title: Islamic Law of Warfare and the Question of Suicide Terrorism: An Usuli Twelver Shia Perspective

authors: Mortaza, Shams

subjects: Islamic law

abstract: Terrorism in the name of religion and ethnicity is the most important security challenge facing the world since the cold war. Among different types of terrorism its suicide version is the most complicated one to combat. Because a very high number of the current suicide attacks against civilian targets are executed by Muslim militants, suicide terrorism is associated with the religion of Islam. Muslim militant groups use Islamic jurisprudential terms, including jihad, to justify their otherwise felonious acts of terrorism. This tactic of sanctification of criminal acts of terrorism by use of Islamic legal terms and language may lead one to decide that it is Islamic law per se that is the driving force behind the current phenomenon of suicide terrorism. Since it was the Twelver Shia Muslims of Lebanon who began the use of suicide tactics in its current form, Shia Islam, as the branch of the faith in which its followers are seen as pioneers of suicide operations, is naturally the major focus of interest in this regard. 
On account of the widespread use of juridical language by organisers and supporters of suicide terrorism, this thesis investigates whether suicide terrorism as such falls within the rules of legitimate warfare (jihad) as found in Usuli Twelver Shia Islamic law, or not. A detailed discussion of contested interpretations of Islam leads to an examination of Shia jurisprudence which then enables a critical evaluation of Jihad in Shia Jurisprudence and a critical discussion of jihad and suicide terrorism. Islamic jurisprudentialism, or fiqh mindedness, provides a language utilised by violent Muslim extremists who have recourse to, or who otherwise support, suicide terrorism. Furthermore, fatwas are also used by violent extremist Muslims to imbue their orders and prohibitions with a sense of religious holiness and sanction. This provides a context wherein their rulings are promoted as beyond dispute. Thus, with respect to Shia jurisprudence, the mechanism in which religious law is made will be laid bare and the criteria for distinguishing a valid fatwa will be illustrated. All elements of Usuli Shia Islamic law which are related to warfare (as armed violence) will be discussed, and their potential to be used as a justification for suicide terrorism will be closely examined, as will the non-jurisprudential justifications which are also used. It will be argued that, for the most part, current normative uses of Usuli Twelver Shia jurisprudential justification of suicide terrorism constitutes a departure from the authentic Shia tradition.

text: Islamic Law of Warfare and the Question of Suicide Terrorism: An Usuli Twelver Shia Perspective Terrorism in the name of religion and ethnicity is the most important security challenge facing the world since the cold war. Among different types of terrorism its suicide version is the most complicated one to combat. Because a very high number of the current suicide attacks against civilian targets are executed by Muslim militants, suicide terrorism is associated with the religion of Islam. Muslim militant groups use Islamic jurisprudential terms, including jihad, to justify their otherwise felonious acts of terrorism. This tactic of sanctification of criminal acts of terrorism by use of Islamic legal terms and language may lead one to decide that it is Islamic law per se that is the driving force behind the current phenomenon of suicide terrorism. Since it was the Twelver Shia Muslims of Lebanon who began the use of suicide tactics in its current form, Shia Islam, as the branch of the faith in which its followers are seen as pioneers of suicide operations, is naturally the major focus of interest in this regard. 
On account of the widespread use of juridical language by organisers and supporters of suicide terrorism, this thesis investigates whether suicide terrorism as such falls within the rules of legitimate warfare (jihad) as found in Usuli Twelver Shia Islamic law, or not. A detailed discussion of contested interpretations of Islam leads to an examination of Shia jurisprudence which then enables a critical evaluation of Jihad in Shia Jurisprudence and a critical discussion of jihad and suicide terrorism. Islamic jurisprudentialism, or fiqh mindedness, provides a language utilised by violent Muslim extremists who have recourse to, or who otherwise support, suicide terrorism. Furthermore, fatwas are also used by violent extremist Muslims to imbue their orders and prohibitions with a sense of religious holiness and sanction. This provides a context wherein their rulings are promoted as beyond dispute. Thus, with respect to Shia jurisprudence, the mechanism in which religious law is made will be laid bare and the criteria for distinguishing a valid fatwa will be illustrated. All elements of Usuli Shia Islamic law which are related to warfare (as armed violence) will be discussed, and their potential to be used as a justification for suicide terrorism will be closely examined, as will the non-jurisprudential justifications which are also used. It will be argued that, for the most part, current normative uses of Usuli Twelver Shia jurisprudential justification of suicide terrorism constitutes a departure from the authentic Shia tradition.

year: 2016

title: A study of the impact of foreign direct investment on firms in the Chinese wine industry

authors: Yin, Haolin

subjects: FDI

abstract: The purpose of this thesis is to examine the process by which emerging market firms leverage foreign resources and capabilities through linkages with foreign affiliates in the home country. This is achieved through a thorough examination of the inter-firm transfer of firm Ownership-specific advantages, resources and capabilities from locally-based foreign affiliates to local Chinese firms via joint ventures and non-equity-based collaborative partnerships.
The theoretical foundation of this study draws on the Linkage, Leverage and Learning (LLL) framework (Mathews, 2006a; 2017) within the broader contextual frameworks of the Investment Development Path (IDP) framework (Dunning & Narula, 1996) and the Ownership, Location and Internalisation (OLI) paradigm (Dunning, 2000; 2001). The particular focus of the study is on the Linkage and Leverage constructs.
A case study method, focused on the Chinese wine industry and its participants, is employed. Qualitative data was collected through 48 in-depth semi-structured interviews with firms (including wine producers, suppliers and distributors), wine institutes and wine bureaux.
This thesis finds that the leverage process encompasses three phases:
a) Application, or directly utilising foreign resources and capabilities without change;
b) Adaptation which involves incrementally changing foreign resources and capabilities and/or adjusting the existing resources and capabilities of local Chinese firms to better utilise foreign resources and capabilities; and
c) Amelioration, or remodelling original foreign resources and capabilities by fundamentally improving and innovating them to better fit the needs of local Chinese firms.
The leverage process shows that local Chinese firms not only learn from foreign affiliates, but also develop foreign resources and capabilities to upgrade their competences. Foreign multinationals contribute to the upgrading of local firms in the Chinese wine industry by introducing technology, techniques and experience in winegrowing and winemaking; expertise in corporate governance and vineyard management; and well-developed philosophies in the winery business. Further, the findings suggest that inward FDI (IFDI) has played a catalyst role in the development of the Chinese wine industry by a) expanding industrial scale, b) introducing winery business philosophies, c) closing the technology gap between the industry and its international counterparts, d) creating a climate for Sino-foreign communication regarding wine techniques, e) engaging in wine education, f) promoting local wine regions, and g) boosting industrial confidence.
The theoretical contributions of this thesis include the exploration of how the LLL framework can be employed in a home-country context; a richer understanding of “Leverage” within the LLL framework; and the development of a process model which illustrates IFDI’s impact on the upgrading of emerging market firms and their industry within the home country.
Although this research is limited contextually to the wine industry in China, it has implications for other emerging economies that have unique, competitive and irreplaceable Location-specific advantages attractive to IFDI. Public policies that seek to achieve industrial development in such economies can draw on the catalyst role of IFDI. Emerging market firms to gain greater access to foreign resources and capabilities by adopting the linkage-leverage-learning concept as a strategy in their home countries.

text: A study of the impact of foreign direct investment on firms in the Chinese wine industry The purpose of this thesis is to examine the process by which emerging market firms leverage foreign resources and capabilities through linkages with foreign affiliates in the home country. This is achieved through a thorough examination of the inter-firm transfer of firm Ownership-specific advantages, resources and capabilities from locally-based foreign affiliates to local Chinese firms via joint ventures and non-equity-based collaborative partnerships.
The theoretical foundation of this study draws on the Linkage, Leverage and Learning (LLL) framework (Mathews, 2006a; 2017) within the broader contextual frameworks of the Investment Development Path (IDP) framework (Dunning & Narula, 1996) and the Ownership, Location and Internalisation (OLI) paradigm (Dunning, 2000; 2001). The particular focus of the study is on the Linkage and Leverage constructs.
A case study method, focused on the Chinese wine industry and its participants, is employed. Qualitative data was collected through 48 in-depth semi-structured interviews with firms (including wine producers, suppliers and distributors), wine institutes and wine bureaux.
This thesis finds that the leverage process encompasses three phases:
a) Application, or directly utilising foreign resources and capabilities without change;
b) Adaptation which involves incrementally changing foreign resources and capabilities and/or adjusting the existing resources and capabilities of local Chinese firms to better utilise foreign resources and capabilities; and
c) Amelioration, or remodelling original foreign resources and capabilities by fundamentally improving and innovating them to better fit the needs of local Chinese firms.
The leverage process shows that local Chinese firms not only learn from foreign affiliates, but also develop foreign resources and capabilities to upgrade their competences. Foreign multinationals contribute to the upgrading of local firms in the Chinese wine industry by introducing technology, techniques and experience in winegrowing and winemaking; expertise in corporate governance and vineyard management; and well-developed philosophies in the winery business. Further, the findings suggest that inward FDI (IFDI) has played a catalyst role in the development of the Chinese wine industry by a) expanding industrial scale, b) introducing winery business philosophies, c) closing the technology gap between the industry and its international counterparts, d) creating a climate for Sino-foreign communication regarding wine techniques, e) engaging in wine education, f) promoting local wine regions, and g) boosting industrial confidence.
The theoretical contributions of this thesis include the exploration of how the LLL framework can be employed in a home-country context; a richer understanding of “Leverage” within the LLL framework; and the development of a process model which illustrates IFDI’s impact on the upgrading of emerging market firms and their industry within the home country.
Although this research is limited contextually to the wine industry in China, it has implications for other emerging economies that have unique, competitive and irreplaceable Location-specific advantages attractive to IFDI. Public policies that seek to achieve industrial development in such economies can draw on the catalyst role of IFDI. Emerging market firms to gain greater access to foreign resources and capabilities by adopting the linkage-leverage-learning concept as a strategy in their home countries.

year: 2021

title: Pākehā Roots: Is claiming a Pākehā identity based on ethnic heritage or ethical choice?

authors: Green, Lynda

subjects: Authenticity

abstract: Development of a Pākehā identity has been an ongoing process since the first influx of people from the Northern Hemisphere set foot on the shores of Aotearoa. Originally the term Pākehā served as a generic term to distinguish early European colonisers from the Indigenous population who came to be known under the generic term of Māori. Both of these terms separated two groups of residents that have come to be known under the broader title of New Zealander. 

Chapter 2 begins with providing definitions from a range of sources describing some origins and definitions of the term Pākehā, discussion around the appropriateness of the term and how it can be used in our current timeframe to show empathy with Māori and their struggle for self-determination. A brief overview of human migration to the British Isles then the resulting migration to Aotearoa provides historical context to our pre-Pākehā heritage. Following this is a snapshot of some of our earliest Pākehā settlers which leads into the extent our governing bodies enlisted assisted immigrants to populate and provide infrastructure for this new colony of the British Empire. 

Chapter 3 delves into the angst-ridden territory of authentic existence championed through the existential philosophical movement. Tempered with a more compassionate approach from communitarian philosophy we are provided with a means to explore the many layers that build not only individual identity, but a collective identity also. Evidence is offered for the accommodation of the similarities, and more importantly differences we all experience in our wider relationships. Finally, focus is narrowed to specific issues attached to identifying as Pākehā in Aotearoa.

Underpinning this research are the nine semi-structured interviews which have provided tangible evidence of the complex elements accompanying the decision to self-identify as Pākehā (Chapter 4).  The very nature of identifying as Pākehā, as illustrated through the interview is not straightforward eliciting responses ranging from abundantly clear, to confusing and to contentious.  

The sheer diversity of responses generated an initial observance that, if this level of diversity in defining the term Pākehā is shown by nine people, how much more diversity would be operating throughout the general population. Here we can see how the basic premise of existential philosophy, that is, there is no essential nature to our existence, can be applied to attempting to seek a definition of being Pākehā that encapsulates all of the possible elements. What became abundantly apparent was the heartening feeling of most people striving for a sense of connectedness, on various levels, and a sense of belonging to this country we all call home.

text: Pākehā Roots: Is claiming a Pākehā identity based on ethnic heritage or ethical choice? Development of a Pākehā identity has been an ongoing process since the first influx of people from the Northern Hemisphere set foot on the shores of Aotearoa. Originally the term Pākehā served as a generic term to distinguish early European colonisers from the Indigenous population who came to be known under the generic term of Māori. Both of these terms separated two groups of residents that have come to be known under the broader title of New Zealander. 

Chapter 2 begins with providing definitions from a range of sources describing some origins and definitions of the term Pākehā, discussion around the appropriateness of the term and how it can be used in our current timeframe to show empathy with Māori and their struggle for self-determination. A brief overview of human migration to the British Isles then the resulting migration to Aotearoa provides historical context to our pre-Pākehā heritage. Following this is a snapshot of some of our earliest Pākehā settlers which leads into the extent our governing bodies enlisted assisted immigrants to populate and provide infrastructure for this new colony of the British Empire. 

Chapter 3 delves into the angst-ridden territory of authentic existence championed through the existential philosophical movement. Tempered with a more compassionate approach from communitarian philosophy we are provided with a means to explore the many layers that build not only individual identity, but a collective identity also. Evidence is offered for the accommodation of the similarities, and more importantly differences we all experience in our wider relationships. Finally, focus is narrowed to specific issues attached to identifying as Pākehā in Aotearoa.

Underpinning this research are the nine semi-structured interviews which have provided tangible evidence of the complex elements accompanying the decision to self-identify as Pākehā (Chapter 4).  The very nature of identifying as Pākehā, as illustrated through the interview is not straightforward eliciting responses ranging from abundantly clear, to confusing and to contentious.  

The sheer diversity of responses generated an initial observance that, if this level of diversity in defining the term Pākehā is shown by nine people, how much more diversity would be operating throughout the general population. Here we can see how the basic premise of existential philosophy, that is, there is no essential nature to our existence, can be applied to attempting to seek a definition of being Pākehā that encapsulates all of the possible elements. What became abundantly apparent was the heartening feeling of most people striving for a sense of connectedness, on various levels, and a sense of belonging to this country we all call home.

year: 2014