Why does scholarship on transnational labor regulation (TLR) consistently fails to search for improvements in working conditions, and instead devotes itself to relentless efforts for identifying administrative processes, semantics, and amalgamations of stakeholders? This article critiques TLR from a pro-worker perspective, through the philosophical work of Georg Lukács, and the concepts of reification and commodification. A set of theoretically grounded criteria is developed and these are applied against selected contemporary cases of TLR. In the totality that is capitalism, reification (...) of social relations of production conceals completely the experiences of workers. In TLR, managerialist and process-oriented scholarship is dominant, verifiable outcomes and positive improvements in conditions of employment are not sought, and worse, meaningless procedures are celebrated as positive achievements. (shrink)

This article aims to refute the “incompatibility thesis” that nationalism is incompatible with transnational feminist solidarity, as it fosters exclusionary practices, xenophobia, and racism among feminists with conflicting nationalist aspirations. I examine the plausibility of the incompatibility thesis by focusing on the controversy regarding just reparation for Second World War “comfort women,” which is still unresolved. The Korean Council at the center of this controversy, which advocates for the rights of Korean former comfort women, has been criticized for its (...) strident nationalism and held responsible for the stalemate. Consequently, the case of comfort women has been thought to exemplify the incompatibility thesis. I argue against this common feminist perception in three ways: first, those who subscribe to the incompatibility thesis have misinterpreted facts surrounding the issue; second, the Korean Council's nationalism is a version of “polycentric nationalism,” which avoids the problems of essentialist nationalism at the center of feminist concerns; and, third, transnational feminist solidarity is predicated on the idea of oppressed/marginalized women's epistemic privilege and enjoins that feminists respect oppressed/marginalized women's epistemic privilege. To the extent that oppressed/marginalized women's voices are expressed in nationalist terms, I argue that feminists committed to transnational feminist solidarity must accommodate their nationalism. (shrink)

In this ethnography of transnational commercial surrogacy In a small clinic In India, the narratives of two sets of womenInvolved In this new form of reproductive travel - the transnational clients and the surrogates themselves - are evaluated. How do these women negotiate the culturally anomalous nature of transnational surrogacy within the unusual setting of India? It Is demonstrated that while both sets of women downplay the economic aspect of surrogacy by drawing on predictable cultural tools like (...) 'gift', 'sisterhood' and 'mission', they use these tools In completely unexpected ways. Previous ethnographies of surrogacy In other parts of the world have revealed that women Involved In surrogacy use these narratives to downplay the contractual nature of their relationship with each other. Ironically, when used In the context of transnational surrogacy 1n India, these narratives further highlight and often reify the Inequalities based on class, race and nationality between the clients and suppliers of reproductive tourism In India. (shrink)

One of the ways in which transnational medical agencies (TMAs) such as Medicins Sans Frontieres aim to increase the access of the global poor to health services is by supplying medical aid to people who need it in developing countries. The moral imperative supporting such work is clear enough, but a variety of factors can make such work difficult. One of those factors is the wrongdoing of other agents and agencies. For as a result of such wrongdoing, the attempt (...) to supply medical aid can sometimes lead to significant negative effects. What should TMAs do in such situations? On one view, TMAs should take account of any negative effects arising from the wrongdoing of others in just the same way in which they take account of negative effects arising more directly from their own actions, or from natural forces. To many people, this view seems wrong. In this paper, I articulate and discuss several different reasons why one might think this. In doing so, I hope to contribute to a debate about the more general question of how TMAs should respond to the wrongdoing of others. (shrink)

This chapter sketches a literary history of writing the colonial interregnum through the comparison of a canonical Dublin text and its filmic adaptation with a canonical Johannesburg text and its filmic adaptation. Njabulo Ndebele’s short story ‘Fools’ (1983) repurposes formal elements from Joyce’s ‘The Dead’ (1914), transposing strategies for representing late colonial Dublin to a Johannesburg township during the height of apartheid in a context of extreme racial domination; beginning with close comparative readings of both stories, my chapter argues that (...) the context in which ‘Fools’ emerges determines the significance of its reappropriation of Joycean formal devices and simultaneously forces a re-reading of Joyce’s flirtation with bourgeois naturalism in ‘The Dead.’ Further, the respective publishing contexts of ‘Fools’ and ‘The Dead’ go on to determine their reception and recirculation, as demonstrated by the diverse histories of the American John Huston’s adaptation of ‘The Dead’ (1984), and Ramadan Suleman’s South African adaptation of ‘Fools’ (1997). In following this circumatlantic history of influence and adaptation from Joyce to Ndebele to Huston to Suleman, across hemispheres and media, I mean to articulate a relationship between modernist form and forms of modernity, particularly as those forms that appear and reappear in the global south over the course of the long twentieth century. Particular attention is paid here to the history of underdevelopment in the global south and how it impinges upon the production and circulation of literary adaptations. (shrink)

This thesis investigates transnational macro-narrative decendancy in violent conflicts and identifies enabling dynamics that facilitate re-framing. To date there has been little focus on processes involved, explicitly narrative descendancy, bridging, resonance building, or grafting, representing a critical knowledge gap. -/- This thesis reviews relevant literature on constructivism and rational choice theory and tests the findings against an empirical case study in Central Sulawesi. The findings demonstrate a mixture of approaches is present, though this is likely due to a range (...) of dynamics unique to the conflict. The results have high relevance to policy makers and academics across security and conflict disciplines. (shrink)

Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has (...) been to strengthened state capacities of public power and law against the encroachment of private interests into the state. In spite of this continuity considerable changes can however be observed in the substantial economic policies advanced due to the switch from a Keynesian to a monetarist economic paradigm. It is suggested that the debate on constitutional imbalances between the EU’s economic and social constitutions should be seen in this light. (shrink)

In “What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law”, Veronica Rodriguez-Blanco explores the possibility—and opportunity—of the existence of a Rule of Law (from now on, RoL) on a transnational level. The aim of this paper is to briefly discuss some points related to various facets of Rodriguez-Blanco’s proposal: the correct question about the RoL and her particular view of human action (section 2); the type of explanation about (...) rules, standards, regulations and principles (section 3); the definitions of RoL, coercion, and freedom (section 4); the parties of the relevant relationship and the notion of transnational law (section 5); and the structure of relevant relationships in national and transnational contexts (section 6). I will try, on the one hand, to show how these points could appear quite problematic and thus seem to undermine the integrity of Rodriguez-Blanco’s proposal, and on the other hand, to offer some suggestions as to how these problems could be solved to strengthen her proposal. With these comments, I will also try to indicate what I think are the most important points that should be considered in any sound discourse or proposal on these subjects. I will then conclude with some final remarks (section 7). (shrink)

Third World and transnational feminisms have emerged in opposition to white second-wave feminists’ single-pronged analyses of gender oppression that elided Third World women’s multiple and complex oppressions in their various social locations. Consequently, these feminisms share two “Third World feminist” mandates: First, feminist analyses of Third World women’s oppression and resistance should be historically situated; and second, Third World women’s agency and voices should be respected. Despite these shared mandates, they have diverged in their proper domains of investigation, with (...) transnational feminism concentrating on the transnational level and Third World feminism focusing on local and national contexts. Further, their respective positions regarding nation-states and nationalism have been antithetical, as leading transnational feminists have categorically rejected nation-states and nationalism as detrimental to feminism. In recent decades, transnational feminism has become the dominant feminist position on Third World women, overshadowing Third World feminism, and the dismissal of nation-states and nationalism as irrelevant to feminism has become fashionable. Against this current trend, this article argues for the relevance of nation-states and nationalism for transnational feminism and the urgency of reclaiming Third World feminism. (shrink)

This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines (...) the relationship between the scale of activity of transnational corporations and their legal status within the framework of both single countries and entire economic communities, the individual subjects of law of which are transnational corporations. The practical significance of this study lies in the possibility of identifying and stating key aspects that play a significant role in assessing the practical activities of transnational corporations in the context of existing legal law with the ability to use the identified patterns in specific legal practice. The results of this study can be of significant practical importance for employees in the field of legal support for the activities of transnational-scale corporations, who are faced with the need to deeply analyse the legal aspects of the activities of these organisations and provide management of such structures with timely, highquality legal recommendations regarding the correction of the activities of these organisations in the context of the existing legal field. (shrink)

The purpose of the study is to reveal the relationship between the justification of strategic decisions and the increase in efficiency of transnational corporations (TNC). The conceptual bases of the justification of strategic decisions for increasing the efficiency of TNC are suggested, the development of which involves research of the preconditions on which their implementation is based, analysis of the main aspects of TNC's activity and accordance with the principles of justification of strategic decisions, strategic decision-making. The results of (...) the comprehensive diagnostic examination of TNC of leading bearings manufacturers are presented, which revealed the problems of their functioning on the market, changes in the dynamics of performance indicators, differences in the use of opportunities, financial state, strategic positions on the market, the efficiency of made decisions. A model for selecting a decision strategy for TNC is suggested. Practical recommendations of implementing strategic decisions for increasing the efficiency of activity of TNC of leading bearings manufacturers are given. (shrink)

Chinese international students who studied in the United States received “double stigmatization” from American and Chinese authorities because of the “political othering” tactic during COVID-19. The research used a phenomenological approach to examine why and how specifically the transnational identity of Chinese international students in the United States shifted during the double stigmatization. The researcher conducted a total of three rounds of interviews with 15 Chinese international students who studied in the United States and returned to China between 2018 (...) and 2020, which culminated in 45 interviews through a longitudinal study to probe the transnational identities of this population before and during the double stigmatization; the study also examined how the mindsponge mechanism worked during the identity shifts and the interplay among stigmatization, transnational identity shifts, and the mindsponge mechanism. The study concluded that before COVID-19, Chinese international students had been stigmatized in both China and the United States. (shrink)

The Report presents insights which illuminates the intertwinements of European regulatory policies and global governance arrangements. By pinning down the exact nature of the interaction between these two levels, the EU’s dilemma becomes obvious: On the one hand, stronger global governance can be a chance, through which the EU can clarify its own raison d’être of increased integration to the wider world. On the other hand, the design of the European project is being challenged by more assertive global structures. This (...) is especially the case in relation to the WTO regime, which is constraining the decisional autonomy of the EU, regarding the appropriateness of its content and its external effects. Thus, the regulation of services in the EU and the WTO are discussed in the first section of this report. Section two focuses on labour standards, which are analysed from different angles in order to clarify the functions of the WTO and the ILO, multinational companies as well as other private actors within this specific field. The final section deals with the legitimacy problematic of transnational governance. Table of contents: Introduction Christian Joerges and Poul F. Kjaer Section One: Freedom of Services Chapter 1 The Multiple Understandings of Conflict between Trade in Services and Labour Protection Alexia Herwig Chapter 2 Competing in Markets, not Rules: The Conflict over the Single Services Market Susanne K. Schmidt Chapter 3 Competitiveness and Labour Protection: A Comment Markus Krajewski Section Two: Labour Standards Chapter 4 WTO and ILO: Can Social Responsibility be maintained in International Trade? Josef Falke Chapter 5 Reframing RECON: Perspectives on Transnationalisation and Post-national Democracy from Labour Law Claire Methven O’Brien Chapter 6 Transnational Governance and Human Rights: The Obligations of Private Actors in the Global Context Regina Kreide Section Three: The Legitimacy of Transnational Governance Chapter 7 Legitimacy through Precaution in European Regulation of GMOs? From the Standpoint of Governance as Analytical Perspective Maria Weimer Chapter 8 The Justice Deficit of the EU and other International Organisations Jürgen Neyer Chapter 9 Towards Normative Legitimacy of the World Trade Order Alexia Herwig and Thorsten Hüller Chapter 10 From Utopia to Apology – The Return to Inter-state Justice in Normative IR Scholarship: Comments on Neyer and Herwig & Hüller Jens Steffek. (shrink)

The article studies the Norwegian, Finnish and Swedish truth commissions dealing withstate-Sámi (an indigenous population living in northern Scandinavia, Finland and north-western Russia) relations through the concept of transnational historical justice. The fact that three separate commissions are studying the history of the Sámi has been criticized by earlier researchers, but never from the perspective of intergenerational, and more specifically historical justice. Our study of the mandate documents and the report of the Norwegian commission (the only one published in (...) the time of writing of this article) points to constructive ways forward that could acknowledge and better embrace the transnational character of Sámi history, especially in terms of historical justice. We also study in what way the Norwegian commission worked within and stretched the framework set by the mandate document. Our conclusion is that the lack of transna-tionalism in the mandate and work of the commissions leads to historical Sámi individuals and groups being forgotten. These are historical groups and individuals whose existence does not fit in neatly in the presentist perspective of the commissions, projecting the current nation state borders back in time. For this reason, historical justice toward these groups is also a forgotten issue in the mandate and work of the commissions. (shrink)

This study investigates transnational relations and global challenges which the European Industrial Relations have been facing recently. The paper, methodologically, was structured with taking into account both socio- political and judicial arguments. The social theory, and ergo, the practice in Europe were analyzed according to Marxist point of view. Basically, industrial relations and employment relationship were examined from the perspectives of employees, employee representatives and nation-states. The influence of the Charter of Fundamental Rights which is legally binding with the (...) Lisbon Treaty (TFEU) was examined. Likewise, the effectiveness of the acquis communautaire within the EU was argued with respect to the European Social Model; such as, social dialogue, tripartite and bipartite information exchange and consultation, collective bargaining and legal provisions regarding employment conditions and social protection. The importance of Europeanisation and convergence of national industrial relations was illustrated. (shrink)

Ethical issues that arise because of the transcendent power of globally oriented corporate entities vis-a-vis local communities. Common problems arise from plant closings and automation, here illustrated by cases of restructuring in Indiana. Public use limitations on "eminent domain" decisions are considered. Then attention turns to the lack of constraints available to regulate decisions made by a transnational corporation. Limited applicability of Rawls's contract theory is noted, then ten real-world space-time situations are reported that involve legally uncontrolled harm to (...) locals due to supra-community control by a corporation. (shrink)

The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of (...) warfare. International terrorism has not been dealt with in a cohesive fashion. Any international prosecution of terrorism which has been conducted has been either “sectoral” adopting a piecemeal typological approach or has been carried out at the domestic level. -/- A novel approach to the problem, of sub-national actors with transnational reach, was proposed, by attributing certain groups with a new legal personality, that of “Stateless International Entities”, or “SIEs”. Those groups who possess, for all intents and purposes, the same attributes as those of States, could then be judged for their behavior before an international tribunal. Other important topics addressed in this research include an examination of important case law, targeted killing, autonomy, preemption versus prevention, imminence versus intent, the find, fix and finish paradigm, the impact of the media, and the role of the CIA, and finally, the flawed reasoning which adopts technology as a form of strategy. (shrink)

近年来， 围绕与各种超国家发展态势相关的正义问题， 学界展开 了热烈的讨论？ 在这个特殊的主题上， 除了其他同样引人注目的研 究之外， 持续的争论主要受到分析哲学的启发， 在规范性的研究领域 内进行。本文选择了一条受社会学启发的不同路径， 运用社会理论 和法律理论， 反思为何出现了这种关注证立问题的转向。因此． 本文 聚焦作为社会现象的证立和证立的社会实践， 亦即证立活动的实际 展开， 而不是聚焦诉诸正义理论的哲学推理的逻辑一致性。这当然 不是说， 哲学的推理与理解正义无关， 也当然不是说． 哲学与社会学 两种路径存在根本的矛盾。毋宁说， 本文可以被视为对主要运用哲 学推理方法的既有研究的补充， 可能为超国家脉络下的正义问题和 证立问题提供更扎实的理论反思？ .

On 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely responsible for deaths (...) and violations of human rights caused by companies is fruitless. The entity is a vehicle for those actions, it possesses its own, often deep, pockets of finance and resources, and it has a public image. It is more useful to punish the corporate entity, in instances where the corporate behaviour has led to death and human rights abuses, as it is in seeking out individual defendants. Soft law options have not brought about a sufficient reduction in instances of deaths caused by corporate behaviour across jurisdictional borders. This article will argue that the time has now come to establish an international hard law on corporate killing, and for states to ensure that there is a viable path towards a redress for victims and their families along with adopting a duty to assist the victim or their family to pursue redress to ensure a fair balance of power against transnational companies. (shrink)

Union Citizenship as currently implemented in the European Union introduces a distinct concept of citizenship that necessitates an adequate normative approach. The objective of this paper is to assess EU Citizenship against the theoretical background of multilateral democracy. This approach is specifically suited for this task, as it does not rely on a nation-state paradigm or the presumption of a further transformation into a federation or union. We propose three criteria by which to assess multilevel citizenship: equal individual rights, equal (...) sovereignty of peoples and the balancing of individuals' and peoples' interests. We argue that the current practice of Union Citizenship does not fully meet the proposed standards, regarding equal rights within and equal access to, the political system. Based on our assessment, we propose reform options of access to national and supranational citizenship and argue for supranational participation rights and equal transnational rights to gradually re-establish full membership for individuals. (shrink)

Cross-cultural comparisons face several methodological challenges. In an attempt at resolving some such challenges, Nathan Sivin has developed the framework of “cultural manifolds.” This framework includes all the pertinent dimensions of a complex phenomenon and the interactions that make all of these aspects into a single whole. In engaging with this framework, Anna Akasoy illustrates that the phenomena used in comparative approaches to cultural and intellectual history need to be subjected to a continuous change of perspectives. Writing about comparative history, (...) Warwick Anderson directs attention to an articulation between synchronic and diachronic modes of inquiry. In addition, he asks: If comparative studies require a number of collaborators, how does one coordinate the various contributors? And how does one ensure that the comparison is between separate entities, without mutual historical entanglement? Finally, how does comparative history stack up against more dynamic approaches, such as connected, transnational, and postcolonial histories? Gérard Colas, for his part, claims that comparisons cannot allow one to move away from the dominant Euroamerican conceptual framework. Should this indeed be the case, we should search for better ways of facilitating a “mutual pollination” between philosophies. Finally, Edmond Eh first asserts that Sivin fails to recognize the difference between comparisons within cultures and comparisons between cultures. He then argues that the application of generalism is limited to comparisons of historical nature. (shrink)

Transnational, global trades, investments, and travels, amongst other drivers of globalization, helps to reverberate the deadly coronavirus pandemic from Wuhan, China, across the world like whirl fire. In order to contain the infectious spread of the pandemic, and mitigate its negative effects on macro-economic variables, the World Health Organization, (WHO) designed Covid-19 protocols that are being enforced by governments and people of the world. Based on the above account, the study examined the Second wave effect of Covid’19 pandemic on (...) transportation business: Keke-napep and Motorcycle transport systems in Asaba metropolis, Nigeria. The main objective is to empirically determine the real impact of the pandemic on rural land transport business. The study employed structured questionnaire and interview methods to generate data from the 250 respondents selected using the census sampling technique. Out of the 250 sets of questionnaires administered, 235 (94%) were retrieved while 15 (6%) were rejected. The statistical tools used for analyzing data were correlation and multiple regression techniques. Findings were that covid’19 pandemic negatively affected rural land transport business. The study concludes that, the coronavirus pandemic caused a contraction in transport business. It is therefore recommended that, there is a need for government to relax the stringent covid’19 protocols to allow economic activities to resume again. Campaigns on safety and hygiene should be intensified so that the populace will imbibe the culture of general cleanliness and personal hygiene, amongst others. (shrink)

Recent decades of women's rights advocacy have produced numerous regional and international agreements for protecting women's security, including a UN convention that affirms the state's responsibility to protect key gender-specific rights, with no exceptions on the basis of culture or religion. At the same time, however, the focus on universal women's rights has enabled influential feminists in the United States to view women's rights in opposition to culture, and most often in opposition to other people's cultures. Not surprisingly, then, feminists (...) across the global South have criticized the universal-women's-rights agenda. This article reviews representative critical responses to universal-women's-rights advocacy. The author argues that, taken collectively, these critical responses do not reject the possibility of cross-cultural feminist advocacy but they do suggest the need for feminists in the United States and Europe to focus less on transferring rights across the obstacles of culture and more on how they can revise and expand their own understanding of women's rights in response to the struggles of other women, many of whom view women's rights as organic to their own cultures and as connected to broader social struggles. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of (...) cultural perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

Architectural research forms the basis of design in seeking a solution that considers the site’s sociopolitical and spatial-cultural factors and the built environment surrounding it. In addressing industrial heritage, industrial revolutions, energy transitions, and technological innovation uniquely shape the city. The transformation and new discourse between similar heritage and different sites allow for a combination of ideas with transnational and interdisciplinary depth, bolstering individual designs through a developed perspective on industrial architecture. This studio addresses the socio-political and spatial-cultural challenges (...) of post-industrial cities. This article uses a critical, comparative, and analytical problem-based design research approach to examine collaborative pedagogical practices that can build a new image and identity through adaptive reuse strategies in the post-industrial urbanscape. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist (...) Class as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

This paper adopts a transnational approach to a global issue. I bring together two different traditions—Derridean deconstruction and Buddhism--to address world conflicts as well as intra- and inter-national calls for apology in the global age. Derrida and Buddhism are brought together for good reasons. The “cosmos” underpins both kinds of praxis. The kosmos-polis is the context which prompts Derrida to interrogate forgiveness anew; Buddhism has telling insights to offer on the cosmic effects of karma which could help move us (...) beyond global conflicts. Both deconstruction and Buddhism are radically anti-essentialist; both destabilize concepts of “self” and substance; both push aporetic thinking to the extreme where language, concepts, and ontology deconstruct themselves. Both seem to hold out new alternatives for world peace where existing “institutions of forgiveness” have failed. My examination of these similarities however, are linked up with my analyses of their critical differences. Central to the divergence I demonstrate between Derrida and Buddhism is how the two tackle the Abgrund of forgiveness. Derrida rethinks forgiveness in the groundless ground of “forgiving the unforgivable.” In Buddhism, the groundless ground (samsara-nirvana) of forgiveness can be traced to the “forgoing of the self.” One cannot give up one’s claim if one cannot give up (parts of) the self in the first place. In contrast to Derrida’s “impossible but necessary” forgiveness, Buddhism offers a “possible but unnecessary” forgiveness. For Derrida, forgiveness necessitates forgiving the unforgivable. For Buddhism, nothing is unforgivable. By giving up the self, there is no victim, no aggressor, and no sin to forgive in the first place. (shrink)

The political theory of migration has largely occurred within a paradigm of methodological nationalism and this has led to the neglect of morally salient agents and causes. This article draws on research from the social sciences on the transnationalism, globalization and migration systems theory to show how methodological nationalist assumptions have affected the views of political theorists on membership, culture and distributive justice. In particular, it is contended that methodological nationalism has prevented political theorists of migration from addressing the roles (...) of non-state agents and of transnational economic, social and political structures. These agents and structures contribute to the asymmetrical distribution of goods and opportunities and thus have important implications for debates about migration and distributive justice. (shrink)

his article develops a framework for addressing racial ontologies in transnational perspective. In contrast to simple contextualist accounts, it is argued that a globally engaged metaphysics of race needs to address transnational continuities of racial ontologies. In contrast to unificationist accounts that aim for one globally unified ontology, it is argued that questions about the nature and reality of race do not always have the same answers across national contexts. In order address racial ontologies in global perspective, the (...) article develops a framework that accounts for both continuities and discontinuities by looking beyond the referents of narrowly defined core concepts. By shifting the focus from narrow concepts to richer conceptions of race, racial ontologies become comparable through globally related but nonetheless distinct mappings between conceptions and property relations. The article concludes by showing how this framework can generate novel insights in case studies from Asia, Europe, and Latin America. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...) validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

En «What Makes a Transnational Rule of Law? Understanding the Logos and Values of Human Action in Transnational Law», Verónica Rodríguez-Blanco explora la posibilidad –y oportunidad– de la existencia de un Rule of Law (en adelante, ROL) a nivel transnacional. El objetivo de este trabajo es discutir brevemente algunos puntos relativos a diferentes facetas de la propuesta de Rodríguez-Blanco: la pregunta correcta acerca del ROL y su visión particular acerca de la acción humana (sección 2); el tipo de (...) explicación acerca de las reglas, estándares, reglamentos y principios (sección 3); las definiciones de ROL, coerción, y libertad (sección 4); las partes de la relación relevante y la noción de derecho transnacional (sección 5), y la estructura de las relaciones relevantes en contextos nacionales y transnacionales (sección 6). Intentaré, por una parte, mostrar cómo estos puntos pueden presentarse como relativamente problemáticos y por tanto debilitar la integridad de la propuesta de Rodriguez-Blanco; y, por otra parte, ofrecer algunas alternativas acerca de cómo estos problemas podrían ser resueltos para fortalecerla. A través de esos comentarios intentaré también mostrar cuáles serían, en mi opinión, los puntos importantes a considerar para cualquier discurso o propuesta sólida relacionada con éstos. Finalmente, concluiré con algunos comentarios finales (sección 7). (shrink)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

Elsewhere we have responded to the so-called demandingness objection to consequentialism – that consequentialism is excessively demanding and is therefore unacceptable as a moral theory – by introducing the theoretical position we call institutional consequentialism. This is a consequentialist view that, however, requires institutional systems, and not individuals, to follow the consequentialist principle. In this paper, we first introduce and explain the theory of institutional consequentialism and the main reasons that support it. In the remainder of the paper, we turn (...) to the global dimension where the first and foremost challenge is to explain how institutional consequentialism can deal with unsolved global problems such as poverty, war and climate change. In response, following the general idea of institutional consequentialism, we draw up three alternative routes: relying on existing national, transnational and supranational institutions; promoting gradual institutional reform; and advocating radical changes to the status quo. We evaluate these routes by describing normatively relevant properties of the existing global institutional system, as well as by showing what institutional consequentialism can say about alternatives to it: a world government; and multi-layered sovereignty/neo-medieval system. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

One of the most influential recent developments in supposedly radical philosophy is ‘posthumanism’. This can be seen as the successor to ‘deconstructive postmodernism’. In each case, the claim of its proponents has been that cultures are oppressive by virtue of their elitism, and this elitism, fostered by the humanities, is being challenged. In each case, however, these philosophical ideas have served ruling elites by crippling opposition to their efforts to impose markets, concentrate wealth and power and treat everyone and everything (...) as mere instruments in a way that is not only undermining democracy and threatening economic, social and political stability through growing inequality, but is crippling efforts to deal with the global ecological crisis. Philosophers, Nietzsche claimed, are physicians of culture. Why should people claiming to be philosophers, or at least aligned with philosophers, subvert their own calling? In this paper I will suggest that with the expansion of education and the rise of neoliberalism, those involved in education and research, particularly in the humanities and social sciences, have been proletarianized, and most have accepted this proletarianization. They have been reduced to a fraction of the proletariat - wage-slaves without economic security and therefore dependent on the will of others on whom they are dependent. They are not ordinary wage-slaves, however, but wage-house-slaves, having salaries rather than wages. If, as Marx argued, social being determines consciousness, posthumanism can be understood as the expression of ressentiment of these house-slaves at their condition while simultaneously serving to affirm their superiority to field-slaves while serving their masters. Their work is supported because it provides ideological cover for their masters, the new transnational managerial class or corporatocracy as they expand their power through information technology, while absolving this corporatocracy from responsibility for the consequences of their growing power. In making this claim I will argue that the real target of deconstructionists and posthumanists, although this is now seldom appreciated, has been the humanism of the New Left, a revival of the Radical Enlightenment inspired by Renaissance civic humanism and the German Renaissance. (shrink)

This chapter examines global policing as it takes shape through the work of Interpol, the International Criminal Police Organization. Global policing emerges in the legal, political and technological amalgam through which transnational police cooperation is carried out, and includes the police practices inflected and made possible by this phenomenon. Interpol’s role is predominantly in the circulation of information, through which it enters into relationships and provides services that affect aspects of governance, from the local to national, regional and global. (...) The chapter describes this assemblage as a noteworthy experiment in developing what McKeon called a frame for common action. Drawing on Interpol publications, news stories, interviews with staff, and fieldwork at the General Secretariat in Lyon, France, the history, institutional structure, and daily practices are described. Three cases are analyzed, concerning Red Notices, national sovereignty, and terrorism, in order to explore some of the problems arising in Interpol’s political and technical operating arrangements. In conclusion, international and global policing are compared schematically, together with Interpol’s attempts to give institutional and procedural direction to the still-evolving form of global policing. (shrink)

Greatly aided by an information age in which protesting laborers in a remote offshore outpost can capture front page headlines around the globe, theSarbanes-Oxley Act of 2002 (SARBOX) has made corporate transparency the linchpin for good corporate governance. Under a SARBOX-enhancedregulatory framework, publicly traded corporations are required to rapidly disclose material changes in their financial conditions or operations—changes such as impairments to goodwill, a trademark, or some other intangible corporate asset. Especially challenging for multinational corporations (MNCs) with far-flung corporate empires (...) is the need to stay abreast of the ebb and flow of goodwill, at a time when transnational human rights groups are aggressively mobilizing world opinion against the sweatshop labor conditions that abound at the offshore production sites favored by MNCs. The author explains why the convergence of a digital age of free-flowing information and the advent of SARBOX, a legislative enactment of paraenetic design, is causing the boards of MNCs to more critically evaluate the long-term costs of their offshore operations. (shrink)

The objective of this article is to deepen our understanding of transformative engagement in comparative and critical dialogues of comparative or transnational political thought. The first five sections discuss the challenges of dialogical comparative political thought. The following three sections discuss how a dialogue approach responds to these challenges and generates comparative and critical mutual understanding and mutual judgment.

The curriculum design, faculty characteristics, and experience of implementing masters' level international research ethics training programs supported by the Fogarty International Center was investigated. Multiple pedagogical approaches were employed to adapt to the learning needs of the trainees. While no generally agreed set of core competencies exists for advanced research ethics training, more than 75% of the curricula examined included international issues in research ethics, responsible conduct of research, human rights, philosophical foundations of research ethics, and research regulation and ethical (...) review process. Common skills taught included critical thinking, research methodology and statistics, writing, and presentation proficiency. Curricula also addressed the cultural, social, and religious context of the trainees related to research ethics. Programs surveyed noted trainee interest in Western concepts of research ethics and the value of the transnational exchange of ideas. Similar faculty expertise profiles existed in all programs. Approximately 40% of faculty were female. Collaboration between faculty from low- and middleincome countries (LMICs) and high-income countries (HICs) occurred in most programs and at least 50% of HIC faculty had previous LMIC experience. This paper is part of a collection of papers analyzing the Fogarty International Research Ethics Education and Curriculum Development program. (shrink)

The oil industry has played a significant role in the economy of modern Iran and Malaysia, especially as a source of transnational exchange and as a substantial factor in industrial and urban development. During the previous century, the arrival of oil companies in the Persian Gulf brought many changes to the physical built environment and accelerated the urbanization process in the port cities. Similarly, the development of the national oil industry had a considerable impact on post-independence Malaysia, affecting balance (...) sheets, the environment, and society. Oil significantly changed Malaysia’s position in the global economy and transformed a predominantly agricultural country into a significant producer of petroleum and natural gas. This paper implements the analytical, historical, and comparative perspectives. Specifically, it focuses on the legacy of oil cities in the Persian Gulf and the South China Sea as the birthplaces of the oil industry in two regions. In both countries, geopolitical importance and oil’s cultural, social, and historical narratives have the potential to represent national unity, political memory, and collective identity. In proposing this grounding, the paper seeks to approach the oil heritage as a particular form of industrial heritage. This research analyses the future of energy heritage, existing Covid-related challenges, and political tensions and examines the various impacts, transitions, and capacities associated with the current international relations, post-pandemic urban developments, and the post-oil future to pave the way for these developing areas of industrial heritage and oil heritage in Iran and Malaysia. (shrink)

The transformation of universities from public institutions to transnational business enterprises has met with less resistance in Australia than elsewhere. Yet this transformation undermines the founding principles of Australian democracy. This democracy emerged in opposition to the classical form of free market liberalism that the neo-liberals have revived. The logical unfolding of social liberalism in Australia underpinned the development of both the system of wage fixing and the idea of public education as conditions for democracy. The lack of resistance (...) to the destruction of democracy, as it was originally understood in Australia, by successive neoliberal governments has been due largely to the decadent state of Australian universities. These had come to be dominated by a crude form of empiricist utilitarianism, making Australia peculiarly vulnerable to the ideologues of global free markets and the power of transnational corporations who have sought to transform language to equate the dominance of all facets of life by markets as a defence of democracy. Only through a recovery of the philosophical tradition upon which Australia was founded and the development of this tradition through process metaphysics, it is argued, can genuine democracy and Australia’s public institutions, be defended. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In this (...) article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

In recent years, the international commons movement has increasingly joined forces with the global movement of municipalities, putting common ideas on the political agenda in many western countries. Commons have been widely discussed in literature. Broadly understood, commons refers to the practices for collective development, ownership, management, and fair access to resources and artifacts (social, cultural, economic, political, environmental, and technological). However, the concept remains vague, complex, and unclear, especially when it comes to different contexts in which new definitions are (...) needed to better understand the societal and cultural dimensions of urban commons. Decolonizing the notion of urban commons brings into visibility the unseen cultures, infrastructural systems, and communities showing where de-growth and separation can take place. Therefore, this analysis can provide new insights, opportunities, and the need for new theoretical, methodological, and shared approaches. There is a gap in transnational research and cultural understanding within the field of urban commons. This research opens new lines of inquiry relating to the definitions of commons in non-European countries. This may include longitudinal research on the decolonization and potential fragmenting of the commons and in particular 'commoning' mindset, more detailed empirical evidence of the cultural and communal concepts, and how these cultural diversities and new interpretations can be implemented in collaborative governance in a wider variety of non-western contexts. By challenging existing frameworks, this study facilitates the emergence of differentiated, dynamic, and non-linear forms of social and political subjectivity within various sociospatial domains. (shrink)

In 1947, the U.S. Secretary of State, George C. Marshall announced that the USA would provide development aid to help the recovery and reconstruction of the economies of Europe, which was widely known as the ‘Marshall Plan’. In Italy, this plan generated a resurgence of modern industrialization and remodeled Italian Industry based on American models of production. As the result of these transnational transfers, the systemic approach known as Fordism largely succeeded and allowed some Italian firms such as Fiat (...) to flourish. During this period, Detroit and Turin, homes to the most powerful automobile corporations of the twentieth century, became intertwined in a web of common features such as industrial concentration, mass flows of immigrations, uneven urban sprawl, radical iconography and inner-city decay, which characterized Fordism in both cities. In the crucial decades of the postwar expansion of the automobile industries, both cities were hubs of labor battles and social movements. However, after the radical decline in their industries as previous auto cities, they experienced the radical shift toward post-Fordist urbanization and production of political urbanism. This research responds to the recent interest for a comparative (re)turn in urban studies by suggesting the conceptual theoretical baseline for the proposed comparative framework in post-Fordist cities. In better words, it develops a “theory” on the challenges of comparative urbanism in post-Fordist cities. (shrink)

The volume provides an updated perspective on international aspects of various developments in media and culture. It includes discussions on how the digital environment contributes to the transformation and re-interpretation of existing phenomena, such as violence-on-demand in online movies, the internet appeal of virtual gangsta rappers, or the revived battle rap tradition, which operates outside the commercial limitations of the music industry and generates more views on social media than most recording artists. -/- The book offers a new consideration of (...) long-term trends and developments, and demonstrates in various examples how formerly marginal practices like gaming or the previously shunned Turkish movie industry have turned into influential tools of social change. In addition, the reciprocity of media content and political settings is underlined in a focus on the Arab world and the reconstruction of impulses from transnational media outlets to recent forms of citizen journalism, as well as in the case of governments’ approaches to media policy in response to the COVID-19 pandemic. The book places the spotlight on pressing issues, such as the ongoing enforcement of information control in the name of public health or the local politics and practices that hinder the process of democratization in authoritarian systems. -/- . (shrink)