The Legal Politics of Jurisdiction: Understanding ASEAN's Role in Myanmar's Disaster, Cyclone Nargis (2008)

Autor:	Karin Loevy
Rok vydání:	2014
Předmět:	Intervention (law) Politics Sovereignty Jurisdiction Political economy Political science Development economics Member state Cyclone Nargis Natural disaster Southeast asian Law
Zdroj:	Asian Journal of International Law. 5:55-93
ISSN:	2044-2521 2044-2513
DOI:	10.1017/s2044251314000083
Popis:	This paper exposes the limited perspective that we have over the problem of jurisdiction in emergencies. In the classic theory of emergency powers, sovereign control over borders is assumed, and jurisdictional problems are acknowledged when threats come from outside those borders or when they are handled outside. However, what characterizes many emergencies is not the exercise of sovereign jurisdiction but rather contestations over problems of jurisdiction and competing jurisdictional claims. To illustrate the need for a broader perspective over emergencies’ jurisdictional politics, this paper tells a multilayered story about a successful intervention by the Association of Southeast Asian Nations (ASEAN) in one of Myanmar's natural disasters (Nargis 2008). ASEAN's role in its Member State's disaster should be understood in view of its unique regional solution to the jurisdictional problem that this disaster raised—the problem of access by foreign aid to a domestic area affected by a natural disaster.
Databáze:	OpenAIRE
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