Over the past decade, discussion has flourished among practitioners and academics regarding workers’ rights in developing countries. The lack of enforcement of national labour laws and the limited protection of workers’ rights in developing countries have led workers’ rights representatives to attempt to establish transnational industrial relations systems to complement existing national systems. In practice, these attempts have mainly been operationalised in unilateral codes of conduct; recently, however, negotiated international framework agreements (IFAs) have been proposed as an alternative. (...) Despite their growing importance, few studies have empirically studied IFAs. This paper starts to fill this gap by studying why corporations adopt IFAs, based on a qualitative study of the process leading to the signing of a recent IFA. The study’s findings complement existing research into why corporations adopt IFAs, codes of conduct, and CSR policies by demonstrating that corporate motives can be linked to a desire to retain a trusting relationship with the labour union movement. In addition, the findings indicate that the discrete campaign model of stakeholder pressure dominant in previous research should be complemented by a continuous bargaining model of stakeholder pressure. The paper concludes by discussing differences between these conceptual models of stakeholder pressure and avenues for future research. (shrink)

International framework agreements represent a new generation of transnational agreements between multinational companies and global trade union federations. This paper analyzes the impact of such an agreement on a successful union organizing campaign in Colombia in 2012. We argue that management strategies towards corporate social responsibility and social dialogue influence the impact of IFAs on worker rights. However, this relationship is mediated by the capacity of managers and worker representatives at multiple levels to mobilize their capabilities. The (...) results highlight the importance of institutionalized dialogue between managers and worker representatives, of the dissemination of capabilities across multilevel coordination structures and, most importantly, of their complementarities at various levels. (shrink)

In combining the micropolitics approach in international management, the industrial relations literature and business ethics, this article conceptualizes global framework agreements as an alliance between central CSR managers of transnational corporations and central actors within trade unions to monitor subsidiaries in the implementation of CSR policies. The empirical investigation, based on the qualitative analysis of ten French multinational companies, confirms the relevance of such a conceptualization. It particularly shows that central CSR managers hope mobilizing the union network to (...) increase their capacity to supervise subsidiaries. Over there, it helps understanding concrete mechanisms adopted to implement global framework agreements since, in some of the studied cases, the managerial and union channels are coordinated precisely to strengthen this capacity. It, then, highlights the procedural nature of policies regarding global framework agreements. Overall, this paper examines the conditions necessary for mobilization of the union network and suggests avenues for future research. (shrink)

The progress of electronic health technologies and biobanks holds enormous promise for efficient research. Evidence shows that studies based on sharing and secondary use of data/samples have the potential to significantly advance medical knowledge. However, sharing of such resources for international collaboration is hampered by the lack of clarity about ethical and legal requirements for transfer of data and samples across international borders. Here, the International Clinical Trial Center Network reports the legal and ethical requirements governing data (...) and sample exchange across four continents. The most recurring requirement is ethical approval, whereas only in specific conditions approval of national health authorities is required. Informed consent is not required in all sharing situations. However, waiver of informed consent is only allowed in certain countries/regions and under certain circumstances. The current legal and ethical landscape appears to be very complex and under constant evolution. Regulations differ between countries/regions and are often incomplete, leading to uncertainty. With this work, ICN illuminates the unmet need for a single international collaborative framework to facilitate DSE. Harmonising requirements for global DSE will reduce inefficiency and waste in research. There are many challenges to realising this ambitious vision, including inconsistent terminology and definitions, and heterogeneous and dynamic legal constraints. Here, we identify areas of agreement and significant difference as a necessary first step towards facilitating international collaboration. We propose the establishment of a working group to continue the comparison across jurisdictions, create a standardised glossary and define a set of basic principles and fundamental requirements for DSE. (shrink)

On October 6, 2015, in Schrems v. Data Protection Commissioner, the European Court of Justice, the European Union's highest court, held that the fifteen-year-old Safe Harbor Framework Agreement with the United States was invalid. Under the agreement, about forty-five hundred American companies each year self-certified to the U.S. Department of Commerce that they were in compliance with the essential privacy protections of the European Union, and therefore it was permissible for entities in the European Union to send (...) personal data to these American companies. According to the court, because some American companies were making the personal data of E.U. citizens available to U.S. government agencies, such as the National Security Agency, the fundamental privacy interests of E.U. citizens were not being protected. As a result of this court decision there has been considerable speculation about what, if any, effect the case has on international collaboration in health research, in particular, the sharing of personal data by E.U. researchers with their U.S. colleagues. (shrink)

Background: Biomedical research nowadays is increasingly carried out in multinational and multicenter settings. Due to disparate national regulations on various ethical aspects, such as informed consent, there is the risk of ethical compromises when involving human subjects in research. Although the Declaration of Helsinki is the point of reference for ethical conduct of research on humans, national normative requirements may diverge from its provisions. The aim of this research is to examine requirements on informed consent in biomedical research in Germany, (...) Poland, and Russia to determine how each national regulatory framework relates to the provisions of the Declaration of Helsinki. Methods: For this analysis, we conducted a search of the legal databases “Gesetze im Internet” for Germany, “Internetowy System Aktow Prawnych” for Poland, and “ГAPAHT – Garant” for Russia. The search was complemented by a review of secondary literature contained in the databases Google Scholar, PubMed, Polish National Library, and eLibrary ru. We have identified 21 normative regulations containing provisions on informed consent in clinical research in all three countries. The content of these documents was systematically categorized and analyzed. Results: The normative framework in all three countries shows a strong commitment towards the core ethical principles of research envisaged in the Declaration of Helsinki. Nevertheless, provisions on informed consent vary between these three countries. The differences range from the method and language in which information should be provided, through the amount of information required to be disclosed, to the form of documenting consent or withdrawal. In the case of research on vulnerable groups, these differences are particularly visible. Conclusions: The identified differences can negatively impact the ethical conduct of international clinical studies. Attention needs to be paid that flexibilities within national regulations are not misused to undermine the protection of research subjects. Achieving global or regional legislative harmonization might prove impossible. Such lack of legal consensus reinforces the significance of the international ethical agreements. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, (...) vagueness of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

The paper makes use of two frameworks to develop a discussion on the merits of delaying agreement in partnership contexts. The first framework — the Arenas of Power — is helpful in understanding the different contexts in which negotiation and discussion take place. Four Arenas are identified, depending on the potential for agreement between parties who may hold very different worldview perspectives, and the power distribution between the various parties involved. Each leads to different ways of working, (...) and to different goals in terms of what can constructively be agreed and what could prove false or artificial. The second framework develops the idea of alethic pluralism through the use of Wilber’s four quadrants. The two frameworks are then related to four processes taken by ‘alternative’ systems of knowledge which illustrate examples of how things play out in and between the Arenas: annihilation, systematic exclusion/segregation, assimilation, and integration/accommodation. Several approaches are then outlined which can be used in these Arenas. They include Drama Theory (a development of Games Theory which has proved particularly useful in settings where there are dilemmas facing the parties which cannot be resolved through rational analysis), Principled Negotiation and Whole Systems Interventions. A number of practical examples are given which develop and enrich the argument, including cases where delaying agreement has proved beneficial, and cases where premature agreement has proved problematic. (shrink)

This book examines the labour standards provisions in a number of Regional and Bilateral Trade Agreements, and assesses the potential of using the relevant clauses in these trade agreements as a benchmark for a multilateral approach. Based on the lessons learned from the Regional model, the book proposes a Global Labour and Trade Framework Agreement (GLTFA) combined with a joint ILO/WTO enforcement mechanism to resolve the contentious issue of the link between the CLS and international trade. The (...) history of the linkage between the Core Labour Standards (CLS) and international trade dates back roughly 150 years, and has recently become one of the most vexing issues facing policy-makers. At the heart of the debate is the question whether or not trade sanctions should be imposed on countries that do not respect the CLS as embodied in multilateral conventions administered by the International Labour Organization (ILO). Concretely, this would entail inserting a social clause in the World Trade Organization (WTO) rules, and would trigger the imposition of sanctions on those countries that do not adhere to the CLS. Kofi Addo is a policy advisor to the Board of Governors of the International Baccalaureate Organisation. He holds a PhD in law from the University of Bern, Switzerland.. (shrink)

From the 1991 referendum on independence and the adoption of the Constitution up to date, Macedonian statehood has been going through several political transformations, of which, as key, we single out those of 2001, 2017 and 2018-19. All those turning points relate to the resolution of identity conflicts and disputes, both within the country and with neighbouring states. The purpose of this paper is to prove the hypothesis according to which the replacement of constitutionality as the foundation of the Macedonian (...) state with contractual relations, which are later constitutionalized, leads to statehood erosion. In other words, instead of the Constitution representing a relatively permanent social contract of the citizens in the political community, the three contracts turned it into its opposite. Constitutional changes brought about through coercion and blackmail, that is, from a position of power, through international state building, have gradually created an increasingly weak and unsuccessful state, that is, a provisional state. Such an entity cannot hope to be incorporated into the European Union. More precisely, identity concessions accompanied by the dysfunctional state institutions result in effects contrary to the basic democratic imperatives and the principles contained in the Copenhagen criteria. (shrink)

BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The (...) following problematic aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

Source: Author: Ombor Pereowei Garrick, Ombor Elizabeth Oshuare, Adumene Sidum This study provides a framework to holistically assess the level of passengers' satisfaction for a given ferry service based on the dominant Design/Operational, Passengers Care/Safety/Security and Environmental categorical factors that define the ferry service operations and influence passengers' satisfaction. A test case carried out for a ferry service offered by a boat operator in the Warri wharf yields a Passengers' Satisfaction Index of 3.84, indicating that the ferry service is (...) in the range of dissatisfactory and moderately satisfactory, which is in good agreement with popular opinions that the service offered by that operator does not satisfy most of the passengers' expectations. The results of the test case proved that the framework reliably and realistically predicts the level of satisfaction the passengers derived from the various segments that define the service offered by a boat operator. This study will assist passengers make informed decision about the choice of operators to patronize. It will also guide operators and regulators to identify and improve those areas of the ferry service that are pertinent to the successful operation of the ferry business. ]]>. (shrink)

Climate negotiations under the United Nations Framework Convention on Climate Change have so far failed to achieve a robust international agreement to reduce greenhouse gas emissions. Game theory has been used to investigate possible climate negotiation solutions and strategies for accomplishing them. Negotiations have been primarily modelled as public goods games such as the Prisoner’s Dilemma, though coordination games or games of conflict have also been used. Many of these models have solutions, in the form of equilibria, (...) corresponding to possible positive outcomes—that is, agreements with the requisite emissions reduction commitments. Other work on large-scale social dilemmas suggests that it should be possible to resolve the climate problem. It therefore seems that equilibrium selection may be a barrier to successful negotiations. Here we use an N-player bargaining game in an agent-based model with learning dynamics to examine the past failures of and future prospects for a robust international climate agreement. The model suggests reasons why the desirable solutions identified in previous game-theoretic models have not yet been accomplished in practice and what mechanisms might be used to achieve these solutions. (shrink)

It has been a fundamental assumption in management theory that communication is a key condition for successful management. This assumption has been linked to Habermas’ model of communicative rationality, but it is very difficult for managers to implement this model in real-life leadership relations. The reason is that practical obstacles, resource limitations and knowledge gaps make it impossible to achieve Habermas’ ideal aim of ‘shared horizons’. The article argues that it is possible for managers to meet fundamental communication conditions in (...) employee interaction and other forms of leadership relations if the holistic concept of a shared horizon is replaced with an idea of contextual agreement. Within this alternative conceptual framework, a key strategic aim for managers is to communicate as well as realistically possible how organisational strategies and action-guiding principles are justified. This presupposes that managers are able to uncover ‘hidden’ language meaning and transcend contextual power relations. Within a speech act theory of meaning, the article articulates three basic communication conditions that can function as conceptual tools for achieving these communicative aims. (shrink)

In the processing of subject-verb agreement, non-subject plural nouns following a singular subject sometimes “attract” the agreement with the verb, despite not being grammatically licensed to do so. This phenomenon generates agreement errors in production and an increased tendency to fail to notice such errors in comprehension, thereby providing a window into the representation of grammatical number in working memory during sentence processing. Research in this topic, however, is primarily done in related languages with similar agreement (...) systems. In order to increase the cross-linguistic coverage of the processing of agreement, we conducted a self-paced reading study in Modern Standard Arabic. We report robust agreement attraction errors in relative clauses, a configuration not particularly conducive to the generation of such errors for all possible lexicalizations. In particular, we examined the speed with which readers retrieve a subject controller for both grammatical and ungrammatical agreeing verbs in sentences where verbs are preceded by two NPs, one of which is a local non-subject NP that can act as a distractor for the successful resolution of subject-verb agreement. Our results suggest that the frequency of errors is modulated by the kind of plural formation strategy used on the attractor noun: nouns which form plurals by suffixation condition high rates of attraction, whereas nouns which form their plurals by internal vowel change (ablaut) generate lower rates of errors and reading-time attraction effects of smaller magnitudes. Furthermore, we show some evidence that these agreement attraction effects are mostly contained in the right tail of reaction time distributions. We also present modeling data in the ACT-R framework which supports a view of these ablauting patterns wherein they are differentially specified for number and evaluate the consequences of possible representations for theories of grammar and parsing. (shrink)

Since 2011, the focus of international negotiations under the UNFCCC has been on producing a new climate agreement to be adopted in 2015. This phase of negotiations is known as the Durban Platform for Enhanced Action. The goal has been to update the global effort on climate for long-term cooperation. In this period, various changes have been contemplated on the design of the architecture of the global climate effort. Whereas previously, the negotiation process consisted of setting mandated targets (...) exclusively for developed countries, the current setting requests of each country to pledge its contribution to the climate effort in the form of Intended Nationally Determined Contributions. The shift away from establishing negotiated targets for rich countries alone towards a universal system of participation through intended contributions raised persistent questions on how exactly the new agreement can ensure equitable terms. How to conceptualize equity within the 2015 climate agreement, and beyond, is the focus of this paper. The paper advances a framework on equity, which moves away from substantive moral conceptions of burden allocation toward refining principles of public reason specially designed for the negotiation process under the UNFCCC. The paper outlines the framework’s main features and discusses how it can serve a facilitating role for multilateral discussion on equity on a long-term basis capable of adapting to changing circumstances. (shrink)

In our increasingly interactive and interdependent world, we are confronted almost daily with issues in international law: think, for instance, of the recent Pinochet and Öcalan cases, the crises in Iraq, Kosovo and East Timor, or the banana and hormone disputes in the WTO. Add to this continual reports about the activities of international organizations, from the UN to the European Union, and it becomes clear that international law is the order of the day. Whoever follows these (...) international developments, as I do, and whoever is committed to the construction of a solid legal order for the international community, finds himself constantly torn between hope and despair. Signs of hope in recent years include the approval of a statute for the International Criminal Court in Rome on July 17, 1998; the Pinochet decisions of the House of Lords of November 1998 and March 1999; and the coming into force of the Ottawa agreement on anti-personnel mines in March of 1999. Yet who could witness the course of events during the NATO bombing campaign in Yugoslavia, and the long period of UN inaction against the violence that broke out in East Timor following the referendum, without feeling some sense of desperation? The mood of the present day, however, should not prevent us from taking a long-term perspective. What kind of international legal order are we moving towards on the threshold of the twenty-first century? Building up a solid international legal order is probably one of the greatest challenges facing humanity at present. Our national legal systems are strongly developed and during the last fifty years, Western Europe has succeeded in constructing an EU legal order which has made possible a peaceful society, welfare and the integration of peoples in Europe. But where do we stand on the world level? Is international law not all too slowly limping behind globalization? And yet, the century we are looking back on has been the century in which international law and the law of international organizations flourished: in the framework of the League of Nations, and then the UN, we have succeeded in codifying, consolidating and developing international law in numerous multilateral treaties ranging from human rights and maritime law to international labour, trade and environmental norms. Never before had the world witnessed such an extensive network of international organizations . Never before did states make such intensive use of treaties for arranging their mutual concerns: more than 30,000 are registered at the UN. (shrink)

This Article discusses BLAs as tools of global labor migration governance, with a specific focus on gender. Drawing on our global database of 582 bilateral labor migration agreements, we investigate the extent to which these governing instruments connect and align with relevant international normative frameworks, in particular the extent to which they represent gains, gaps or gaffs in terms of gender equality and the human and labor rights protection of women migrants. In the context of the Global Compact for (...) Safe, Orderly and Regular Migration, which stresses a gender-responsive approach to migration governance as one of its guiding principles, we ask: Do the BLAs which are increasingly being used as instruments to govern labor migration contribute toward sustainable gender equality, decent work and reduced inequalities for women and gender-diverse migrants? (shrink)

The Report of the National Academy of Sciences Monitoring International Labor Standards: Techniques and Sources of Information shows that assessing compliance can be carried out in a thorough, transparent fashion, allowing alternative evaluators to identify where they disagree in assessment. Drawing on the Report and written by the Chair of the Committee that produced it, this paper offers a short overview of the principal challenges in assessing compliance with the ILO core labor standards, and offers a simple framework (...) for investigating compliance. The paper concludes with a discussion of the implications for trying to include labor standards in trade agreements. (shrink)

At the United Nations climate change conference in 2011, parties decided to launch the “Durban Platform” to work towards a new long-term climate agreement. The decision was notable for the absence of any reference to “equity”, a prominent principle in all previous major climate agreements. Wealthy countries resisted the inclusion of equity on the grounds that the term had become too closely yoked to developing countries’ favored conception of equity. This conception, according to wealthy countries, exempts developing countries from (...) making commitments that are stringent enough for the collective effort needed to avoid dangerous climate change. In circumstances where even mentioning the term equity has become problematic, a critical question is whether scope for a fair agreement is being squeezed out of negotiations. To address this question we set out a conceptual framework for normative theorizing about fairness in international negotiations, accompanied by a set of minimal standards of fairness and plausible feasibility constraints for sharing the global climate change mitigation effort. We argue that a fair and feasible agreement may be reached by (i) reforming the current binary approach to differentiating developed and developing country groups, in tandem with (ii) introducing a more principled approach to differentiating the mitigation commitments of individual countries. These two priorities may provide the basis for a principled bargain between developed and developing countries that safeguards the opportunity to avoid dangerous climate change without sacrificing widely acceptable conceptions of equity. (shrink)

This article examines whether the involvement of stakeholders in the design of corporate codes of conduct leads to a higher implementation likelihood of the code. The empirical focus is on Occupational Safety and Health (OSH). The article compares the inclusion of OSH issues in the codes of conduct of 30 companies involved in International Framework Agreements (IFAs), agreed upon by trade unions and multinational enterprises, with those of a benchmark sample of 38 leading Multinational Enterprises in comparable industries. (...) It is found that codes of the IFA group have a higher implementation likelihood in OSH than the codes of the benchmark group. Further, European firms, culturally more used to stakeholder involvement, score higher than their US and Japanese competitors, and hence are more capable of addressing the safety and health issues in international supply chains. The implementation likelihood of codes seems closely related to the type of corporate CSR approach. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Non-Cartesian Frameworks”James Phillips (bio)Whither psychoanalytic theory and practice? This is the question raised by Louis Berger as he confronts psychoanalysis’s response to the collapse of Cartesianism that has shaken the foundations of other humanist disciplines (as well as the natural sciences) and has finally caught up with Freud’s heirs. Anyone wanting evidence of this shakeup in psychoanalysis need only consult the final 1994 issue of the (...) class='Hi'>International Journal of Psycho-Analysis. For the seventy-fifth anniversary edition of the journal, the editors organized a symposium on “The Conceptualization and Communication of Clinical Facts in Psychoanalysis.” In his foreword to the 300-page issue, the editor, David Tuckett (1994, 865–70), evokes the theoretical pluralism that has beset the field and asserts what is the presupposition of all the articles that follow: There are no theory-free facts, and the challenge now is to deal with this reality.I think I can assume, however, that for Berger these papers would mostly fall into his category of “not going far enough.” He invokes a Cartesian representationalism, critiqued variously by Heidegger, Wittgenstein, and Castoriadis, that continues to infect even such discussions of fact and theory in psychoanalysis as those in the landmark volume of the International Journal. Thus, though that volume may represent the official announcement of the death of positivism in psychoanalysis, it stops short of announcing the profession’s entry into the postmodern era. Indeed, it should be noted that in much contemporary discussion, an awareness of the issues of theoretical pluralism and fact/theory dilemmas rests quite comfortably with the most blatant examples of representational thinking. The object-relations tradition, for instance, remains such a dominant force that most of us would have a hard time giving up our talk of internal objects and internal representations.Berger’s presentation of the three critics of representational thought is clear and enlightening. The inclusion of Castoriadis is important because he, unlike Heidegger and Wittgenstein, is a clinician. Berger’s application of this critique of representation to psychoanalysis, and specifically to the question of the theory/practice relationship, is also developed in a meaningful way. (For a development of the critique of representational thinking that emphasizes the role of Locke in expanding the Cartesian tradition, see Nasser 1994.) Since I am in agreement with the thrust of Berger’ s presentation and have little to add to it, I will focus my comments on one area that I think does warrant further discussion—the relations between the postmodern and other postempiricist or postpositivist traditions. Although some writers (e.g., Leary 1994; Silverman 1994) tend to group movements such as postmodernism, hermeneutics, [End Page 187] and social constructionism together, Berger’s argument singles out postmodernism as the only truly nonrepresentational postempiricist movement.Of the other non-Cartesian traditions, Berger says that “their tacit retention of representationalism (including its concomitant, the theory/practice dichotomy) demonstrates their failure to identify, adequately understand, or avoid key Cartesian difficulties and limitations. They fail to appreciate the effects which accompany enframing.” He adds later: “I have been making my point with examples drawn mostly from the American Middle School, but I submit that any analytic position that invokes models or analogous logical formalisms—e.g., hermeneutic, self-psychological, constructionist, action linguistic—is subject to the identical criticisms.” I wish to take up the case of hermeneutics and question whether its differentiation from postmodernism does indeed revolve around the issue of representational thought. Sorting this issue out will bear on the final conclusions of Berger’s paper. It is true, as Berger points out, that hermeneutic discussion in psychoanalysis often involves a comparison of (representationally articulated) models; but that is not the whole story regarding hermeneutics. Remember, after all, that Heidegger—directly in Being and Time (1962, 62), and indirectly through his profound influence on Gadamer—was a pivotal figure in the development of hermeneutics. Heidegger considered his analysis of man’s precognitive enmeshment in the world to be a “hermeneutic of Dasein.” For his part, Gadamer’s analysis of man’s relations to others and to the world concludes in a relationship that is mediated through a language that is fully dialectical and... (shrink)

The protection of workers' rights is at the heart of the ongoing debate on business ethics. In balancing transnational corporations' (TNCs) influence in private regulatory systems intended to protect workers' rights in emerging economies, several authors have emphasized the importance of cooperative relationships between unions and NGOs. In practice, however, conflict has often entered into union-NGO relations, weakening the protection of workers' rights. We argue that cooperative union-NGO relationships are difficult to form in part because of the differences existing between (...) how unions and NGOs organize. More specifically, based on two qualitative studies, we demonstrate that the problems stem from differences in organizing related to (i) identity construction, (ii) governance systems, and (iii) resources. The article concludes with a discussion on the possibility of successful union-NGO cooperation and improved protection of workers' rights in emerging economies. (shrink)

Focusing on the tradition of Roman Catholic social teaching, this dissertation examines and compares two contemporary models of theological-ethical reflection: the neoliberal model represented by the United States bishops' conference, and the structuralist model espoused by the Latin American bishops' conference, both focusing on their understanding of political economy in the context of North-South American relations. ;The thrust of this dissertation is that the study of theological ethics in general, and in this particular case of the tradition of Catholic social (...) teaching on political economy, constitute a valuable contribution to understanding of the profound human dimensions implied in the North-South relations. ;Building on the comparison of these two Catholic traditions, I propose a model of Christian social ethics which, at the normative level, attempts to retrieve the ethical claims of the option for the poor within the tradition of human rights, and at the practical level seeks to provide--in dialogue with the discipline of international Relations--a more suitable framework for addressing problems of international political economy. ;This study proposes two elements for the construction of a new model of social ethics. First, it offers an original approach method that combines the strengths of the hermeneutical and correlational methods in order to evaluate the intelligibility, coherence and adequacy of these two models, not only within their own system, but in relations to the social issues that they intend to assess. Second, it presents an alternative view to those of the structuralist and neoliberal theories of international political economy through the contribution of the newly emerging theories of neostructuralism and institutionalism. ;In light of the changes and new prospects emerging in the area of North-South relations in the post-Cold War era, this study suggests a model of social ethics based on a post-hegemonic understanding of North-South cooperation. This research indicates that the increasing number of mutual agreements among states, rather than asymmetric relations built on hegemonic power and dependency, constitute an area of international institutions that is indicative of a transformation of North-South American states. (shrink)

For over two decades, international environmental equity - the fair and just sharing of the burdens associated with environmental changes - has been the subject of much debate by philosophers, activists and diplomats concerned about climate change. It has been manifested in many international environmental agreements, notably the Framework Convention on Climate Change and the Kyoto Protocol. The question arises as to whether it is being put into practice in this context. Are the requirements of international (...) environmental equity merely words and principles in international instruments, or are they having a practical effect on the policies of state governments? This article aims to start answering these questions. It examines whether the European Union (EU) and its member states are sharing the burdens of climate change. The article introduces equity in the context of the climate change agreements and looks at some normative and practical considerations. It suggests that Europe has been a leader on international equity in the climate change negotiations over the last decade, and it points to what European states and the EU have done to take on some of the burdens of climate change. Europe's actions are briefly assessed from practical and normative perspectives. Europe is doing more than any other part of the world to address climate change and to share the burdens associated with it. Nevertheless, Europe is not doing as much to address this problem as it can and should do. Both practical and normative imperatives demand more urgent action by Europe to implement climate equity. (shrink)

Noncompete agreements are among the most commonly used methods to restrict employment. Upwards of 38% of American workers, many of which are low-wage workers, have signed noncompete agreements. These agreements effectively hold those workers hostage to their current employer. This project analyzes the use of noncompete clauses in employment contracts with low-wage workers. We show that noncompetes with low-wage workers are not enforceable in the U.S.; employers nevertheless continue to include noncompete clauses in employment contracts with low-wage workers. We survey (...) states’ attempts to regulate the use of (even unenforceable) noncompetes and argue that current legislation is ineffective at preventing employers from including noncompetes in low-wage worker contracts. We argue that employers’ use of (even unenforceable) noncompete agreements with low-wage workers is wrongfully exploitative of those workers, and we provide suggestions for how states can effectively regulate the use of noncompetes, and thus protect low-wage workers from exploitation, using Virginia’s recently passed noncompete bill as a model. (shrink)

With the independence of Republic of Macedonia and the adoption of the Constitution of Macedonia, the country went through a substantial socio-political transition. The concept of human rights and freedoms, such as religious freedoms in the Macedonian Constitution is based on liberal democratic values. The Macedonian Constitution connects the fundamental human rights and freedoms with the concept of the individual and citizen, but also with the collective rights of ethnic minorities, respecting the international standards and responsibilities taken under numerous (...) international human rights conventions and treaties, of which the country is a party. Republic of Macedonia has ratified all the so called “core human right treaties” and now the real challenge lies in the implementation of the international standards. Some of these international conventions and treaties of the United Nations and of the Council of Europe are inherited by succession from the former Yugoslavian federation. Religious freedoms are guaranteed by the Universal Declaration of human rights, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. According to the Constitution of the Republic of Macedonia “The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others, is guaranteed„. After the conflict of 2001 the Ohrid Framework Agreement secured group rights for ethnicities that are not in majority in the Republic of Macedonia. The present Law on the legal status of the church, religious communities and religious groups of 2007, repealed the Law on religion and religious groups of 1997. (shrink)

The 2010 Nagoya Protocol is an international framework for access and benefit sharing (ABS) of the use of genetic and biological resources, with particular focus on indigenous communities. This is especially important in Africa, where local communities have a close reliance on environmental resources and ecosystems. However, national legislation and policies commonly lag behind international agreements, and this poses challenges for legal compliance as well as practical applications. This study reviews the academic literature on the Nagoya Protocol (...) and ABS applications, and then considers the implications of this analysis for research in Africa. Results show that there is uneven engagement with the principles of the Nagoya Protocol across different academic disciplines; local communities are sometimes sidelined in these studies; and only 8% of researchers in the literature analysed are located in Africa. Future developments should focus on ensuring national compliance with the Nagoya Protocol, and that researchers and industry work in partnership with local African communities on ABS issues. (shrink)

Using food regime analysis, this paper critically analyzes how corporate actors amass, secure and apply power in the global agrifood system through International Investment Agreements (IIAs). IIAs are a key enabler of increasing corporate power in the agrifood system. We focus on three sets of investment provisions in IIAs: (a) the stringent enforceability mechanism of the investor-state dispute settlement (ISDS) system, (b) the expansion of the concept of expropriation, and (c) limitations or prohibitions on host countries to impose performance (...) requirements on foreign investors. We argue that these provisions compromise fairness in the international economic system. Attracted by promises of technology transfer, economic growth and employment, host states often prioritize policies that favor foreign investors even if such policies compromise domestic policy space. We provide analysis and examples of escalating corporate power at different stages of the industrial and transgenic model of agriculture. (shrink)

The revelation of widespread corruption in the Oil-for-Food Programme (the “Programme”) and the recent scandal involving the British arms manufacturer BAE Systems threatens to unravel the fragile global consensus on combating corruption. This paper outlines the emerging global consensus and legal framework on corruption and assesses the extent to which this consensus has been undermined by the above mentioned revelations of corruption. Both incidents provide an interesting context in which to analysesome of the difficult issues presented in the regulation (...) of transnational corruption. The regulation of transnational corruption provides a framework for analyzing the critical dimensions of the interaction between the norms in various domestic communities and the transnational context of these interactions. The paper argues that the current framework of multilateral efforts to curb transnational corruption is unable to tackle the problem effectively and concludes that the liability framework for engaging in transnational corruption has almost exclusively been the result of political expediency rather than that of empirical information. By examining the multilateral efforts by the international community to combat corruption, the paper generates questions about the status and future direction of thefight against corruption under international law. (shrink)

The international community has not been able to agree on a definition of “terrorism,” which has been a controversial term for decades. In order to understand the controversy, here the meaning of “terrorism” is analysed by means of the inferentialist framework developed by Robert Brandom. It will be shown that there is wide agreement about (at least some of) the consequences of application of the term, whereas the conditions of application are precisely what is at issue. Three (...) consequences of application will be distinguished: epistemic, evaluative, and programmatic. Evaluative and programmatic consequences of application of the term “terrorism” are widespread and very serious, even in the absence of a precise definition, and that explains why the conditions of application are a controversial matter. In the end, the controversy is best understood as a clash of interests regarding when the consequences of the term should apply. (shrink)

National governments have signed and ratified over three thousand International Investment Agreements (IIAs), which for the first time give multinational firms standing to sue host governments in international arbitration tribunals. IIAs have led to a host of high-profile and controversial legal disputes that have led to claims that investor state arbitration may be impeding governments in their ability to regulate and to protect their citizens’ well-being, a phenomenon known as “regulatory chill.” To understand the normative implications of regulatory (...) chill, I analyze investor state arbitration over tobacco in Australia and Latin America. I examine legislative discussions over possible regulatory changes in Australia and Uruguay, the two cases that have faced disputes over tobacco laws, as well as in Latin American countries that provide access to the legislative debates and had legislative initiatives that sought to strengthen tobacco legislation. These cases demonstrate that tobacco packaging laws in a number of countries have been delayed or reduced as a result of fears of potential arbitration among the government and legislators. This regulatory chill is normatively problematic as it suggests that states may be giving up more of their regulatory authority than they initially believed they would have to under IIAs. (shrink)

Humans have always played a crucial role in the evolutionary dynamics of agricultural biodiversity and thus there is a strong relationship between these resources and human cultures. These agricultural resources have long been treated as a global public good, and constitute the livelihoods of millions of predominantly poor people. At the same time, agricultural biodiversity is under serious threat in many parts of the world despite extensive conservation efforts. Ethical considerations regarding the collecting, research, and use of agricultural biodiversity are (...) currently topics of great concern. For example, easy access to genetic resources for breeding purposes is important, but international agreements and legal frameworks are necessary to ensure adequate recognition of the contributions of local communities and traditional farmers in creating and nurturing these resources. Here, we assess ethical principles in the context of existing codes of conduct that are relevant for agro-biodiversity researchers. We aim to create awareness among scientists and policy makers who are concerned with agro-biodiversity research and its potential impact on local communities. We encourage a serious assessment of the ethical principles presented here and hope to facilitate an integration of these principles into the reader’s personal ethical framework. Key ethical principles considered here include the importance of obtaining prior informed consent, equity, and the inalienability of rights of local communities and farmers. (shrink)

An international legal agreement governing the global antimicrobial commons would represent the strongest commitment mechanism for achieving collective action on antimicrobial resistance (AMR). Since AMR has important similarities to climate change—both are common pool resource challenges that require massive, long-term political commitments—the first article in this special issue draws lessons from various climate agreements that could be applicable for developing a grand bargain on AMR. We consider the similarities and differences between the Paris Climate Agreement and current (...) governance structures for AMR, and identify the merits and challenges associated with different international forums for developing a long-term international agreement on AMR. To be effective, fair, and feasible, an enduring legal agreement on AMR will require a combination of universal, differentiated, and individualized requirements, nationally determined contributions that are regularly reviewed and ratcheted up in level of ambition, a regular independent scientific stocktake to support evidence informed policymaking, and a concrete global goal to rally support. (shrink)

Critical aspects in the field of education are currently related to low levels of socioemotional competences and high rates of school dropouts. However, there are no standard practices or guidelines for helping countries to assess and train social and emotional competences. To overcome this limitation, the project Learning to be (L2B) aims to propose a comprehensive model of the assessment and development of social and emotional competences that bring together policymakers, researchers, teachers, school authorities and learners from different participating countries: (...) Finland, Italy, Latvia, Lithuania, Portugal, Slovenia, and Spain. The project attempts to create an international framework for regulating activities and supporting teachers working on the social and emotional competences of the students and to provide tools which can be used across countries. The aim of the paper is to describe how L2B has been developed in Spain by analyzing the contributions of the international framework and extracting the specific needs in the Spanish context. Specifically, we describe two products of the project: a) the process for creating a toolkit, a tool focused on creating activities and materials for helping teachers develop social and emotional competences of students and b) the results of an exploratory study in Spain in which social and emotional competences are assessed and compared to the international framework. First, we explain the definition of social and emotional competences used for creating the toolkit. Second, we analyze responses of Spanish students to questionnaires administered before applying the toolkit in the schools. The paper describes social and emotional competences in Spain and evaluates the overlap between relevant variables in Spain and those used for developing the toolkit, the international tool. Specific needs in Spain are discussed, as well as the contribution of the project for promoting the improved development of students’ social and emotional competences, improving learning outcomes and stronger social cohesion in schools and local communities, as well as the utility of the results for creating new educational policies. (shrink)

Although corruption is ubiquitous, attitudes toward it differ among countries. Until the 1997 OECD Convention, the U.S. had been one of the only two countries with an explicit extraterritorial anti-bribery law, the Foreign Corrupt Practices Act (FCPA) of 1977. The FCPA employs a two-pronged approach to control the supply side of corruption: (1) anti-bribery provisions; and (2) accounting (books and record and internal controls) provisions. I offer evidence, albeit indirect, to show that the FCPA had limited success. The OECD Convention (...) adopts the same two-pronged approach, but, since it is a multilateral treaty, is likely to be more successful provided that enforcement is vigorous enough. The signatory nations effectively form a cartel to reduce the cost of doing business. As with any cartel, however, each multinational corporation has an incentive to deviate. Thus, the mutual enforcement of the agreement is crucial for its success. However, the two-pronged approach is not sufficient, since internal control does not adequately monitor decisions made at the top level. I argue that the two lessons drawn from the U.S. experience are: (1) law enforcement must be credible; and (2) internal controls alone are not sufficient. Stronger and more effective corporate governance within an appropriate regulatory framework is needed to ensure that multinational corporations conduct their business in an ethical manner. (shrink)

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. A new global (...) health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health —stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would benefit from the FCGH. And from integrating the FCGH into the existing human rights system to creative forms of compliance and enforcement and strengthened domestic legal and political accountability mechanisms, the treaty stands to improve right to health compliance. The potential for the FCGH to bring the right to health nearer universal reality calls for us to embark on the journey towards securing this global treaty. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

Treaty Norms and Climate Change MitigationDarrel MoellendorfCurrently the international community is discussing the regulatory framework to replace the Kyoto Protocol after 2012. The unveiling of the new framework is scheduled to occur at the December 2009 COP in Copenhagen. The stakes are high, since any treaty will affect the development prospects of per capita poor countries and will determine the climate change–related costs borne by poor people for centuries to come. Failure to arrive at an agreement (...) would have grave effects on the development prospects of poor countries, many of which will experience the most severe effects of climate change. The original UNFCCC treaty recognizes these kinds of concerns and requires that further treaty negotiation pay them heed. Any agreement will be required to conform to UNFCCC norms related to sustainable development and the equitable distribution of responsibilities. In this paper I argue that UNFCCC norms tightly constrain the range of acceptable agreements for the distribution of burdens to mitigate climate change. I conclude that any legitimate treaty must put much heavier mitigation burdens on industrialized developed countries. Of the various proposals that have received international attention, two in particular stand out as possibly satisfying UNFCCC norms regarding the distribution of responsibilities. (shrink)

This paper tries to shed some light on the paradox that people cling to national ideologies at just the time when nations are counting less and less in social, cultural, economic and political affairs, and when transnational corporations and international organizations increasingly determine the framework of things. Many nations still rigidly think of themselves as independent and sovereign, accountable to no one but themselves, even when our global interdependence can no longer be ignored or denied. Ethnic cleansing and (...) crimes against humanity testify to the dangers of isolationist tendencies, such as blind conservatism, which we may escape only by cultivating and advancing democracy and a shared public life on a global scale, i.e. by developing transnational institutions on strictly empirical and experimental grounds that could assist people in coping with the newly emerging world-order. (shrink)

Global climate change may result in a wide array of social and environmental harms, and this prospect has given rise to an international treaty, the 1992 UN Framework Convention on Climate Change. Scientific uncertainties, nation state politics, and economic resistance had to be addressed before this landmark environmental agreement could be realized. However, questions remain about the foundations and core commitments of this agreement. Ellul's characterology of technique is applied to the task of building a critique (...) of the current international response to climate change and is allied to the proposition that ecological justice should guide the social response to climate change. It is argued that contemporary international efforts are directed at producing a “rational climate,” rather than a climate for ecological justice. (shrink)

Ever since the early decades of this century, there have emerged a number of competing schools of ecology that have attempted to weave the concepts underlying natural resource management and natural-historical traditions into a formal theoretical framework. It was widely believed that the discovery of the fundamental mechanisms underlying ecological phenomena would allow ecologists to articulate mathematically rigorous statements whose validity was not predicated on contingent factors. The formulation of such statements would elevate ecology to the standing of a (...) rigorous scientific discipline on a par with physics. However, there was no agreement as to the fundamental units of ecology. Systems ecologists sought to identify the fundamental organization that tied the physical and biological components of ecosystems into an irreducible unit: the ecosystem was their fundamental unit. Population ecologists sought, instead, to identify the biological mechanisms regulating the abundance and distribution of plant and animal species: to these ecologists, the individual organism was the fundamental unit of ecology, and the physical environment was nothing more than a stage upon which the play of individuals in perennial competition took place. As Joel Hagen has pointed out, the two schools were thus dividied by fundamentally different and irreconcilable assumptions about the nature of ecosystems.Notwithstanding these divisive efforts to elevate the image of ecology, the discipline remained in the shadows of American academia until the mid-1960s, when systems ecologists succeeded in projecting ecology onto the national scene. They did so by seeking closer involvement with practical problems: they argued before Congress that their approach to the theoretical problems of ecology was uniquely suited to the solution of the impending “environmental crisis.” With the establishment of the International Biological Program, they succeeded in attracting unprecedented levels of funding for systems ecology research. Theoretical population ecologists, on the other hand, found themselves consigned to the outer regions of this new institutional landscape. The systems ecologists' successful capture of the limelight and the purse brought the divisions between them and population ecologists into sharper relief — hence the hardening of the division of ecology observed by Hagen.45I have argued that the population biologist Richard Levins, prompted by these institutional developments, sought to challenge the social position of systems ecology, and to assert the intellectual priority of theoretical population ecology. He attempted to do so by articulating a nontrivial and rather carefully thought out classification of ecological models that led to the disqualification of systems analysis as a legitimate approach to the study of ecological phenomena. I have suggested that — ultimately —Levins's case against systems analysis in ecology rested on the view that an aspiration to realism and prediction was incompatible with an interest in theoretical issues, a concern that he equated with the search for generality. He sought to reinforce this argument by exploiting the fact that systems ecologists had staked their future on the provision of technical solutions to the problems of the “environmental crisis”: he associated systems ecologists' aspiration to realism and precision with a concern for practical issues, trading on the widely accepted view that practical imperatives are incompatible with the aims of scientific inquiry.46 These are plausible, but nonetheless questionable, claims which have now become an integral part of ecological knowledge. And finally, I hope to have shown how even the most abstract levels of scientific argument are shaped by political considerations, and how discussions of the conceptual development of modern ecology might benefit from a greater consideration of its historical and social dimensions.47. (shrink)

A volume in the International Library of the Philosophy of Education under the general editorship of R. S. Peters, which will both interest and repay close study by epistemologists and philosophers of language, as well as philosophers of education. The book concerns concept formation and the growth of knowledge, i.e., as the general editor of the series writes, "the genesis of knowledge and not just the logical properties of its outcome." The book is divided into two parts: in the (...) first, Hamlyn, employing a Piagetian framework and terminology, examines first the classical empiricist account of the genesis of knowledge, which, after Piaget, he strictures as "genesis without structure." This account fails to explain the existence of intersubjective agreement. Then Hamlyn goes on to examine the rival rationalist account, which he strictures as "structure without genesis." Here, the failure is that there is no good account of how knowledge even gets started. Finally, Hamlyn examines an account of the growth of knowledge to which he is more sympathetic; that of the French psychologist, Piaget: "structure with genesis." Hamlyn finds striking similarities between the Piagetian theory and that of Kant, but, in the end, this account has a fatal flaw as well. Indeed, according to Hamlyn, all three accounts really fail for the same basic cause, viz., their account of knowledge is too egocentric, and "they all start from the same starting point, the individual set against his environment." In the second part of the book, Hamlyn sets out his own view, the object of which is to correct the egocentric view of knowledge which undermines the traditional theories and even their more modern versions, in Chomsky as the representative of Rationalism, and Piaget, as the Kantian representative. Here Hamlyn argues that knowledge would be impossible without what Wittgenstein called "agreement in judgments" and then argues that this implies common reactions, attitudes, wants, and interests, in relation to the world. Finally, Hamlyn proceeds to apply this "social view" of knowledge and understanding to the acquisition of both in the case of the child. In the course of doing so, he relates the acquisition of knowledge and understanding in the child to the child’s acquisition of language. In the course of his discussion, Hamlyn has interesting things to say about a wide variety of topics such as "non-epistemic seeing" and the relations between knowledge and understanding. In addition he provides illuminatingly critical discussions of the main ideas of Piaget and Chomsky; and although most philosophers are persuaded that they should become familiar with the ideas of the latter, Hamlyn makes out a good case that philosophers ought to start to think about the work of the former as well. All of this is done in a pleasingly straightforward way, devoid of any tiresome literary conceits. (shrink)

In recent years, the fight against money laundering has emerged as a key issue of financial regulation. The Wolfsberg Group is an important multistakeholder agreement establishing corporate responsibility principles against money laundering in a domain where international coordination remains otherwise difficult. The fact that 10 out of the 25 top private banking institutions joined this initiative opens up an interesting puzzle concerning the conditions for the participation of key industry players in the Wolfsberg Group. The article presents a (...) fuzzy-set analysis of seven hypotheses based on firm-level organizational factors, the macro-institutional context, and the regulatory framework. Results from the analysis of these 25 financial institutions show that public ownership of the bank and the existence of a code of conduct are necessary conditions for participation in the Wolfsberg Group, whereas factors related to the type of financial institution, combined with the existence of a black list, are sufficient for explaining participation. (shrink)

This study uses a comparative framework to examine the relationship between individual-level attributes and gender-role attitudes in a state-market society and in a capitalist society. Data from the 1988 International Social Science Program indicate significant differences in attitudes between the two populations. Both women and men in the United States were more supportive of women's employment than their counterparts in Hungary, despite the Hungarian government's policy of full employment during communist rule. Nevertheless, the level of agreement between (...) women and men was uniform across national contexts: Women were more supportive of women's employment than men. We also found that individual-level attributes, such as employment status and marital status, differentially affected gender-role attitudes in the two countries. This study contributes to a broader dialogue about the dynamic relationship between social structure and gender ideology. (shrink)