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Forced Migration in Transition: Perspectives from Social Science and Law

February 6, 2020

In November 2019, we, members of the Sylff Mikrokolleg on Forced Migration at Ruhr University Bochum (RUB), hosted the conference “Forced Migration in Transition: Perspectives from Social Science and Law” at our home university in Bochum, Germany. The conference brought together researchers and practitioners from different disciplines to tackle pressing issues revolving around forced migration.

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The Sylff Mikrokolleg on Forced Migration

Our three-member organizing committee consisted of Benedikt Behlert, Corinna Land, and Robin Ramsahye. Benedikt and Robin are PhD students in international law at RUB’s Institute for International Law of Peace and Armed Conflict (IFHV). Corinna is a PhD student at the Social Science Faculty. All of us are current or former fellows of the Sylff Mikrokolleg on Forced Migration at RUB. The Mikrokolleg was established in 2017 as an interdisciplinary group of four PhD students contributing to the field of forced migration studies from different angles through their individual PhD projects and through common projects like our conference. By now, it has assembled a network of eighteen members around itself, consisting of seven professors, three current Sylff fellows, and eight associates, two of whom are former fellows. Following the aim of Sylff to “nurture leaders who will initiate action to transcend differences and address issues confronting contemporary society,” the theme for this micro assembly of young researchers at the doctoral level was quickly found: forced migration, one of the greatest challenges facing the international community today.

An Interdisciplinary Conference Bringing Together Academia and Practice

Given the contemporary dynamics of human mobility, scholarly debates on “forced migration” gained new momentum over the last year. Controversial discussions often revealed a set of highly important challenges concerning theoretical, conceptual, and methodological approaches. They also confirmed that it was impossible to truly understand this multidimensional issue without intense cooperation between various disciplines.

Against this backdrop, our conference provided a highly necessary platform to discuss recent research findings and theoretical approaches. The fruitful academic exchange was enriched by perspectives of experts from the human rights and development practice who assured the real-world relevance of the debate.

Experts from humanities and law as well as representatives from civil society met in four consecutive workshops and raised yet unanswered questions at the heart of the matter: What is forced migration after all? How do we define it? How useful is distinguishing between legal and other categories? What is the role of affected individuals in forced migration studies? How can we mitigate the pressure to migrate? And what are our possibilities and responsibilities as academics and citizens to defend public discourse from ever more xenophobic and exclusionary voices?


Transitions of Concepts, Perspectives, Law and Space

Panel 1 chaired by Corinna Land, far right, examined the concept of forced migration in the present context.

Panel 1, titled “Transition of Concepts” and chaired by Corinna Land, reflected our interdisciplinary discussions as Kolleg fellows as to what our common project should focus on. It showed that the definitional clarity that a lawyer is trained to seek cannot be conjured out of thin air when it concerns such a contentious and complex term as forced migration. The contributions of all four panelists highlighted that forced migration is conceptualized today as an integral part of global social inequalities that continuously produce forced mobility. Focusing on the African continent, Serge Palasie, a practitioner with the nongovernmental organization Eine Welt Netz, presented a macrohistorical overview of reasons for such inequalities, drawing a link from European colonialist exploitation to contemporary hegemonic practices of states underpinning the global economic order. Christopher Boyd, a doctoral candidate at the University of Glasgow’s School of Law, built on this approach with a critique of the international legal system. As “part of the problem,” international law cements hegemonic political projects as law and is thus inherently limited in providing solutions. Dr. Isabella Risini, an international law researcher at Ruhr University Bochum, equally emphasized the complexity of forced migration in a globalized world in which political, economic, and social questions are tightly interwoven and argued for a moderate role of international lawyers. Dennis Dijkzeul, professor of organization and conflict research at the IFHV, reminded the audience of the importance of gaining a wider understanding of forced migration processes through the actors involved, including states and, increasingly, networks of international organizations and NGOs.

Benedikt Behlert, right, moderates Panel 2, which provided insights for protecting individual migrants’ human rights.

Panel 2, called “Transition of Perspectives” and chaired by Benedikt Behlert, moved the focus from the broader notion of forced migration to individual forced migrants. It explored the rise of actor-oriented theories in law and social sciences transcending the longstanding image of migrants and refugees as passive beneficiaries of humanitarian assistance. The panel acted as a forum to discuss what agency these groups have in defending their interests. Legal scholars Dr. Itamar Mann from the University of Haifa and Dr. Ekaterina Yahyaoui from the University of Ireland, Galway, presented their approaches. Taking writer Behrouz Boochani’s account of life in an Australian refugee detention center on Manus Island in the Pacific as a starting point, Dr. Mann illustrated cases of judicial activism in favor of refugees’ human rights. Having himself brought a claim regarding detention practices against Australian authorities before the International Criminal Court, he provided insights on ways in which international law may be used to further migrants’ rights. Dr. Yahyaoui explored theoretical approaches to circumscribing actors in need of international support, based on the “turn to vulnerability” in refugee and forced migration studies. Criticizing this approach for its lack of nuance, she argued for increased consideration of substantive equality as part of the established human rights framework, coupled with the theory of intersectionality, which allows for engagement with individual experiences instead of schematic categorizations.

Panel 3 chaired by Robin Ramsahye, far right, discussed relations between disputes of land rights and forced migrations.


Panel 3, themed on “Transition of Law” and chaired by Robin Ramsahye, zoomed in on the specific scenario of land allocation within populations and ensuing conflicts as an important driver of forced migration. International litigator Lucy Claridge of Amnesty International provided insights into the Endorois case before the African Commission on Human and Peoples’ Rights. As counsel, she represented members of the Endorois community, who had been displaced by the Kenyan government, in their quest for restoration of their historic land and compensation. Professor Jochen von Bernstorff from the University of Tübingen assessed current efforts to recognize the right to land in international law and examined the structural implications of land rights for the broader framework of international law. Dr. Kei Otsuki of Utrecht University explored the notion of infrastructural violence, pointing to problematic aspects of progressive legal frameworks in reaction to modernization and resettlement, which ultimately contributed to legitimizing and formalizing displacement. Mariana de Martos from the Max Planck Institute for Social Anthropology in Halle concluded the panel by analyzing the discrepancies between the law and its implementation through a case study of indigenous peoples’ land rights in the Brazilian Amazon rainforest.

Panel 4 chaired by Carolin Funke, far right, looked at the issue of migrants’ integration into their host communities.

Lastly, Panel 4, “Transition of Space” chaired by Carolin Funke, a post-doctoral researcher at the IFHV, opened the conference lens to the wider societal discourse. Both the findings of academic research and practical work on the issue of migration often seem to be drowned out by highly emotional and shrill debates, increasingly dominated by adherents of extreme positions. The panel contextualized these observations from the perspectives of academia, practice, and the media. Professor Ludger Pries of Ruhr University Bochum stressed that refugees and migrants are often either maligned or paternalized. He stressed that narrow views labeling them as intruders or target groups for transnational solidarity miss the mark, since migrants are actors in their own right, shaping their destinies. Building on this, journalist Isabel Schayani provided an account of her daily work covering the fates of migrants stranded on the European outposts that many of them first arrive at, as well as the lives of migrants who make it to Germany and endeavor to create a life for themselves. Complementing these perspectives, Claudia Jerzak from the University of Applied Sciences for Social Work, Education, and Care in Dresden presented examples of the process of integrating migrants into host communities through highly structured spaces, such as integration courses, and interchangeable, prestructured spaces, such as meeting cafés and self-organized spaces where refugees act as hosts and organizers.

Invaluable Experiences and Much Gratitude

The conference has afforded us a number of lasting experiences and benefits. Securing the funds for and organizing the conference sequence enabled us to familiarize ourselves with many tasks that are of crucial importance in the academic world. Having conceptualized several panels in form and content under an overarching theme, reached out to people and secured commitments of participation, organized international travel, and coped with several last-minute cancellations, we feel we have gained insights that can only be achieved through action. The interdisciplinary character of the conference, merging social scientific and legal approaches to forced migration, was initially challenging to conceive but turned out to be very beneficial. Throughout the phase of substantial preparation, we had to transcend our own disciplinary boundaries in delimiting the panels in a way that worked from the perspectives of both law and social sciences. We were glad to see that the conference participants did the same by engaging in fruitful discussions. Beyond the immediate exchange in the panel discussions, the conference enabled us to expand our professional networks and make valuable contacts through numerous occasions for informal discussions with our guests, many of whom we have arranged to stay in touch with for future cooperation.

We are indebted and very grateful to a number of people and organizations for the conference’s success. First, we would like to express our gratitude to the Sylff Association and the Tokyo Foundation for setting up the Sylff Mikrokolleg on Forced Migration and giving us the opportunity to research and express our ideas through their generous financial and administrative support. A special thank you to Sylff director Yoko Kaburagi is in order for attending our conference and encouraging follow-up exchange.

We also very much appreciate the help of RUB’s Research School, which sponsored the conference and continuously supported us with logistics and procedures, most importantly in the person of Dr. Sarah Gemicioglu.

We would also like to warmly thank all associate fellows and researchers involved with the Sylff Mikrokolleg on Forced Migration and who made valuable contributions to the development of the conference. We are glad to see that there is a lot of interest in our Kolleg and that many promising young researchers stand ready to take over and move it forward still.


Behlert's related article "The State and the Rights of Individuals: Pursuing Research at the Graduate Institute Geneva" can be read at
www.sylff.org/news_voices/27786/.

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Developing an Inclusive Distribution Model Using 3D-Printed Prosthetic Legs

January 30, 2020
By 24612

Keio University fellow Yutaka Tokushima—who became the first recipient of a Sylff Project Grant (SPG) in 2018 for an initiative to provide affordable 3D-printed prosthetic legs—recently completed the second year of his project. The grant enabled him to form a partnership with a university hospital in the Philippines to improve the functions of the prostheses by conducting usability trials with 49 patients. In 2019, he continued to produce and provide artificial limbs while also reaching out to local governments, donors, and the national insurance commission to help expand his project. The following is Tokushima’s account of some of the difficulties he encountered and the knowledge he gained over the past two years, which have engendered new aspirations and prospects. A video introducing his activities can be viewed here (YouTube channel) or by clicking the link below

 

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I am currently advancing an ultra-low-cost, 3D-printed prostheses project in the Philippines. The 3D-CAD software and 3D printer that we developed for prostheses can create a prosthetic leg from suitable materials (filaments) using data from a 3D scanner. At present, the price of producing one leg is 20,000 pesos (about US$400), roughly a tenth the average price of a conventional prosthesis and equivalent to the starting salary for a college graduate in the Philippines—making it affordable to the local people who in the past were not able to buy one.

In the past, prosthetic limb manufacturing required the patient to visit a production facility many times over several weeks, but 3D printing takes about 24 hours from scanning to production, so the patient only needs to visit the clinic twice; once for the diagnosis and again to pick up the leg.

What initially got me involved in this project was my experience working in Bohol, a small rural village in the Philippines, as a member of the Japan Overseas Cooperation Volunteers (JOCV) between 2012 and 2014.

Diabetes was prevalent among the poor there. Without the means to go to a hospital, they would not get regular medical checkups. Illnesses would get neglected, resulting in diabetic gangrene and forcing people to amputate their limbs or die from not being able to, as many actually did. Visiting the rural clinics where I was assigned as a volunteer, I discovered that about 1% of the residents had decaying legs. The major cause of this can be attributed to their eating habits. Poverty did not provide for more than a very small amount of salty fish or meat to go with a large amount of rice, resulting in an excessive intake of carbohydrates.

There are only three public facilities in the Philippines that manufacture prosthetics. During my research I asked people who had left their gangrene unattended why they did not get medical attention. I suggested that leaving the leg unattended might kill them, but most had no reply, their faces telling me that they had largely given up on life. Getting an amputation would only mean lying around at home because they could not afford prosthetics. They would just become one more mouth to feed, so they were better off dead. I was saddened and shocked when I first realized their plight.

From this experience, I decided to develop ultra-low-cost prostheses that could be made in emerging countries and purchased by anyone. I thought that this could save people all over the world who, like the diabetic gangrene patients I had met, had decaying legs but were not able to do anything about it.

Carefully measuring the dimensions of a patient’s leg.

Understanding the structure of a patient’s leg.

Scanning leg shape data.

I started by examining a wide range of possibilities regarding prosthetic limb production in emerging countries, including the use of construction waste, bamboo, and other readily available materials. I finally came to the conclusion that 3D-printer manufacturing was the best way to balance functionality and price to meet the demands of prosthetic leg production in developing countries. However, there were many problems in terms of quality and cost in designing and manufacturing prostheses similar to existing types using commercially available 3D-CAD software and 3D printers.

After I returned to Japan in 2015, as a Sylff fellow at Keio University, I started developing 3D-CAD software and 3D printers specifically for prosthetic limbs that could overcome these issues. I set out to develop 3D-CAD software and a 3D printer exclusively for prosthetic 3D printing, eliminating all extra features and applications of commercial printers—a process that took three years.

The ever-evolving 3D prosthetic leg printer today and artificial leg brace.

From fiscal 2018, thanks to the Sylff Project Grant and in cooperation with the University of Philippines, Philippines General Hospital (UP-PGH), we conducted material strength tests to secure patient safety and usability tests to obtain medical evidence while advancing preparations for local production.

In the usability tests, we asked 49 patients to wear our 3D-printed prostheses for three months while living as before. Compared to conventional prostheses for emerging countries, we were able to achieve a 128% functional improvement (based on patient evaluation using a prosthesis evaluation questionnaire).

Based on these results, in fiscal 2019, we started local production in the Philippines for the purpose of manufacturing and selling 3D-printed prosthetic legs in emerging countries. As of December 2019, we have been able to deliver approximately 20 prostheses per month to amputees in metropolitan areas in the Philippines, and 112 people now use our prostheses. We are aiming to reach annual production of 1,000 units in fiscal 2020.

Visiting a patient who has started wearing a prosthetic leg.

A patient is able to climb up and down steep steps after regaining a normal lifestyle.

Thus far, the people using our prostheses have been limited to those living in metropolitan areas who are middle- to high-income earners. As such, we can hardly say that the prosthetic problem in the Philippines has been resolved.

My next step is to deliver our prosthetic legs to amputees not only in Metropolitan Manila but also those in remote areas like Bohol, where I had previously served as a volunteer, and in the poorest areas where people cannot afford a $400 prosthesis.

This is why I established the Instalimb Foundation, a nongovernmental organization whose mission is to develop a new distribution model for prostheses delivery catering to those who live in remote areas and who cannot pay $400 for an artificial limb and to implement this model as a social business.

Through the activities of this organization, I hope to establish a sustainable system to ensure that all people who require prosthetic limbs, including the poor in developing countries, have access to them, starting with the Philippines in fiscal 2020. 

With fellow's project members and cooperators.

As for our performance in fiscal 2019, five leg amputation patients were referred to us from local governments, and contributions from local donors were enough to pay for 12 prosthetic legs. Next year, we hope to expand our cooperation with local groups throughout the Philippines.

We have also begun approaching central government agencies in the Philippines, such as the Department of Health and the Department of Trade and Industry, as well as relevant Japanese ministries, such as the Ministry of Economy, Trade, and Industry and the Ministry of Health, Labor, and Welfare, to have our prostheses distribution model incorporated in the PhilHealth government health insurance framework that is being advanced by the Philippine Insurance Commission.

We will continue to consult with stakeholders and make policy recommendations in the hopes of quickly realizing a social system capable of providing prosthetic legs to all amputees in the Philippines.

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Altered Disturbance Regimes and Novel Ecosystems: Understanding and Managing Ecosystem State Change in the Forest-Peatland Ecotone of Southwest Patagonia

January 24, 2020
By 25980

Using an SRA award, Kyla Zaret, a 2018 Sylff fellow from Portland State University, visited Southwest Patagonia in Chile to conduct fieldwork from March to May 2019. She has been continuously visiting this area since 2003, when she was enchanted by the natural beauty of the region. After learning approaches to conservation and development during her master’s program, she began building networks with local people and stakeholders. Her Sylff SRA fieldwork was based on her long-term commitment and experiences.

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Patagonia looms large in the imaginations of individuals across the world, though many people are surprised to learn that the region encompasses more than one million square kilometers and extends from Chile’s fjords in the west to Argentina’s cliff-lined coast to the east, thus traversing both the Andes Mountains and national borders. While the global mythos of Patagonia as a pristine landscape of rivers flowing freely from glaciated peaks through primeval rainforest or across windblown steppe is not entirely false, it does belie the region’s historic and current patterns of land use and landscape change, which are becoming increasingly influenced by climate change and globalization. My academic research and goals as a Sylff fellow are responses to my first-hand experiences of how the above factors affect Patagonia’s ecosystems and people and my desire to lead conservation efforts that transcend socio-political boundaries to engage a diversity of stakeholders in fostering the resilience of this critical, yet vulnerable, region of the world.

Mosaic of burned wetlands and forests along the Vargas River, which parallels the “Southern Highway” and flows into the Baker River (also shown) in the Aysén Region, Chilean Patagonia. Photo by Adam Spencer, 2017.

I first arrived in Patagonia in 2003 as a backpacker, eager to explore the region’s remote and rugged beauty; however, my perspective of people and place has since deepened, as has my commitment to generating positive social change. I began conducting scientific fieldwork in southwest Patagonia in January 2010 while completing an independent research project as part of the International Conservation and Development option of the master’s program in which I was enrolled at the University of Montana (UM). I chose to undertake my practicum in Patagonia because observations that I had made during my initial travels (e.g., the conversion of native forest to nonnative tree plantations, evidence of landscape-scale fires, and a controversial hydroelectric project that would displace families from their homesteads) inspired numerous questions about natural resource management and environmental justice—questions that catalyzed my pursuit of graduate study.

Through the interdisciplinary program at UM, I learned approaches to conservation and development that prioritize local peoples’ knowledges, needs, and perceptions while striving to promote the conservation of biodiversity and ecosystem function. Within the doctoral program at Portland State University (PSU), I have been applying those teachings and building upon my master’s research to investigate how patterns of social interaction influence whose information and knowledge about altered ecosystems becomes integrated into decision-making processes, thus determining the next trajectories of ecological and social change. This research is needed because land use practices such as burning, logging, and, more recently, peat moss harvest, continue to dramatically alter the mosaic of temperate rainforests and wetlands (i.e., the “forest-peatland ecotone”) that characterize the landscape of southwest Patagonia, calling into question the continued resilience of sensitive ecosystems and the human communities who depend upon them.

A burned forest site that was once dominated by the cedar tree Pilgerodendron uviferum (Ciprés de las Guaitecas) but is now being harvested for the peat moss Sphagnum magellanicum (pon pon or pompoñ).


Historically, poorly drained sites along river valley bottoms in southwest Patagonia were dominated by a slow-growing, rot-resistant cedar tree (Pilgerodendron uviferum), whose harvest and sale formed the cornerstone of local people’s livelihoods and cultural identities, as I learned through my master’s research (Zaret 2011). Currently, however, almost all of these sites are characterized by fire-charred snags and stumps that rise from a saturated carpet of red-orange peat moss (Sphagnum magellanicum), and the cedar tree is listed as a globally threatened species (IUCN 2010). The change in dominance from cedar tree to peat moss is reflected in a transition in the resource use of these sites: in some parts of southwest Patagonia, people have shifted from harvesting cedar to harvesting peat moss. Thus, trade-offs must be made in the socio-political-economic realm regarding which potential ecosystem services of these now nonforested sites should be encouraged through management decisions. For example, should the keystone species and culturally iconic cedar tree be restored to burned sites, or is there greater perceived value in maintaining such sites in their current state of enhanced peat moss growth (e.g., so as to allow for continued harvest and sale of the moss to the horticulture market)? Conflicts are starting to arise between managers and landowners and other resource users given the passage of a new national law (Decreto 25, August 2019) that regulates the harvest of peat moss on public and private lands. Deciding how best to manage these cedar–peat moss (or “forest-peatland”) sites is further complicated by a dearth of information: none of Chile’s state agencies have been dedicated to wetland management, and very little knowledge is held by agency personnel regarding these altered ecosystems (Fernán Silva, Agricultural Service, pers. comm.).

In response to this situation, my dissertation has two overarching goals, which pertain more to the ecological or social domain of forest-peatland resource use and management of southwest Patagonia. My first goal incorporates ideas of ecosystem resilience (e.g., Holling 1973) and ecological tipping points (e.g., Scheffer and Carpenter 2003) to investigate patterns and mechanisms of ecosystem change across waterlogged sites in southwest Patagonia due to altered climate and fire regimes. I am working on this goal using forest reconstructions, paleoecological data, and vegetation surveys at control and burned sites to compare historical and contemporary relationships between climate, fire, and vegetation. My second goal is to evaluate whether the network of stakeholders engaged in natural resource use and management is structured so as to foster “social learning” (e.g., Muro and Jeffrey 2008), which may be a prerequisite for managing the complex (and novel) multiscalar dynamics of ecosystems comprising this ecotone (Folke et al. 2005). This goal has been made possible by the Sylff Graduate Fellowship and Sylff Research Abroad (SRA) award, which have allowed me to complete the qualitative and quantitative data collection needed to apply the technique of social network analysis (e.g., Bodin and Crona 2009).

Old-growth cedar trees (Pilgerodendron uviferum) rise in the distance beyond tall bulrushes in an unburned area of the Exploradores Valley of the Aysén Region, Chilean Patagonia.

The social dimension of my dissertation research is driven by my interest in whether actors who differ in their capacities (or power) to make decisions that strongly affect their occupations or livelihoods (e.g., governmental land managers vs. resource-dependent landowners or resource harvesters) communicate their knowledge and observations of the natural world with one another. This exchange is needed not only in order to best understand rapidly changing ecological dynamics but also to assure that the perspectives and needs of all stakeholders are taken into account in the management process. Thus, my SRA project was designed to help me answer the research question: Can patterns of information and knowledge exchange within the egocentric networks of distinct socio-political actors be explained by (a) the distribution of relational ties that are constrained, voluntary, or imposed by a third party (i.e., “terms of connection”; Rocheleau and Roth 2007: 434), and/or (b) scale-related differences in perspectives regarding the value(s) of forest-peatland sites?

To begin answering the above question, I conducted fieldwork in the Aysén Region of southern Chile from March to May 2019. (Aysén is where I completed my master’s research and where I have been building my own social network since 2010.) There, I traveled from the capital city of Coyhaique to rural towns and homesteads, engaging in participant observation, meeting with key informants, identifying stakeholders and potential research participants, and conducting semistructured interviews. To find and recruit interview participants, I used purposive snowball sampling to locate individuals representing opposite ends of the socio-political scale ranging from high-interest, low-power individuals to high-interest, high-power individuals. Ultimately, I conducted participant observation with 26 individuals from the land management, commercial, natural resource harvest, and nonprofit science, education, and conservation sectors, and I conducted 12 semistructured interviews (8 with individuals on the high-interest, high-power side of the socio-political scale and 4 with individuals of high interest but low power). This small sample size, especially of low-power individuals, reflects (1) the limited numbers of individuals who are currently regularly engaged in forest-peatland resource use in Aysén[1] and (2) the degree of distrust characterizing landowners’ and resource users’ relations with land managers. That is, a recent campaign by land managers to inform stakeholders of the new rules to be instituted under Decreto 25 resulted in feelings of frustration, and even persecution, on the part of landowners and resource users. Thus, when I arrived at people’s homesteads to discuss the subject of peat moss harvest, many individuals and families were still aggravated over their interactions with land managers. While some people were still open to talking with me—perhaps given my perceived neutral role as a foreign researcher—I felt it inappropriate to request a formal, recorded interview unless I had some prior history and establishment of trust with the research participant.

A view from within a stand of old-growth cedar (Pilgerodendron uviferum) in the Exploradores Valley of the Aysén Region, Chilean Patagonia.


My SRA fieldwork was most productive in terms of connecting me with land managers from the Agricultural Service who will be responsible for implementing the new regulations under Decreto 25. They are actively engaged in building their capacity to understand and monitor the dynamics of forest-peatland sites and to conduct effective education and outreach campaigns. Given my prior work with Round River Conservation Studies (RRCS), a conservation organization that leads study abroad programs for undergraduates and that has been partnering with land management agencies in Aysén since 2012, I was able to participate in several meetings with the Agricultural Service in which I advocated for the recognition of landowners’ and resource harvesters’ knowledge and perspectives. During one of those meetings, a commitment was formed between RRCS and land managers to jointly host a series of workshops for landowners and resource harvesters in which a primary objective would be creating an opportunity to share their experiences and knowledge of forest-peatland sites and to offer feedback on land managers’ activities and regulatory tools.

Back in the United States, I am currently in the process of coding interview data in preparation for conducting the social network analysis (SNA). Following the methods of Knoke and Yang (2008) and Prell (2012), I will map, analyze, and compare the egocentric networks of my research participants in terms of the proportion and quality of information- and knowledge-exchange ties that occur between individuals of the same versus different socio-political scales. These egocentric network maps will display social actors as nodes of different shapes (depending on their socio-political scale) that are connected by arrows, whose direction will indicate whether the exchanges are unidirectional or mutual and whose thickness will represent the quality of the exchange (e.g., whether voluntary or imposed; Rocheleau and Roth 2007). I will use content analysis of the interviews to qualitatively interpret patterns of information and knowledge exchange in the maps in light of people’s own perceptions of their socio-political scales and the value/importance they attribute to forest-peatland sites and their own observations of the natural world.

My preliminary findings, from participant observation and informal conversations, suggest that despite land managers’ new imperatives to identify and communicate with stakeholders, the flow of knowledge and information within and across socio-political scales is currently impaired due to the following: (1) landowners’ frustrations with past interactions with land managers; (2) landowners’ and resource harvesters’ lack of awareness of or appreciation for their own knowledge of the natural history of forest-peatland sites; (3) land managers’ lack of recognition of landowners and resource users as legitimate knowledge holders; and (4) structural aspects of regional institutions that limit communication between land managers, even within a single agency. Ultimately, I hope that the network maps—the visual products emerging from this research—can be used to pinpoint and convey where efforts to enhance communication and collaboration between stakeholders have the best chance to ensure that all perspectives and insights are brought into play to guide the wise use and continuing availability of natural resources in southwest Patagonia. I also intend to use the outcomes of my research to draw attention to other understudied nonboreal forest-peatland ecotones of the world. These areas have received scant attention from the global scientific community despite their vulnerability to climate change and their potential to contribute significantly to greenhouse gas emissions if burned (Davies et al. 2013), thus threatening the resilience of local and nonlocal ecosystems and actors.

The Sylff fellow, so excited to have finally located an old-growth stand of cedar trees (Pilgerodendron uviferum) in the Exploradores Valley of the Aysén Region, Chilean Patagonia.

As a Sylff fellow and SRA awardee, I am thankful to have been able to expand my dissertation to include a social line of inquiry that (1) will generate new conceptual and methodological links between governance, scale, and social network theory that pertain to knowledge and information exchange regarding the use and management of altered ecosystems and (2) has an applied goal of active “network weaving” (Vance-Borland and Holley 2011). In this way, I feel that I am becoming a conservation scientist and practitioner who works to transform environmental governance into a process that is equitable and inclusive for all natural resource stakeholders.

References

Bodin, Ö., and B.I. Crona. 2009. The role of social networks in natural resource governance: What relational patterns make a difference? Global Environmental Change 19 (3): 366–74. https://doi.org/10.1016/j.gloenvcha.2009.05.002.

Davies, G.M., A. Gray, G. Rein, and C.J. Legg. 2013. Peat consumption and carbon loss due to smouldering wildfire in a temperate peatland. Forest Ecology and Management 308 (November): 169–77.https://doi.org/10.1016/j.foreco.2013.07.051.

Folke, C., T. Hahn, P. Olsson, and J. Norberg. 2005. Adaptive governance of social-ecological systems. Annual Review of Environmental Resources, 30: 441–73. https://doi.org/10.1146/annurev.energy.30.050504.144511

Holling, C.S. 1973. Resilience and stability of ecological systems. Annual Review of Ecology and Systematics 4: 1–23.

Knoke, D., and S. Yang. 2008. Social Network Analysis. Thousand Oaks, California: SAGE Publications, Inc. http://methods.sagepub.com/book/social-network-analysis.

Muro, M., and P. Jeffrey. 2008. A critical review of the theory and application of social learning in participatory natural resource management processes. Journal of Environmental Planning and Management 51 (3): 325–44. https://doi.org/10.1080/09640560801977190.

Prell, C. 2012. Social Network Analysis: History, Theory and Methodology. Los Angeles: SAGE Publishing.

Rocheleau, D., and R. Roth. 2007. Rooted networks, relational webs and powers of connection: Rethinking human and political ecologies. Geoforum 38 (3): 433–37. https://doi.org/10.1016/j.geoforum.2006.10.003.

Scheffer, M. and S.R. Carpenter. 2003. Catastrophic regime shifts in ecosystems: Linking theory to observation. Trends in Ecology and Evolution 18 (12): 648–656.

Vance-Borland, K. and J. Holley. 2011. Conservation stakeholder network mapping, analysis, and weaving: Conservation stakeholder networks. Conservation Letters 4 (4): 278–88. https://doi.org/10.1111/j.1755-263X.2011.00176.x.

Zaret., K. 2011. Distribution, use and cultural meanings of ciprés de las Guaitecas in the vicinity of Caleta Tortel, Chile. Unpublished master’s thesis, University of Montana.

 

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Sylff@Tokyo: Serbia Fellow Researching Legal Principles Connects with Experts in Japan

January 15, 2020

Milos Markovic, a PhD student in law at the University of Belgrade in Serbia, is currently conducting research at the University of Tokyo on the distinctions between legal principles and rules. His research project in Japan, funded by Sylff Research Abroad, consists primarily of conducting interviews with judges, attorneys, and professors.

To facilitate his research, the Sylff Association secretariat introduced him to Masahito Monguchi, a trustee of the Tokyo Foundation for Policy Research, where the secretariat is located. Monguchi is a former president of the Nagoya High Court—one of eight high courts in Japan—and spent five years at the Supreme Court, where he was involved in many important decisions as a judicial research official. He also worked in the Cabinet Legislation Bureau of the Japanese government and has firsthand knowledge of the legislative process. He is currently an adviser for one of the country’s biggest law firms.

Markovic visited him on December 16, 2019, at his law firm and discussed several court cases where legal norms appeared to conflict. Monguchi explained the approach used to resolve these conflicts, drawing on his own experience. He also referred Markovic to related cases that could be expected deepen and enrich his research.

Markovic also dropped by the Tokyo Foundation for Policy Research and met with Sylff Association program officers and with Charles Crabtree, a senior data scientist at the Foundation. Crabtree explained the major structural issues that Japanese society is facing, such as population aging and workforce gender imbalances, and offered to introduce other experts in Japan to help Markovic’s research.

Markovic, standing far right, during his visit to the Sylff Association secretariat.

 

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Jordanian Fellows Invited to the Japanese Ambassador’s Residence in Amman

December 26, 2019

On November 12, 2019, Japanese ambassador to Jordan Hidenao Yanagi invited the president of the University of Jordan, Professor Abdel-Karim al-Qudah, members of the Sylff steering committee, and 10 Sylff fellows from the university to his residency. It was the first time that so many fellows from the last 15 years came together to be with the president of the University of Jordan and faculty members.

From left (front row), Dr. Hadeel Yaseen (Sylff steering committee member), Dr. Tayseer Abu Odeh, President Abdel-Karim al-Qudah, Ambassador Hidenao Yanagi, along with other Jordanian Sylff fellows and embassy staff.

Since 2003, 20 graduate students at the University of Jordan have received a Sylff fellowship, and they have gone on to positions of great professional responsibility and leadership. Many of these fellows now work as lawyers, judges, university professors, social leaders, school teachers, and researchers.

A message from the secretariat of the Sylff Association was read out, which made special reference to a conference organized by Sylff fellow Tayseer Abu Odeh in July. All attendees extended their heartfelt gratitude to the Sylff program and the Tokyo Foundation for Policy Research for funding their academic studies and postgraduate initiatives.

Ambassador Hidenao Yanagi spoke on educational and academic collaboration between the Japanese government and the University of Jordan, while Professor Abdul-Karim al-Qudah made remarks on bilateral educational cooperation between the Tokyo Foundation for Policy Research and the University of Jordan.

On behalf of Jordanian Sylff fellows, Tayseer Abu Odeh made a speech on the ways in which Sylff fellows benefitted from the fellowship personally and collectively: “To anyone who cherishes the hope that education is the most powerful and effective tool to humanize and develop society and the government, the process of sustainable development seems to be a genuine national priority. This is precisely what makes the Sylff Association unique and dynamic. Not only does it support fellows during a limited period of time, it also offers support and guidance throughout their careers.”

The evening was a great opportunity for Jordanian Sylff fellows to get to know one another and to reinforce their ties with their alma mater. The event was covered on social media by the University of Jordan (Arabic only)

The Sylff Association secretariat is grateful to Ambassador Yanagi for providing this valuable opportunity and to Professor Abdel-Karim al-Qudah for his presence at the occasion.

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Sylff News 2019: Best Wishes for the Holiday Season from the Sylff Association Secretariat!

December 18, 2019

Sylff Association Chairman Yohei Sasakawa (front row, center) is flanked by Yue Zhang (left) and Aya Oyamada. Second row, from left, are Misa Tanaka, Sanae Oda (executive director), Yoko Kaburagi (director), Mari Suzuki, and Tomoko Yamada. Standing, from left, are Yumi Arai, Keita Sugai (director), and Ikuko Ohkubo.

Since the launch of the Sylff Association, we have been strengthening our continuing support for fellows and encouraging closer interaction among all Association members. These efforts are now bearing fruit, and in 2019, Sylff Leadership Initiatives grants enabled four fellows to channel their expertise and resources into bringing about positive change in society. Twenty fellows were invited to Japan to participate in the concluding spring session of the Sylff Leaders Workshop 2018-19 focusing on the “Future of Food Production in 2030.” The Local Association Networking Support program helped finance a second gathering of fellows at Jadavpur University, India, and the University of Nairobi, Kenya, enabling fellows to connect with those from different years.

We were also pleased to receive visits by many fellows to our office, as detailed in 11 Sylff@Tokyo articles—the highest number to date. We also carried a report on a chance meeting between two fellows from different universities at a third Sylff institution.

Follow the links to the Sylff News articles uploaded in 2019:

News from the Sylff Website

Support Programs

Sylff Leaders Workshop

Final Presentations of all 20 participants at the final session of the Leaders Workshop 2018-19.

(1) Stefan Buchholz, Ayo Chan, Evgeny Kandilarov, and Eleni Konstantinou

(2) Kabira Namit, Anna Plater-Zyberk, Nermeen Varawalla, and Trisia Angela Farrelly

(3) Susan Rachel Banki, Nomingerel Davaadorj, Maria Adelasia Divona, and Jennifer Dysart

(4) Ronya Foy Connor, Rosangela Malachias, Andrew Prosser, and Nuruddeen Mohammed Suleiman

(5) Iker Imanol De Urrutia, Beverley M. Thaver, Dejan Soskic, and Michaela Guldanova

 

Sylff Research Abroad (SRA)

SRA Awardees for Fiscal 2019, First Round

SRA Awardees for Fiscal 2018, Second Round

 

Sylff Leadership Initiatives (SLI)

SLI Awards for Projects to Ensure a Democratic Election and Protect Indigenous People’s Rights

Influential Figures Attend University of Jordan Forum to Discuss Violence against Women

SLI Awards for Projects to Empower the Local Community and Facilitate Climate Justice

 

Local Association Networking Support (LANS)

JU-SYLFF LANS Meet 2019

 

25th Anniversary of Sylff in China

Sylff’s Silver Jubilee in China (4): Four Universities Celebrate 25th Anniversary in 2019

 

Sylff Worldwide

News of notable achievements by Sylff fellows around the world.

Dec 18

A Chance Sylff Encounter, Far from Home

Dec 17

Three Bochum Fellows Organize International Conference on Forced Migration

Oct 18

Chika Ezeanya-Esiobu Named among the Most Influential People of African Descent

Jul 29

Fellow’s Book Highlights Plight of “Invisible, Incarcerated” Women Prisoners in India

 

Sylff@Tokyo

We welcomed many current and graduated fellows and steering committee members to the Sylff Association secretariat in 2019.

Nov 28

Visit by National Academy of Governance Fellow Nomingerel Davaadorj

Nov 22

A Long-term Engagement with Myanmar’s Land and Natural Resources Issues

Oct 30

Thriving in Utrecht’s International Atmosphere

Oct 30

Latvia Fellow Speaks at Global Security Conference in Nagasaki

Oct 18

The Importance of Promoting Basic Education in Developing Countries

Sep 19

New Zealand Fellow’s Deep Ties to the Sylff Community

July 10

Linking Latin America and Japan through Literature

July 3

Multitalented Erika Mitsui Transitions from Social Science to Music and Now to Medicine

Jun 12

Ruhr-University Bochum Launches “Sylff College”

May 24

Visit by Chile Fellow Paulina Berrios

Feb 6

A Delegation from India Meets with Energy Expert at the Tokyo Foundation for Policy Research

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A Chance Sylff Encounter, Far from Home

December 18, 2019

The secretariat received an email detailing an interesting encounter between two Sylff fellows that we would like to share.

The sender of the email was Bruno Pegorari, a Sylff fellowship recipient in 2017 at the University of São Paulo and originally from Brazil. He is currently a PhD candidate in the Faculty of Law, University of New South Wales. We recently posted news about his SLI award.

One day, he was introduced to a visiting researcher from Indonesia who, like Pegorari, had an interest in indigenous rights. As they were enjoying their conversation one afternoon in the campus courtyard, Pegorari realized they had one more thing in common—the visiting researcher was also a Sylff fellow!

The fellow he met was Yance Arizona, who received his fellowship in 2011 at the University of Indonesia. He is pursuing a PhD at Leiden University in the Netherlands and was visiting UNSW for his doctoral research. His trip to UNSW was funded by Sylff Research Abroad (SRA).

The secretariat was delighted to learn of the chance meeting between two Sylff fellows who had both left their home countries to pursue doctoral studies overseas. We are reminded that Sylff is a truly global community!

We laud the fellows’ commitment to cutting-edge research and hope that their findings will have a positive impact on strengthening the rights of indigenous peoples.

We also thank Bruno for sharing news of his meeting with Yance. We always welcome your submissions. Please let us know of any other Sylff encounters!

Yance Arizona, left, and Bruno Pegorari at the University of New South Wales.

 

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Three Bochum Fellows Organize International Conference on Forced Migration

December 17, 2019

Three Sylff fellows at Ruhr University Bochum (RUB), Germany, convened a two-day international conference on “Forced Migration in Transition: Perspectives from Social Science and Law” in November 2019. The fellows—Benedikt Behlert, Corinna Land, and Robin Ramshahye—have different disciplinary backgrounds but share a research interest in forced migration. The Sylff program at RUB encourages an interdisciplinary approach and is called Sylff Mikrokolleg.

All participants, including members of the audience, engaged in active dialogue.

The four sessions of the conference focused on the “Transition of Concepts,” “Transition of Perspectives,” “Transition of Law,” and “Transition of Civic Spaces” and sought to elucidate the dynamics of migration in a global context. People leave their homes for various reasons, such as to escape armed conflict, environmental degradation, and economic hardship. Migrants are not necessarily passive victims but often make strategic decisions to leave in search of a better life for themselves and their families.

Ending remarks by the three Bochum fellows (from left, Robin Ramshahye, Corinna Land, and Benedikt Behlert).

The three fellows organized all aspects of the conference, from carefully developing the program and choosing session topics that would attract a broad audience to inviting panelists from different countries, securing funding, renting the venue, arranging for the catering of food and drinks, and even cleaning up after the event! They also moderated the sessions, encouraging active dialogue among the more than 50 participants.

The Sylff Association secretariat is very proud of the commitment the fellows showed in convening this conference and congratulates them on the success of this worthy initiative.

 

 

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Copycats and Patent Wars: The Effects of Quality Investment

December 13, 2019
By 22425

Qinquan Cui, a 2017 Sylff fellow at Sun Yat-sen University in China, is currently conducting research as a visiting PhD student at the University of California, Los Angeles (UCLA). Recently, he published his thesis “Quality investment, and the contract manufacturer’s encroachment” in one of the flagship research journals. In this article, he shares his analysis and perspectives on global business issues.

*  *  *

Multinational cooperation has become increasingly popular in the manufacturing industry, including contract manufacturing and the setting up of joint ventures in emerging economies. In contrast to integrated business models in the past where the manufacturer had absolute control over material supply, manufacturing, assembling, and retailing, the core manufacturer in the new era has to face competition from business cooperators who can even be copycats. [1,2,3] This owes to the spillover and leakage of technology between different entities in a supply chain, which is a double-edged sword. [4] The positive side has been proven by Toyota’s knowledge-sharing network by learning product information. [5] However, product innovation can be imitated by local suppliers or contract manufacturers from the channel of foreign direct investment and product quality investment, leading to an emerging proliferation of supply chain encroachment. In such a situation, contract manufacturers (CMs) establish direct channels to compete with original equipment manufacturers (OEMs).

 

An Apple store opposite a Samsung store.
Wang Xiaofei — Visual China Group via Getty Images

The Patent Fights

This type of supply chain encroachment has induced a few intense fights - costly juristic activities. To stop such a practice of market entry, Apple Inc. (an OEM) fought with Samsung Electronics Co., Ltd. (a kind of CM), because the latter had been copying Apple’s product designs and patents for a long time. Recent years have witnessed a battle in which Apple took legal action against Samsung for product plagiarism, which has cost the former more than one billion dollars. [6] However, the United States Supreme Court appeared to be stuck in a dilemma over how to deal with the high-stakes battle between the two. [7] It indicated that it was uncertain how much money the South Korean electronics company owed for infringing patents on the iPhone’s design. Thus, it seems that filing a lawsuit has brought only a faint possibility of blocking Samsung’s encroachment and compensating for Apple’s losses caused by the former’s imitations. The complexity and uncertainty of the legal environment in different countries are mainly accountable for this dilemma.

 

Apple and Samsung’s legal fight over patents.
Peter Macdiarmid — Getty Images Europe

Strategic Quality Investment as a Weapon

To reduce the contract manufacturer’s incentive of encroachment by imitation, Apple has turned to a more attainable operational strategy—investing in product quality improvement. Accordingly, Apple’s investment in research and development (R&D) has increased significantly; for instance, the fiscal year 2016 saw a 25% increase from the previous year, which contrasted sharply with the 8% fall in revenue. [8]

One important point should be made clear: sometimes the upgrade of Apple’s products is not significant, and thus the differences between the two companies’ products are not distinct, while at other times the update is striking. In addition, the contract manufacturer does not always keep up with the pace of Apple’s product quality upgrade or compete with Apple by imitation. This makes people wonder under what conditions Apple would enhance investment for improvements in product quality and be highly cautious of the co-competitor’s imitations. A question then arises: is the CM’s threat of competition one of the motivations for the OEM to invest in product quality improvement?

The Multiple Effects of Quality Investment

When the collaborator is a copycat, there are two major concerns for the profit-maximizing OEM. First, enduring a CM’s imitation and encroachment without any costly deterrence is a conservative strategy, but the OEM has to share the retail revenue with the CM. Second, investing in quality improvement has multiple effects compared with the strategy of no investment: (1) it may stop the CM from encroaching and benefit the OEM; (2) if the CM’s encroachment cannot be prevented, the OEM’s profit may deteriorate, while the rival (CM) could obtain more retail revenue by imitation; and (3) a profit improvement might be induced by the OEM’s quality investment, regardless of whether the encroachment is prevented or not.

Besides, in order to enter the OEM’s final market, the CM would strategically adjust the wholesale price to affect the OEM’s sourcing quantity. The OEM may then benefit from the CM’s encroachment if the wholesale price becomes lower.

Research Questions

Motivated by the above discussions, my research “Quality investment, and the contract manufacturer’s encroachment,” published in the European Journal of Operational Research, aims to explore the following three questions by analyzing a game-theoretical model. (The main content of this article is based on the above published research.) First, under what economic conditions does the CM’s encroachment occur? Second, should the OEM invest in quality as a mechanism to deter—or encourage—the (potential copycat) CM’s encroachment? Third, under what conditions can the CM’s encroachment achieve a Pareto improvement instead of causing a loss to the OEM?

Main Findings

Without the OEM’s quality investment, the CM always has the incentive to encroach on the OEM’s market and will claim a higher wholesale price in contrast with the ideal scenario without encroachment, but the increase of the wholesale price will be mitigated by the CM’s higher imitating ability. Then the OEM’s profit will decline as the product demand decreases due to competition from the CM.

Furthermore, when there is an attainable quality investment opportunity for the OEM, once the investment is executed, the CM will prefer the irresponsible encroachment only if its imitating capability exceeds a certain threshold. Alternatively, the CM’s encroachment policy may depend on the characteristics of the OEM’s investment. In the latter scenario, the strategic interactions between the OEM and CM become more intricate, depending on the nature of the quality investment and the CM’s imitating capability.

Another key finding shows that the CM’s threat of encroachment can facilitate the OEM quality investment and that quality investment could be preferred if it can blockade the CM’s encroachment even though the quality investment per se is unprofitable. Overall, quality investment is partially effective in deterring the CM’s encroachment. Moreover, it is found that a win-win situation can be induced by the encroachment when quality investment is implemented by the OEM; in other words, if the CM’s imitating ability is not extremely strong, the OEM’s profit can be improved by the CM’s encroachment.

Managerial Insights

The motivations for the OEM’s quality improvement (investment) lie in two aspects. Firstly, it can stimulate market demand for the OEM’s original product, which can generate more retail revenue even as the CM acts as a free rider and copycat. Secondly, quality investment is also a powerful weapon to deter the competitive CM’s encroachment. Moreover, it is found that the CM’s encroachment is certain to happen when its imitating ability is strong, in which case the structure of quality investment no longer matters.    

Furthermore, research findings show that the CM’s imitation and encroachment can contribute to a win-win situation for both parties under certain conditions. In this scenario, the OEM’s profit increment is generated by an increased demand for the original product and a lower wholesale price, while the retail price of the original product falls compared with the situation without encroachment.

 

Quality investment at the crossing.
Lucas Jackson — REUTERS

However, quality investment is not always an effective solution to deterring the CM’s encroachment or helping encroachment improve the OEM’s profit. For instance, an encroachment by a CM with a strong imitating ability and an investment structure characterized by low investment cost and low quality improvement will certainly hurt the OEM’s profit.

This explains why, among those OEMs who established joint ventures (or other forms of cooperation) in developing countries, some would use quality improvement to deter their partners’ product imitation and encroachment, others prefer to invest in quality improvement and wink at the CM’s encroachment, and yet others complain about their CMs’ irresponsible imitation behavior.

As stated by the New York Times, the insights of this research are in line with the prediction that “Apple can find better ways of earning hundreds of millions of dollars than fighting a decade-long lawsuit.” [9] Then the courtroom is not always the place to try to get patent problems solved. Instead, the alternative operational strategy—quality (R&D) investment—would be a more efficient weapon that can deter copycats’ imitations and supply chain encroachments.  

 References

[1] Chen, Y.J., S. Shum, and W. Xiao. 2012. Should an OEM retain component procurement when the CM produces competing products? Production and Operations Management, 21 (5), 907–922.

[2] Cui, Q. (2019). Quality investment, and the contract manufacturer’s encroachment. European Journal of Operational Research, 279, 407–418.

[3] Cui, Q., C.H. Chiu, X. Dai, and Z. Li. 2016. Store brand introduction in a two-echelon logistics system with a risk-averse retailer. Transportation Research Part E: Logistics and Transportation Review, 90, 69–89.

[4] Aldieri, L., V. Sena, and C.P. Vinci. 2018. Domestic R&D spillovers and absorptive capacity: Some evidence for US, Europe and Japan. International Journal of Production Economics, 198, 38–49.

[5] Dyer, J.H., and N.W. Hatch. 2004. Using supplier networks to learn faster. MIT Sloan Management Review, 45 (3), 57.

[6] Eichenwald, K. 2014. The great smartphone war. Vanity Fair, May 3, 2014.

[7] Kendall, B. 2016. Supreme court hears Apple-Samsung patent case. The Wall Street Journal, October 12, 2016.

[8] Gallagher, D. 2016. What does Apple get for $10 billion of R&D? The Wall Street Journal, October 28, 2016.

[9] Nicas, J. 2018. Apple and Samsung end smartphone patent wars. The New York Times, June 27, 2018.

 

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Celebrating the International Labor Organization Centenary with a Conversation about Labor Standards, Health, and Safety at Work

December 11, 2019
By 26658

Using an SRA award, Olívia de Quintana Figueiredo Pasqualeto, a 2019 Sylff fellow from the University of São Paulo, visited the International Labor Organization (ILO) in Geneva to discuss aspects of her doctoral thesis with specialists in international labor standards and collect bibliographical references on the subject that are not accessible from Brazil. In this article, she describes what motivated her to study the influence of international law on the protection of health and safety of workers and the application of Convention No. 155 of the ILO by labor courts in Brazil; the importance of the ILO visit and its contributions to her research; and the next steps to take after visiting the ILO.

* * *

Background and Motivations

The desire to understand how domestic law dialogues with international law originates in reflections on some of the results found in studies prior to my PhD research, especially during the conclusion of my master’s dissertation,[1] which showed that the programs, goals, and concepts set forth by the International Labor Organization on green jobs[2] are rarely observed by member states of the organization, as well as by institutions that handle the subject. Moreover, in my master’s research, I was able to find that occupational health and safety standards are most often breached in green jobs. From these conclusions came the question of the extent to which international law is applied in Brazil and influences the protection of health and safety at work.

In front of ILO building entrance.


To answer this proposed question, the object of study had to be delimited. I decided to study a specific international standard—ILO Convention No. 155 (C155), the first ILO convention that addressed health and safety at work generally, holistically, and preventively (ITCILO, 2018, p. 2)—and its application by the Brazilian labor courts (who exercise judicial power over labor subjects), since jurisdictional activity is one of the most concrete ways of giving effectiveness to international law (Valticos, 1955; Valticos, 1977; Potobsky, 2004). The idea is to analyze whether this international standard offers greater protection to worker health and safety and what the benefits are of applying it.

Considering the theme to be studied, it occurred to me to visit the ILO, the international body that prepared the C155, is responsible for monitoring its effectiveness, brings together great experts, and has the most specific bibliographic collection on the subject.

 

Visiting the ILO: An Opportunity to Dialogue with Experts and Deepen the Theoretical Framework

The proposed SRA project had two main objectives: to discuss with ILO experts the preliminary results of my research and to complement the bibliographic references of my thesis.

With ILO experts from NORMES, after our conversation.

To achieve the first objective, a conversation was scheduled with some of the ILO’s legal officers from the International Labor Standards Department (NORMES). In this dialogue, I had the opportunity to ask the following questions: How can we make international labor standards more effective? Is judicial activity an important form to make it (more) effective? In Brazil, I perceive a certain lack of awareness about international labor standards (C155), including among judges; do you have the same impression, and does that make sense to you? This may not be exclusive to Brazil; what do you see in other countries? What are the advantages of using international labor standards (C155) in judicial decisions? How does the ILO plan to increase the use of Convention No. 155, what are the ways of bringing labor standards of the ILO closer to domestic law, and is there any strategy focused on jurisdictional activity?

My conversation with these experts was very productive. I was welcomed by three legal officers, and we debated the issues I had proposed for over two hours. Some of their answers reinforced and complemented some of the conclusions of my thesis, and an observation made by one of them helped me rework one of my research hypotheses. From this conversation, I structured and wrote the last chapter of the thesis, which is under review.


In addition, at the end of the conversation, one of the legal officers put me in contact with another important ILO department called the Labor Administration, Labor Inspection and Occupational Safety and Health Branch (LABADMIN/OSH), specializing in occupational health and safety, with which I was able to schedule another meeting that I had not initially foreseen. This second meeting was also very helpful, as we talked about the possibility of occupational health and safety being included in core labor rights.

It was highly important for the research to have this dialogue with people from outside my academic circle and have the opportunity to “test” the results that I have been finding. This helped me rethink some categorical statements I had made and indicated that the path I am tracing for the investigation is coherent.

Seeking to reach the second objective of my SRA project, I requested access to the ILO library, which allowed me not only to consult the library’s physical collection but also to use its space to study and write the thesis everyday while I was in Geneva. I was able to make a systematic collection of bibliographic material, having found works that are not available in Brazil. Being able to turn to these theoretical references—especially older books by Nicolas Valticos, Wilfred Jenks, and Georges Scelle—allowed me to complement the foundation of some ideas developed throughout the first and second chapters of the thesis, especially with regard to judicial use of ILO conventions. In addition to the theoretical framework, I had access to various historical documents regarding the approval of Convention No. 155 and ILO publications on occupational health and safety in general.

Artwork from India in the ILO garden.

 

Next Steps

With the end of research abroad, I am finalizing the writing and review of the thesis, with the submission of my dissertation scheduled for December 2019 and graduation in March 2020.

In addition to completing the research, the ILO visit allowed me to structure two future projects: one originating from the meeting with LABADMIN/OSH, which opened a channel for material exchange and the possibility of developing a joint article in the future about “health and safety at work as a fundamental right and principle at work”; another directed to the publication of reviews (in Portuguese) of the works I consulted that are not accessible from Brazil, aiming to share with the Brazilian academic community this content not yet available in the country.

 

Conclusion

Finally, I point out that, besides the activities performed and described above, my visit to the ILO building full of artwork related to human labor, especially in the year of its centenary, gave me even more inspiration and motivation to complete the doctorate, think about new research objects, and plan future projects.

 

References

ITCILO (International Training Center of the International Labor Organization). 2018. International labour law and domestic law. Turin: ITCILO.

Valticos, N. 1955. Conventions internationales du travail et droit interne. Revue critique de droit internationale privé, vol. 2, 251–288.

Valticos, N. 1977. Droit international du travail et droit interne français. Travaux du comité français de droit international privé, vol. 34, no. 1973, 11–37.

Potobsky, G. V. 2004. Eficacia jurídica de los convenios de la OIT en el plano nacional. In Les normes internationales du travail: un patrimoine pour l’avenirmélanges en l’honneur de Nicolas Valticos, by J.C. Javillier, B. Gernigon, and G.P. Politakis. Genève: Bureau International Du Travail, 287–305.

 [1] This master’s dissertation is titled “Worker protection in green works,” defended at the Faculty of Law of the University of São Paulo on November 7, 2016.

[2] “Green jobs” is an expression created by the ILO to designate decent forms of work dedicated to the continuous and efficient protection and repair of the environment (natural, artificial, cultural, and labor) in the most varied economic activities, regardless of the worker’s hierarchical position and legal relationships. These jobs must be socially, environmentally, and economically sustainable.