Rethinking International Cooperation: Crime, Policy and Politics in Australia-Indonesia Relations

Abstract

Scholars have long puzzled over the conditions that promote cooperation between nation-states. This thesis develops a new approach to the puzzle by examining the practice of international cooperation through a socio-legal lens. It is grounded in a qualitative case study of the criminal justice relationship between Australia and Indonesia, focusing on three areas: police cooperation, extradition arrangements, and cooperation relating to detained nationals. The thesis asks: what are the conditions that promote crime cooperation between Australia and Indonesia? Beneath this overarching question, it poses the following sub-questions: What drives the cooperation? How do different actors influence the cooperation? What determines the scope for cooperation? The thesis frames these questions socio-legally by situating the cooperative relationship within transnational legal orders (TLOs) that regulate terrorism and other transnational crimes. The TLO framework has several advantages over existing approaches to studying international cooperation. First, rather than privileging the state as an actor, the framework attends to the multiplicity of actors above and below the state who shape cooperative initiatives. Second, rather than focusing on political dynamics, it also highlights the significance of law and policy in the practice of international cooperation. Third, it embraces the inherent complexity of this practice by integrating various empirical and theoretical perspectives into its analysis. To provide a rich empirical picture of the criminal justice relationship between Australia and Indonesia, the thesis relies on interviews with over 100 current and former participants in the relationship, and extensive archival material, including media reporting and government records. To make sense of this data within the TLO framework, the thesis draws on theories relating to the construction of transnational problems (securitisation), the interplay of domestic and international politics (two-level games), the operation of international police networks (bureaucratic autonomy and culture), and the scope for international cooperation (reciprocity). It also incorporates insights from regulatory studies. Based on this analysis, the thesis argues that there is a structural tension between political and policy interests at the heart of the cooperative relationship. It further argues that cooperation is more likely to occur when these interests are in balance, and that law is a critical institution in enabling this balance to be struck. To conclude, the thesis brings the key findings of the study together to propose a model of the cooperative relationship. It also considers whether the findings could be generalised and their practical implications.