputed islands located in the SCS, Indonesian has an outer island group, the Natuna Islands, which are adjacent to the SCS. These Islands are used as Indonesian basepoints. Due to Indonesia’s sovereignty over the Natuna Islands, consequently Indonesia has the rights over certain areas of waters measures from Natuna’s baselines in accordance with international law. From this baselines Indonesia also entitles various maritime zones established by the LOSC.
This results in the fact that Indonesia has to share such ocean with neighboring states which are also claimant states in the SCS dispute, namely Malaysia and Vietnam. While agreement has been reached over delineating the continental shelf between states, Exclusive Economic Zones (EEZ) delimitation remains unsolved. If China strengthen its nine-dashed line claim and keep asserting its military power within the area, it is possible that China and Indonesia involve in a disagreement on maritime delimitation around Natuna Islands.
Prior to the PCA’s award, Indonesian President, Mr. Joko Widodo, commented on the matter of the SCS disputes saying that while Indonesia is located considerably near to the SCS, yet Indonesia does not have a direct interest in the SCS. However, recent development shows different position. During President Jokowi’s visit to Natuna Islands recently, it was reminded that in 1996 China has recognized Natuna’s waters as Indonesia’s Exclusive Economic Zone (EEZ).
This paper argued that while the SCS disputes so far does not have direct impact on Indonesia, yet, some areas of Indonesia’s EEZ in Natuna Islands overlap with the China’s nine-dash line. Since China has declared to refuse the award of PCA, Indonesia should make further legal and policy framework in implementing its sovereign rights over its EEZ in Natuna Islands. In addition to this strong political assertion should also be taken in anticipating china’s movement in the SCS through its nine-dash line claim.
-  Read further Kristiyanto, Kristiyanto, Puspitawati, Dhianadan Ardhiansyah, Agis, Konsep Historical Rights dalam SengketaLaut Tiongkok Selatan berdasarkan Putusan PCA Case Number 2013-19 in the Matter of the South China Sea Arbitration between the Philippines and China, Final Essay, Law Faculty, Brawijaya University, 2017
-  Press Release Permanent Court of Arbitration tertanggal 12 July 2016 which giving unanimous award to the Philippines over the SCS disputes.
The Third Way for De-Binarization of Foreign Policy Conduct
As the present world order weakens, the mega confrontations have appeared more likely: On its post-Soviet revival quest, Russia becomes increasingly assertive in Euro-MED theatre and beyond. The Sino-American relations are increasingly adversarial, with escalating frictions over trade, advanced technology, human rights, and global strategic influence.
Currently, both sides – as president of the US Council of Foreign Relations Richard Haass states – ‘are developing scenarios for a possible war’. The two countries rhetoric has grown so hostile that its speed and severity is unprecedented for the post WWII period, rather belonging to the forgotten vocabulary of 1910s and 1930s. (E.g. referring to PRC as ‘Country of Kung Flu’ or to the US as ‘trigger happy nation’; calling the C-19 ‘China virus’ or ‘US Army brought pathogen’; China’s Foreign Ministry Spokesman referring to the US leadership as ‘Elements deluded by the Capitol Hill metastasis’ while the US State Secretary calls the Chinese Communist Party ‘rogue actor’, and then in return Secretary Pompeo gets proclaimed as ‘the public enemy of mankind’ – just to name but few from the long list of heavy verbal fire exchanges between the two.)
Strategic decoupling between the biggest manufacturer of American goods – China, and its largest consumer – the US, seems inevitable.
It also appears increasingly irreversible, no matter if the change of leaders in Beijing or in Washington may or may not happen beyond 2020. This will of course trigger a global realignment and new fragilities to all default lines on land and seas, in skies, cyberspace and near outer space.
White House and House of Cards
Of course, many would reject the above as an overstatement and author’s alarmism. To this end, let us state some facts:
- Extensive exchange of goods is not deterrent. Trade is an instrument of power not a virtue per se, even though be it the RCEP or TPP. (The case of the UK and Germany in the eve of the WWI, and of Japan and the US in 1941, are the most known, in the series of such examples starting with the Peloponnese, Trojan and Punic wars, through the Napoleonic wars and Continental blockade all the way up to modern times, when nations were ‘sleepwalking’ strait into a major mutually devastating and lasting armed conflict.);
- Absence of (regional) nuclear parity deterrent. (Asia hosts by far the largest number of nuclear powers – 2 legitimate, 3 declared, 1 undeclared and at least 2 states with the credible delivery systems and N-ready ‘turn-key’ technology. None of them is even by its quantities, qualities, configurations and delivery capabilities – which makes the First strike doctrine tempting.)
- Diminishing international order due to a combination or either of the following:
- Successful challenger to the Status Quo power/s. Or when a Dismissive meets a Neuralgic one. (Such constellation makes both sides nervous: Challenger is eager to contend and change, and the Status Quo power tempts to strike sooner as it feels the time does not contribute to its strength – with a compromise as a biggest looser. The modern-day China is portrayed as once-upon-a-time Imperial Germany – an illiberal opaque power that misuses liberal system on its unchecked quest for a world domination. Collision course is fanned irrespectively from a fact that there are no overlapping territorial claims or even common borders, as well as despite an unprecedented interconnectivity and mutually brought prosperity. Confrontation is not only geo-economic but also ideological: Liberal world of freedom against illiberal order of coercion.);
- Weakening political support of the main guarantors to the existing International Regime, due to their contracting economics and/or demographics (Simply, Trump, Johnston, Bolsonaro, Modi, Kaczyński, Orbán are not causes to but the consequences of fading politico-economic system of the western type of democracy);
- Absence of the comprehensive regional system to temporarily uphold or replace the shrinking global one (while Europe is the most multilateralised region on our planet, Asia is the only world’s continent that has no single, even less the security related, pan-continental organisation).
Although the new US President is in place, it would be foolish to expect any policy reversal. The new administration will see China the same way: Not as a dangerous (trade) rival, but as a foe.
Is this yet another author’s alarmism?
Biden presidency will be one of the weakest in the past 100 years. It is indeed a Pyrus victory: Trump got few million votes more now than in 2016 (i); Senate is controlled by Republicans (ii); angry Trump electorate is deeply convinced that the victory has been stolen from them, and will be further galvanising enlarging noising and tilting to the right for the following 4 years (iii); the blue-collar America firmly believes China steals their jobs – and none on the Democratic left even attempted to refute that (iv). Hence, Biden’s four years in office (if) will be marked by alienation from those electing him, and by pure agony of cohabitation with stifling Republicans. Administration will remain paralysed (if even willing) for any reversed yet fresh policy formulation.
Finally, history of the US bipartisanism teaches us that traditionally Democrats were opening wars while Republicans were those closing them. Overstatement? Mind, also that for nearly past 150 years, Trump presidency was the only 4-year period Americans did not start a single war. Many now believe, it is a high time to recuperate and compensate.
Ergo, a change in the White House – paradoxically enough – will not slow down the ongoing strategic decoupling and to it compulsory global re-alignment. On contrary, it will only accelerate its speed and severity.
To be sure; only a measurable success in the US-led de-Chinasation of the West will determine how far (and how long) will take the ongoing de-globalization, and if the second phase will be a reversibility, a re-globalization of the world. There is no other way to convert growing nationalistic passions into internationalist drives.
History of Future – Inevitability …
It was expected that by the end of 2020s, Asian economies will be larger than the rest of world’s economies combined. Africa-Middle East were to come up next. Of course, that was only a prediction made before C-19 and the sudden Sino-American rift. Or this was the origin of that rift? – It is still to be seen.
Past the demise of global communism, many in Asia, Africa and Middle East enjoyed for decades, the best of both worlds: Cheep products from China and the military protection – or at least an implicit security guaranty – from the US, nearly for free.This especially goes for the southeast Asia (formerly representing the major Asian default line), large sways of south Afro-Asia and of the Far East.
The imposed re-alignment will hit them particularly hard – from a prosperous meeting point of goods, cultures and ideas into the politico-military default lines. This painful readjustment may last for decades to come. Opting for either side will not only impact economy trade and security but will also determine a health of population and societal model, too. Unprepared and unwilling for either-or – particularly Asia – missed to build, what I called for over a decade; a comprehensive cross-continental security setting (the pan-Asian OSCE).
The inland giga-demography, inward looking culture, obedient imitator, humble manufacturer en mas – overnight presses globally and over the sea lanes: From diligent labourer to the omnipresent global power. In the grand rapprochement of 1970s, the coastal areas of China have been identified by the West as its own industrial suburbia. And now, that ‘industrial zone’ has a coherent planetary plan.
Was the Deng’s China joining the system to preserve it, or to tacitly hijack it from within? The shockwaves swept all in the West. The US – after its initial hangover – undergoes a painful adjustment: There is a growing consensus among all stakeholders in Washington that the strategic engagement is a failed policy with Beijing – something that obviously did not preserve the US interests, even less its supremacy. Chine is not a dangerous (trade) rival, it is a foe.
This will now seek for the binary acclamation all over the rest of our world. Time of ‘either-with-us-or-against-us’ returns, while the Middle East – North Africa (MENA) and Afro-Asia have no their third way readily prepared to offer (for at home and abroad) but only alignment behind one or the other – reminiscence of the pre WWI Europe with the two rigid (and soon conflagrating) blocks.
Beyond the Sino-world, the rest of Asia, Africa and Middle East (ME) are also dominated by megademographies, brewing social mobilisations, expectations and migrations, inward looking regressive political culture (often lacking the world-view perspectives and contributions), insecure Asian nuclear powers, and history of rather hierarchical international conduct and architecture, than of a multivectoral vibrant active foreign policy (a bandwagoning instead of multilateralism).
All this necessitates to revisit the fundamentals of the African Union (AU), Organisation of Islamic Cooperation (OIC), League of Arab States (LAS) and other similar mechanisms: But it even more invites to rethink and reinvigorate the best of the Non-Aligned Movement (NAM) which saved the world from the past irresponsibilities and frictions of the two confronted blocks that contested each other all over the globe for decades.
Case of the EU – AU’s(or ASEAN’s) twin sister – is an indicative: At present, the EU is destructive in MENA, dismissive with Russia, neuralgic on Turkey and post-Yugoslav space, obedient to China and submissive to the US. None of it serves interests of Europe on a long run.
However, realities are plain to see: the ME seeks for consolidation, Russia for cooperation, China for domination and the US for isolation. Judging the (in-)action of the current Commission, seems the EU does not grasp it well. Therefore, losses its appeal, and tomorrow it may its substance as well, with overall BRAINXIT. Desirably, the AU (or ASEAN) should learn from the Twin’s, not from its own, mistakes:
The Indo-Pacific, ‘The Quad’, initiative (from Horn of Africa to East Pacific coast) is not a viable policy response for the age of global realignment. It is rather a panicking tactics of imperial retreat (seen in the past with the ‘Coalitions of the Willing’). Why to side it up in lieu of the long-term principles shouldering the skilfully calibrated strategic and emancipatory orientation?
MENA and Afro-Asia should not exhaust its entire foreign policy intellectualism on that. A host of historic south-south summit of 1956 (RI), champion of true multilateralism, along with numerous founding members of NAM should not peripheries themselves by becoming a default, Maginot Line but should lead a reinvigorated Third way.
Between confrontation and bandwagoning, it is time for a true multilateralism (active and peaceful coexistence postulated by the NAM). The Movement gave for so many and for so long a security shelter, voice above weight, sense of civilisational purpose, and a promising future of attainable prospect on the planetary quest for a self-realisation of mankind.
Confrontation is what you get, and cooperation is what you are fighting for.
To this day, the US has concluded the security guaranty accord with some 70 countries on all continents of the world.
The Relevance of International Relations Theory in Community Policing
Community policing in general refers to adopting such measures by law enforcement agencies specifically police where closer ties between the community and the police tends to prevent crime rather than police responding to the incidents of crime once it has taken place. Community policing as a concept implies its meaning in the realm of ‘’public good’’. This concept of public good in itself is shadowed by another broad concept of ‘’order’’. These two concepts go hand in hand so that so peace is achieved as an end. Both ‘’public good’’ and ‘’order’’ lies at the center of community policing.
As identified above, one of the central tenants of community policing which is ‘’Order’’ or ‘’Structure’’ is a concept embedded in the theoretical approach of ‘’Neo-Realism’’ as well. The relevance of this approach of Neo-Realism in the study of community policing is validated by the fact that Police as an institution functions with obligations to its institutional structure. Therefore, the role of police is molded by its presumed authority. It is here where the point of convergence is established between the idea of community policing and neo-realism. Neo-realism which is also called structural realism contends that it is the architecture of the international system that determines state behavior. So that so, in whatever manner the structure of the international system is designed, state’s actions will be in accordance to that structure.
The approach adopted in this paper is to debate the concept of community policing from two different lenses. One such approach as mentioned above is Neo-realism and another one can be Realism as a general theoretical perspective. These two approaches are debated in such a manner that it complements the study of community policing. The reason to incorporate these two concepts is to evaluate community policing from a specific to a general lens. In a theoretical frame of reference this means that it to debate this concept from the level of analysis perspective of international relations.
In the general frame of ideas, the fundamental aim on which community policing is predicated is ‘’prevention of crime’’. The outlook of the practices taken upon by the police personnel are all in alignment of this aim which may include building better relations with the community and developing trust between and among all the stakeholders. It is in this sense that the theoretical framework of international relations theories is worth exploring in accordance with the concept of community policing. In any inquiry of social sciences, the basic purpose of incorporating theory is because theory is what explains the practice and helps to build a better understanding of the social circumstances which affects the lives of people.
Community policing as a concept when deconstructed consists of two major ideas. At the core of it exists the idea of ‘’public good’’ and another one is the idea of ‘’order’’. Public good remains the end goal, whereas the idea of ‘’order’’ is the function of its structure. It is therefore necessary to understand the function of this concept in order to draw justifiable conclusions.
Neo-Realist Perspective on Community Policing
The neo-realist perspective of international relations builds upon the premise that the structure of the international order is the primary determinant of state’s actions. That is to say that if the dilemma of threat exists between two states, and one state is compelled to act in accordance to that to take up measures which ensures its survival then this is due to the prevalent structure or environment of the international order. In this case, state’s actions in a way becomes subservient to the structure. On the other hand, in a community of people, where police personnel are as credible actors as a state is in the international system, his/her actions also are subservient to the prevalent structure of the institution of police as whole. The liberty to exercise power is informed by the institutional obligations which exists upon the personnel. Therefore, the principle of ‘’order’’ which can also be referred to as ‘’structure’’ can determine the extent of prevention of crime rate in a certain community. The structure then has direct effects on behavior of the police personnel.
Realist Perspective on Community Policing
Before dwelling into the explanation of the realist perspective and into relevance to community policing, it is essential to point out why this is being discussed after neo-realism, since realism as a theory of international relations is a broader and a more conventional concept than neo-realism. The primary reason for this is because the argument of community policing is drawn from the behavior of ‘’individual’’ which functions under an institution, therefore the approach undertaken is from specific to general. In that regard, it was essential to debate the structure of the institution which affects the behavior of the personnel first and subsequently debating the role of the broader perspective of realism.
Realism is a theory which is predicated upon the idea that the primary source of conflict in international system is prevalent because states in general seek to maximize their power. The power struggle undertaken by states then translates into security dilemma and balance of power between states. So as to ensure a position of relative advantage against each other. Applying this theory to the concept of community policing, it manifests itself in a manner where the community police is presumed as one actor and the people of the community is considered to be another actor. Both these actors, function with relative powers to each other. Where the police functions with more explicit power of ‘’force’’, the people of the community function with the mobilizing power of ‘’rights’’ and ‘’democracy’’ which is more explicitly referred to as the power of ‘’vote’’. Here the dimension of power maximization applies to both the actors in terms of conflict of interest. As it happens in the international arena, as a bargaining failure of diplomacy leads to states confronting each other by other means, similarly in a community, where both the law enforcing agencies and the people of the community diverge over a conflict of interest, such as wrongfully accusing an individual of a crime which builds a negative perception of the police in the minds of the general public leads to resentment. This, then translates into people being mobilized against the law enforcing agencies. In response to which, the police would further build its capacity to confront the rebels since they usually are in larger numbers. The concept of dilemma then in this realm does exist as enshrined in the philosophy of realism as well. Here dilemma exists where both parties, the law enforcement agencies and the people of the community understand that their relationship is regulated by the nexus of the amount of force that police can use against the people and the authority that is given to them implicitly by the people by putting their trust in the governance system. Therefore, community policing as a concept is predicated to evade the dilemma of mutual conflict and as it happens with the business of one state with the other, where they pursue diplomacy to reach any mutual point of interest; Similar is the case with community policing which aims to establish peace and harmony through public diplomatic channels.
Both these theoretical perspectives then provide insights into how they can actually be debated upon in the study of community policing. It informs the function community policing as well as analyzes its main contours.
A leader of the third world has to lead a movement for reformation of the International law
It is by no means a hyper reality that China has accelerated its geo political influence around the world this year despite the criticism of the West on China’s negligence in concealing the COVID 19 at outset. China being one of the permanent members of security council has widely contributed to the UN system. In this single modern global market, the People’s Republic of China has arguably become the manufacturing hub of the world in producing a large number of goods than any other western country, besides that it has also become the world’s second largest importer of goods. Today the realm of bargaining power in the positivistic international law is completely based in the idea of power politics and the US stands as its cradle beyond a doubt. I would mention America as leader of the first world and China as leader of the third world. As the leader of the western world, the United States relentlessly works for its political, economic and legal dominance, which it has been enjoyed for plenty of years. The third world, which is considered to be the group of states known for its extreme poverty, civil wars, unrest and unemployment, has realized that poverty would become an inevitable obstacle in the process of its development. Mohammed Bedjaoui , who had served as a judge on the International Court of Justice, clearly claimed in his great astonishing work “ Towards a New International Economic Order” that “ It is western exploitation that leads to the poverty of the third world. “The third world pays for the rest and leisure of the inhabitants of the developed world,” and that “Europe created, and the United States has appreciably aggravated, most of the problems which face the third world”.
International law governing the rights and duties of states is perpetually and predominantly being dominated by the first world and its embodiment that is the United States. In this research article, I am going to discuss two essential things which are: what China has to do to reform the west constructed International law and as well as why China should lead a movement of the third world for its reformation?
For knowing these queries, we have to note the origins of International law down and how it works in today’s world?
If we have a look at the brief history of International law, International law has its roots in diverse European civilizations. To say in simple terms, International law is Eurocentric. Natural law which is also considered as a part of International law was developed by ancient Christian thinkers whose ideas were rooted in the Greco Roman ideas on rights and justice, in the due course of time those ideas were imbued with the Catholic theological virtues. However, it was such a sense of sheer irony that ideas such as natural law venerated by the Catholic thinkers were later used to legitimize the colonial expansion in the 16th century. For instance Francesco Vittoria who has been regarded as one of pioneers of modern international law used the very concept of natural law as Spanish justification of its rights over Indian territories in America. Let us turn towards modern International law. Modern International law primarily developed based on two concepts that are the concept of State practice and International treaties.
On the one hand, most of the global scholars perceive the United Nations charter as a founding International treaty of International law that contains rights and duties of states. On the other hand, the third world scholars perceive the United Nations as a founding organization of colonial imperialistic powers. There is a general perception among third world International law scholars that the Security Council of the United Nations is completely dominated and run by the colonial turned imperial powers. Four members out of the five in the Security Council were purely colonial countries who had ruled and economically exploited the world for centuries. The Security Council has also arguably been Eurocentric which is consisted of more western states embodying their own interests. Security Council is the principal organ of the United Nations, which mostly enjoys veto power. Permanent members may use the veto to defend their national interests. Over the years, in history of the Security Council, the United States has used the veto power more than other permanent member for defending west interests including Israeli interests. Most importantly, the third world has no effective role to play and to defend its interests in this globalised world. The colonial super powers met in San Francisco, to establish a predecessor to the League of Nations, have not granted independence to a number of African and Asian countries. Most of the third world countries became independent after establishing the United Nations.
Finally, we reached to the end. I would conclude this article by answering questions that I have put above. The structure of the United Nations is based on the charter of the United Nations, which is considered as a founding document of modern International law. In this way, the United Nations charter grants more absolute powers to the Security Council where third world countries do not have participation. The leader of the third world China must wage a movement for developing countries to reform the Security Council. China has to collaborate with a group of developing countries for removing global financial power that lies with the Bretton Woods Institutions. Obviously, most of the power lies with the Bretton Woods Institutions, where western nations exercise the power on the rest of the world. So far, third world was exploited. So, the rest of the world outside the west has to demand for new international economic order, which would work for developing states.
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