title: Indonesia’s quest for peace and stability in South East Asia: a study of informal diplomacy in the second half of the Soeharto era (1985-1998)

authors: Faizasyah, Teuku

abstract: This study examines Indonesia’s use of informal diplomacy between 1985-1998, to further its interests for peace and stability in Southeast Asia. This study argues that the adoption of informal diplomacy was in response to the structural limitation of ASEAN, the nature of the problems of regional conflicts and disputes, and the Indonesian Foreign Ministry’s desire to increase its leverage in foreign policy making and implementation within the Indonesian political system which promoted inter-elites competition. At the same time, internal dynamics within the Ministry from the late-1960s - internal consolidation and the development of a new cadre of trained diplomats - made the adoption of informal diplomacy possible.

This study develops an analytical framework derived from the principles articulated by various scholars and practitioners of Track Two diplomacy and on the conception of bureaucratic politics. The main purpose of this study is to outline and analyse the adoption and application of informal diplomacy in Indonesia’s diplomatic activities from the mid-1980s onward, and also to test a number of hypotheses derived from the literature on informal diplomacy. This study examines three cases where Indonesia used informal diplomacy as part of the overall diplomatic initiatives: in dealing with conflicts in Cambodia and in the southernpart of the Philippines, and in seeking to prevent armed conflicts revolving around territorial disputes in the South China Sea. 

The assessment of research materials and interviews during the fieldwork show that in the Indonesian context adherence to informal diplomacy principles was subject to the circumstances during the meetings, time pressures, and the availability of resources as well as the notion of bureaucratic politics. Overall, the interest of President Soeharto in the informal diplomacy process increased the status of the diplomatic endeavours, an important feature of conflict resolution approaches within the Asian setting. 

This study makes extensive use of documents filed in Indonesia’s Ministry of Foreign Affairs and insights from interviews with theorists and practitioners at the time.

text: Indonesia’s quest for peace and stability in South East Asia: a study of informal diplomacy in the second half of the Soeharto era (1985-1998) This study examines Indonesia’s use of informal diplomacy between 1985-1998, to further its interests for peace and stability in Southeast Asia. This study argues that the adoption of informal diplomacy was in response to the structural limitation of ASEAN, the nature of the problems of regional conflicts and disputes, and the Indonesian Foreign Ministry’s desire to increase its leverage in foreign policy making and implementation within the Indonesian political system which promoted inter-elites competition. At the same time, internal dynamics within the Ministry from the late-1960s - internal consolidation and the development of a new cadre of trained diplomats - made the adoption of informal diplomacy possible.

This study develops an analytical framework derived from the principles articulated by various scholars and practitioners of Track Two diplomacy and on the conception of bureaucratic politics. The main purpose of this study is to outline and analyse the adoption and application of informal diplomacy in Indonesia’s diplomatic activities from the mid-1980s onward, and also to test a number of hypotheses derived from the literature on informal diplomacy. This study examines three cases where Indonesia used informal diplomacy as part of the overall diplomatic initiatives: in dealing with conflicts in Cambodia and in the southernpart of the Philippines, and in seeking to prevent armed conflicts revolving around territorial disputes in the South China Sea. 

The assessment of research materials and interviews during the fieldwork show that in the Indonesian context adherence to informal diplomacy principles was subject to the circumstances during the meetings, time pressures, and the availability of resources as well as the notion of bureaucratic politics. Overall, the interest of President Soeharto in the informal diplomacy process increased the status of the diplomatic endeavours, an important feature of conflict resolution approaches within the Asian setting. 

This study makes extensive use of documents filed in Indonesia’s Ministry of Foreign Affairs and insights from interviews with theorists and practitioners at the time.

year: 2003

title: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study

authors: Mansor, Hariati

subjects: separate legal entity

abstract: This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

text: Solvency, company directors’ duties and the problem of process and enforcement - A comparative study This study examines the legal provisions in relation to creditors’ protection, particularly when the company is insolvent and seeks to compare different statutory approaches with the view of determining the best reforms for Malaysia. Three jurisdictions have been chosen; the United Kingdom, New Zealand and Australia as the basis of comparison due to similar legal history as these countries have often been referred by the Malaysian Courts to assist in the interpretation of the law. To determine the question of creditors’ protection, the thesis will address several main issues. Firstly, the thesis examines the relationship between separate legal entity and limited liability. To do so it questions the circumstances when directors will be personally liable for the debt of the company and the extent to which they are liable. The issue will be explored in the light of the shareholder primacy theory which forms the basis of company law. Directors’ duties therefore are developed with the view of protecting shareholders; and the failure to do so will cause directors to be personally liable. The thesis also considers the arguments for stakeholders’ theory which mandates directors to take account of other stakeholders’ interests in addition to shareholders’ when making decisions. Secondly, it also investigates on how the piercing of the corporate veil and imposing liability on directors will provide protection to creditors especially when the company is insolvent. In order to do so, it scrutinizes the legislative initiatives on the issue as well as the judicial response to the statute. The thesis traces the reforms of the historical doctrine of capital maintenance and the use of solvency test as a replacement to protect creditors. It also provides comprehensive analyses of the law on the issue of remedies in order to ascertain whether the current legal provisions are adequately to protect creditors.

year: 2011

title: A criterion referenced analysis and evaluation of the processes involved in formulating a Māori language regeneration strategy for Whakamārama marae

authors: Lewis, Roger Brian

subjects: critical success factors

abstract: The quality of the processes involved in language regeneration strategy formation is critical to the creation of an effective language regeneration strategy and this, in turn, is critical to the achievement of successful language regeneration outcomes. The overall aim of this research project was to evaluate, using a range of effectiveness criteria, the processes involved in the creation of a marae-based te reo Māori regeneration strategy in the hope that others involved in similar projects in the future would benefit and in the hope that the Whakamārama whānau will themselves derive benefit from it in reviewing what has already been achieved. In Chapter 1, the background to the research project and its rationale are outlined
and the research questions and research methods are introduced. Chapter 2 provides a critical review of selected literature in the area of strategic planning aspects of language regeneration and relevant aspects of mātauranga Māori. Using an ethnographic approach, the processes and immediate outcomes (in terms of a
survey report and a regeneration plan for Whakamārama marae) of the language regeneration project are outlined in Chapter 3. In Chapter 4, effectiveness criteria are derived on the basis of the literature review in Chapter 2. These include criteria relating to leadership, participation, Kaupapa Māori values, environmental
analysis and outcomes. The criteria are then applied to the analysis and evaluation of the processes and outcomes outlined in Chapter 3 in order to identify their strengths and weaknesses. The overall conclusion is that Whakamārama's
language regeneration activities to date can be regarded as successful in many ways, including the fact that they have resulted in the production of high quality documentation that is widely appreciated by the whānau in the form of a maraebased language survey and a marae-based te reo Māori regeneration plan. Working voluntarily and often under difficult circumstances, core group members demonstrated that they possessed the essential characteristics of commitment,
motivation and determination, in addition to the willingness and ability to use existing skills and knowledge effectively and to develop further skills and knowledge as the project proceeded. Perhaps most important, they developed a caring and effective working culture. However, the weaknesses of the project included a lack of preparation and planning prior to the commencement of the project which resulted in a build up of work at a number of stages. This, in turn, lead to delays in producing outcomes and some loss of momentum. It also led, indirectly, to the views of two or three members of the core group being overrepresented in the reo plan goals. The information and analysis provided here
have relevance to any language community involved in micro-level language regeneration activities of a similar type. It is hoped therefore that this thesis may help others to not only avoid the problems experienced by the Whakamārama whānau but also to benefit from their successes.

text: A criterion referenced analysis and evaluation of the processes involved in formulating a Māori language regeneration strategy for Whakamārama marae The quality of the processes involved in language regeneration strategy formation is critical to the creation of an effective language regeneration strategy and this, in turn, is critical to the achievement of successful language regeneration outcomes. The overall aim of this research project was to evaluate, using a range of effectiveness criteria, the processes involved in the creation of a marae-based te reo Māori regeneration strategy in the hope that others involved in similar projects in the future would benefit and in the hope that the Whakamārama whānau will themselves derive benefit from it in reviewing what has already been achieved. In Chapter 1, the background to the research project and its rationale are outlined
and the research questions and research methods are introduced. Chapter 2 provides a critical review of selected literature in the area of strategic planning aspects of language regeneration and relevant aspects of mātauranga Māori. Using an ethnographic approach, the processes and immediate outcomes (in terms of a
survey report and a regeneration plan for Whakamārama marae) of the language regeneration project are outlined in Chapter 3. In Chapter 4, effectiveness criteria are derived on the basis of the literature review in Chapter 2. These include criteria relating to leadership, participation, Kaupapa Māori values, environmental
analysis and outcomes. The criteria are then applied to the analysis and evaluation of the processes and outcomes outlined in Chapter 3 in order to identify their strengths and weaknesses. The overall conclusion is that Whakamārama's
language regeneration activities to date can be regarded as successful in many ways, including the fact that they have resulted in the production of high quality documentation that is widely appreciated by the whānau in the form of a maraebased language survey and a marae-based te reo Māori regeneration plan. Working voluntarily and often under difficult circumstances, core group members demonstrated that they possessed the essential characteristics of commitment,
motivation and determination, in addition to the willingness and ability to use existing skills and knowledge effectively and to develop further skills and knowledge as the project proceeded. Perhaps most important, they developed a caring and effective working culture. However, the weaknesses of the project included a lack of preparation and planning prior to the commencement of the project which resulted in a build up of work at a number of stages. This, in turn, lead to delays in producing outcomes and some loss of momentum. It also led, indirectly, to the views of two or three members of the core group being overrepresented in the reo plan goals. The information and analysis provided here
have relevance to any language community involved in micro-level language regeneration activities of a similar type. It is hoped therefore that this thesis may help others to not only avoid the problems experienced by the Whakamārama whānau but also to benefit from their successes.

year: 2007