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)

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)

Regulatory governance frameworks have become essential building blocks of world society. From supply chains to the regimes surrounding international organizations, extensive governance frameworks have emerged which structure and channel a variety of social exchanges, including economic, political, legal and cultural, on a global scale. Against this background, this special issue sets out to explore the multifaceted meaning, potential and impact as well as the social praxis of regulatory governance. Under the notions rules, resistance and responsibility the special (...) issue pins out three overall dimensions of regulation and governance thereby providing a theoretical and conceptual framework for grasping the phenomenon of regulatory governance. This is combined with extensive case studies on a number of regulatory governance settings ranging from the World Bank to agricultural reforms carried by the International Transitional Administrations (ITAs) in Kosovo and Iraq as well as global supply chains and their impact on the garment industry in Bangladesh. (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)

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？ .

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

Artificial intelligence has arrived. In the online world it is already a part of everyday life, sitting invisibly behind a wide range of search engines and online commerce sites. It offers huge potential to enable more efficient and effective business and government but the use of artificial intelligence brings with it important questions about governance, accountability and ethics. Realising the full potential of artificial intelligence and avoiding possible adverse consequences requires societies to find satisfactory answers to these questions. This (...) report sets out some possible approaches, and describes some of the ways government is already engaging with these issues. (shrink)

The recent global surge in large-scale foreign land acquisitions marks a radical transformation of the global economic and political landscape. Since land that attracts capital often becomes the site of expulsions and displacement, it also leads to new forms of migration. In this paper, I explore this connection from the perspective of a political philosopher. I argue that changes in global land governance unsettle the congruence of political community and bounded territory that we often take for granted. As a (...) case study, I discuss the European Union’s Renewable Energy Directive as a significant driver of foreign land acquisitions. Using its global power, the European Union (EU) is effectively governing land far outside of its international borders and with it the people who live on this land or are expelled from it. As a result, EU citizens ought to consider such people fellow members of their political community. This has implications for normative debates about immigration and, in particular, for arguments that appeal to collective self-determination to justify a right of political communities to exclude newcomers. The political community to which EU citizens belong reaches far beyond the EU’s official borders. (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)

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)

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)

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)

This article asks how the costs and benefits of operating a monetary union should be distributed amongst its more and less competitive members, taking as an example the operation of the European Monetary Union (EMU or Eurozone). Drawing on existing domestic and transnational justice debates, I resist both a purely procedural and a purely distributive view. The former assumes treaties against a fair background can make any distribution fair and disregards how individual citizens are likely to fare depending on (...) how a monetary union is organized. The latter requires justice amongst Eurozone co-citizens, neglecting the value of member states’ choices and attitudes towards risk. Instead, I defend a view of the EMU as an association of free self-determining states. I also argue that a variety of factors are relevant to this problem, including the need to protect less competitive states from ‘domination,’ or inappropriate forms of control by their co-members, and to protect citizens from various forms of deprivation even if their own governments are willing to expose them to the relevant risks. (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 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)

Contemporary post-aesthetic art implies an expanded concept of the work of art that also includes political functions. Beuys’s concept of social sculpture and Marcuse’s idea of society as a work of art can be complemented by Abreu’s project of a musical orchestra as a social ideal and the Neue Slowenische Kunst transnational state formed from the core of art. These concepts are close to the views of Hakim Bey, with D’Annunzio also touching upon them with his State of Fiume, (...) for which he wrote the constitution and defined music as its central governing principle. Although the art state is a utopian project, art can serve a variety of emancipatory functions even in the dystopian present to intervene in and change the political. In this article, we also discuss the case of art activism in Slovenia, where culture has become a central part of civil society oriented towards social change. Art activism contributes to an expanded concept of the political, which includes new subjects and new forms of antagonisms. Likewise, such repurposing of art emphasises its role in research. (shrink)

In response to the Covid pandemic the Norwegian government put in place the strictest border closures in Norwegian modern history, restricting entry to most foreign nationals. The Prime Minister, Erna Solberg, justified these restrictions with reference to the rise of new Covid variants, and the need to limit visitors to Norway as much as possible. In this paper we critically examine both the justification given for the border closure, and explore the possible adverse effects this closure might bring about. We (...) argue that the recent closures are not morally justified, that they place an unjust burden on transnational citizens and Norwegians with close relations abroad, and that such border closures can have severe impacts for many individuals, on Norway’s international standing and on social cohesion. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes states primary bearers (...) of human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (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)

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)

This article identify catalysts of synthetic economic crisis. These catalysts are the subject of transnational corporations, international financial, trade organizations, regional integration groupings. Generalized mechanism for the flow of synthetic economic crisis and their types. This article also proves that the response of governments to the process flow of synthetic economic crisis with the help of the classical fiscal, monetary and administrative-legislative instruments are not effective.

The article deals with a pivotal conceptual distinction employed in philosophical discussions about global justice. Cosmopolitans claim that arguing from the perspective of moral cosmopolitanism does not necessarily entail defending a global coercive political authority, or a "world-state", and suggest that ambitious political and economic (social) goals implied in moral cosmopolitanism may be achieved via some kind of non-hierarchical, dispersed and/or decentralised institutional arrangements. I argue that insofar as moral cosmopolitans retain "strong" moral claims, this is an untenable position, and (...) that the goals of cosmopolitan justice, as explicated by its major proponents, require nothing less than a global state-like entity with coercive powers. My background ambition is to supplement some existing works questioning the notion of "governance without government" with an argument that goes right to the conceptual heart of cosmopolitan thought. To embed my central theoretical argument in real-world developments, I draw on some recent scholarship regarding the nature of international organizations, European Union, or transnational democratization. Finally I suggest that only after curbing moral aspirations in the first place can a more self-consciously moderate position be constructed, one that will carry practical and feasible implications for institutional design. (shrink)

The thrust of this paper is to assess the efficacy of establishing African Global Media channel to strike a balance in communication between Africa and the rest of the world. This paper is a reaction to the imbalance in communication flow as engineered by the global media. Global media has contributed greatly to cultural domination in Africa by Europe and the Western world. These channels of communication such as), Cable News Network (CNN), British Broadcasting Corporation (BBQ, DeutseWelle Television (DWTV) including (...) a host of other transnational print media, transmit programmes with cultural values from Europe and America to Africa. Consequently local African media and their attempts to preserve African culture are frustrated. This paper therefore recommends African governments' committed investment in local industrialization, re-structuring information and communication industries to serve African developmental purposes and the establishment of a unified African Global Media Channels. (shrink)

The thrust of this paper is to access the efficacy of establishing African Global Media channel to strike a balance in communication between Africa and the rest of the world. This paper is a reaction to the imbalance in communication flow as engineered by the global media. Global media has contributed greatly to cultural domination in Africa by Europe and the Western World. These channels of communication such as, Cable News Network (CNN), British Broadcasting Corporation (BBC), Deutse Welle Television (DWTV) (...) including a host of other transnational print media, transmit programmes with cultural values from Europe and America to Africa. Consequently local African media and their attempts to preserve African Culture are frustrated. This paper therefore recommends African governments' committed investment in local industrialization, restructuring information and communication industries to serve African development purposes and the establishment of a unified African Global Media Channels. (shrink)

The paper aims at rethinking the traditional understanding of commercial law, and tentatively provides its cosmopolitan concept under the backdrop of extended commercial exchange and corresponding development of the transnational trade laws. Given the influence of legal positivism over the source of law debate, the commercial law would be defined in a relatively narrower focus, which principally presumes the sovereign nature of legal community. The phenomenon and interactive reality in this global sphere through the mid-20th century and new millennium (...) have driven us to experience new ways of dealings, sometimes blurring or otherwise encroaching upon a conventional discourse about the true nature of laws. In one way of efforts to accommodate such new phenomena, the author likes to present a possibility of more systemic, comprehensive, reality-oriented construction of commercial law concept concerning the current wave of legal pluralism. It became increasingly pervasive in our daily experiences that the norms of various nature have a potential to govern the commercial relationship. These norms, unlike the traditional state laws, are observed to poses a distinctive feature requiring a coherent understanding among another. This conceptual work also could mater with the traditional concept of sovereignty-driven commercial law. The paper will begin with the theoretical essence of legal positivism propounded by Hart and Raz. Particularly, the five strands of legal system would provide the basis of analysis, and could be compared to the narrative of legal positivists. For the purpose of this thesis, they would be contested to favor the strengths of cosmopolitan concept of commercial law. For an illustration,the author would argue that the shared agency element as well as recognition process of norms can give us more genuine understanding of the commercial law and practices. In this way, the author discuses and proposes a new concept focusing on the contemporary commercial law. Finally, he pointed out the critical needs of this kind of definitional work notwithstanding the legal plane or global diversity. In many ways, the paper would be found tentative, epitomizing, less exhaustive as trade-offs for a comprehensive build-up. The author also regrets to curtail much potentials of opposing arguments against the cosmopolitan understanding of commercial law. It is hoped that this work would later be developed, which could be realized by the complimentary as well as critical followers. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of (...) time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

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)

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)

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)

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)

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)

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)

I distinguish between two different ways in which the wavefunction might play a role in explaining the behavior of quantum systems and argue that a satisfactory account of quantum ontology will make it possible for the wavefunction to explain the behavior of quantum systems in both of these way. I then show how this constraint has the potential to impact two quite different accounts of quantum ontology.

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)

This paper argues that attempts to apply Alasdair MacIntyre’s positive moral theory to business ethics are problematic, due to the cognitive closure of MacIntyre’s concept of a practice. I begin by outlining the notion of a practice, before turning to Moore’s attempt to provide a MacIntyrean account of corporate governance. I argue that Moore’s attempt is mismatched with MacIntyre’s account of moral education. Because the notion of practices resists general application I go on to argue that a negative application, (...) which focuses on regulation, is more plausible. Large-scale regulation, usually thought antithetical to MacIntyre’s advocacy of small-scale politics, has the potential to facilitate practice-based work and reveals that MacIntyre’s own work can be used against his pessimism about the modern order. Furthermore, the conception of regulation I defend can show us how management is more amenable to ethical understanding than MacIntyre’s work is often taken to imply. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a highly (...) plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

Worsening energy crises and the growing effects of climate change have spurred, among other things, concerted efforts to tackle global problems through what the United Nations calls Sustainable Development Goals (SDGs). These are in turn argued to be best achieved via the adoption of environmental, social, and corporate governance (ESG) as the vehicle for guiding our efforts. However, though these things are often presented as the solution to global issues, they are increasingly being used as a means to centralize (...) power and exacerbate growing authoritarian trends. This article aims to demonstrate how the narratives surrounding ESG mask this reality, taking as a solution one of the foundational causes of global wealth and power disparity. (shrink)

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) (...) in Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (shrink)

Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. In (...) this paper, I identify one necessary condition as well as a set of sufficient conditions for the permissible use of random assignment by government agencies. I argue first that random assignment is permissible only if it is consistent with governments’ duty to realize morally important outcomes. I argue second that random assignment is permissible in cases where investigators are in a state of genuine equipoise regarding all arms of the experiment and the policy to which people have a claim of justice. Finally, I defend a set of conditions under which random assignment is permissible in cases where one or more arms of a policy RCT are reasonably expected to be either superior or inferior to this policy. (shrink)

The paper develops two objections to Michael Bratman’s self-governance approach to the normativity of rational requirements. Bratman, drawing upon work by Harry Frankfurt, argues that having a place where one stands is a necessary, constitutive element of self-governance, and that violations of the consistency and coherence requirements on intentions make one lack a place where one stands. This allows for reasons of self-governance to ground reasons to comply with these rational requirements, thereby vindicating the normativity of rationality. (...) The first objection is that the account under-generates reasons, since not all cases of incoherence will involve a failure to have a place where one stands. The second objection is that the account over-generates reasons: we would have strong reasons to avoid both incoherence and ambivalence. However, if we follow Frankfurt in thinking that ambivalence is a “disease of the will” that is as irrational as having contradictory beliefs, this second objection doesn’t get off the ground. Thus, the first part of the paper is devoted to explaining why Frankfurt’s argument for the irrationality of ambivalence fails. (shrink)

Shortened and mildly revised version of an essay that initially appeared in Murove (ed.) African Ethics (2009). This chapter is a work of applied ethics that aims to provide a convincing comprehensive account of how a government official in a post-independence sub-Saharan country should make decisions about how to allocate goods such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients, or might it be appropriate to consider, for (...) example, family membership, party affiliation, race, or revolutionary stature as reasons to benefit certain individuals at some cost to the public? Which of these factors should be considered an unjust or corrupt basis on which to allocate state goods and which should not? Drawing on an African ethic, this chapter answers these questions with what it calls a “moderate partialism,” according to which a government agent may rightly favor at some cost to the public veterans and victims of state injustices, but not those in her family or party. This chapter seeks to provide a new, unified explanation of why characteristically sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who suffered from or struggled against colonialism, but forbid other, nepotist or prebendalist forms of partiality. (shrink)

Cécile Laborde has argued that the freedom we think of as ‘freedom of religion’ should be understood as a bundle of separate and relatively independent freedoms. I criticise that approach by pointing out that it is insufficiently sensitive to facts about the sorts of entities that liberal states are. I argue that states have good reasons to mould phenomena such as religion into easily governable monoliths. If this is a problem from the normative point of view, it is not due (...) to descriptively inadequate accounts of religion, but a problem with a lack of realism about the sort of institutions states are. My conclusion is a three-way disjunction: either one must reckon with liberal states’ historically determined limitations in the management of changing social phenomena, or one should direct one’s frustration at the marriage of liberalism and the state, or the very existence of states is normatively problematic. (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)

Regulation by design (RBD) is a growing research field that explores, develops, and criticises the regulative function of design. In this article, we provide a qualitative thematic synthesis of the existing literature. The aim is to explore and analyse RBD's core features, practices, limitations, and related governance implications. To fulfil this aim, we examine the extant literature on RBD in the context of digital technologies. We start by identifying and structuring the core features of RBD, namely the goals, regulators, (...) regulatees, methods, and technologies. Building on that structure, we distinguish between three types of RBD practices: compliance by design, value creation by design, and optimisation by design. We then explore the challenges and limitations of RBD practices, which stem from risks associated with compliance by design, contextual limitations, or methodological uncertainty. Finally, we examine the governance implications of RBD and outline possible future directions of the research field and its practices. (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)

What is wrong with government whistleblowing and when can it be justified? In my view, ‘government whistleblowing’, i.e., the unauthorized acquisition and disclosure of classified information about the state or government, is a form of ‘political vigilantism’, which involves transgressing the boundaries around state secrets, for the purpose of challenging the allocation or use of power. It may nonetheless be justified when it is suitably constrained and exposes some information that the public ought to know and deliberate about. Government whistleblowing (...) should then be viewed, along the lines of civil disobedience, as a collective cognition- and legitimacy-enhancing device. (shrink)

There is a long-running debate as to whether privacy is a matter of control or access. This has become more important following revelations made by Edward Snowden in 2013 regarding the collection of vast swathes of data from the Internet by signals intelligence agencies such as NSA and GCHQ. The nature of this collection is such that if the control account is correct then there has been a significant invasion of people's privacy. If, though, the access account is correct then (...) there has not been an invasion of privacy on the scale suggested by the control account. I argue that the control account of privacy is mistaken. However, the consequences of this are not that the seizing control of personal information is unproblematic. I argue that the control account, while mistaken, seems plausible for two reasons. The first is that a loss of control over my information entails harm to the rights and interests that privacy protects. The second is that a loss of control over my information increases the risk that my information will be accessed and that my privacy will be violated. Seizing control of another's information is therefore harmful, even though it may not entail a violation of privacy. Indeed, seizing control of another's information may be more harmful than actually violating their privacy. (shrink)

At the heart of Kant’s legal-political philosophy lies a liberal, republican ideal of justice understood in terms of private independence (non-domination) and subjection to public laws securing freedom for all citizens as equals. Given this basic commitment of Kant’s, it is puzzling to many that he does not consider democracy a minimal condition on a legitimate state. In addition, many find Kant ideas of reform or improvement of the historical states we have inherited vague and confusing. The aim of this (...) paper is to untangle both puzzles by exploring Kant’s idea of self-governance. I argue that Kant’s idea of self-governance gives us a very good starting point for thinking about how to leave room for a variety of political systems—different ideals—that have grown out of and responding to different contingent historical and cultural circumstances. It also helps us identify those areas where we want to take extra care to build in safeguards to secure stability and to take sufficiently seriously humankind’s truly nasty sides. (shrink)