With the emergence of powerful non-state actors onto the international plane, it has been necessary for international law to adapt and recognise legal actors other than the sovereign state. This article contends that it is essential that international legal recognition now be extended to multinational corporations and nongovernmental organisations. This ensures that such actors cannot escape accountability for violations of international law but also that they granted legitimate rights as participants in the international system. Such (...) a development does not require that the primacy of the state under international law be diminished. On the contrary, the theory and practice of international law requires that the state retain its position atop the international hierarchy. (shrink)

This book investigates the relationship between non-state actors and climate justice from a philosophical perspective. The climate justice literature remains largely focused upon the rights and duties of states. Yet, for decades, states have failed to take adequate steps to address climate change. This has led some to suggest that, if severe climate change and its attendant harms are to be avoided, non-state actors are going to have to step into the breach. This collection represents the (...) first attempt to systematically examine the climate duties of the most significant non-state actors - corporations, sub-national political communities, and individuals. Targeted at academic philosophers working on climate justice, this collection will also be of great interest to students and scholars of global justice, applied ethics, political philosophy and environmental humanities. (shrink)

International Human Rights Law is clear in holding only states or state-like entities responsible for human rights abuses, yet activists and philosophers alike do not see any rational basis for this restriction in responsibility. Multi-national corporations, individuals and a whole array of other 'non‐state actors' are capable of harming vital human interests just as much as states, so why single-out the latter as human rights-responsible agents? In this paper I distinguish two ways of looking at human rights (...) responsibility. One is simply in terms of the outcomes that are deemed desirable to avoid (or secure), and the other is in terms of the relationships one sees these moral standards as governing. I argue that the peculiar form of responsibility and responsiveness (the way of 'holding to account')inherent to human rights principles is directed at establishing a particular type of relationship: one in which individuals are empowered in the face of a very special form of communal power. Other kinds of relationship and potential transgression are more appropriately governed by different kinds of moral principles, such as those relating to criminality. The outcomes view fails to incorporate this insight and for that reason fails to see the distinct role played by human rights standards in our moral reasoning: they are precisely valuable because they provide a way to judge the relationship of individuals to the peculiar kind of power exercised by the state. Part of this project is a re-assessment of the methodology employed by philosophers in establishing moral principles and concepts, such as those relating to human rights standards. (shrink)

_ This scholarly article explores the dynamic and evolving role of non-state actors in shaping international relations and fostering social change. Non-state actors, ranging from non-governmental organizations (NGOs) and multinational corporations to grassroots movements, have become influential players on the global stage. The article examines their impact on diplomatic processes, policy formulation, and societal transformations, emphasizing the significance of their involvement in contemporary international affairs. Through a comprehensive analysis of case studies and theoretical frameworks, the article (...) aims to provide a nuanced understanding of how non-state actors contribute to shaping the geopolitical landscape and driving social progress._. (shrink)

Objective: Collaborative governance is an innovative approach to address complex societal challenges, involving partnerships between state and non-state actors. Consequently, social media is powerful tools for promoting transparency and accountability. Methodology: The study examines the role of non-state actors in leveraging social media to enhance transparency in collaborative governance initiatives. The research analyses two case studies - the #FeesMustFall campaign in South Africa and the #Tajamuka/Sesijikile campaign in Zimbabwe. Results: Through a qualitative analysis of the (...) case studies, the study explores how non-state actors, such as civil society organizations and activist groups, have utilized social media to amplify their voices, mobilize public support, and exert pressure on government entities. Findings reveal that effective use of social media can empower non-state actors to overcome information asymmetries, facilitate public scrutiny, and foster collaborative problem-solving. Conclusions: However, contextual factors, such as political environments and digital access, shapes the dynamics of social media-driven transparency efforts. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies (...) with the principle of sovereign equality. Sovereign equality is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)

Background The world is urbanizing rapidly; more than half the world’s population now lives in urban areas, leading to significant transition in lifestyles and social behaviours globally. While offering many advantages, urban environments also concentrate health risks and introduce health hazards for the poor. In Bangladesh, although many public policies are directed towards equity and protecting people’s rights, these are not comprehensively and inclusively applied in ways that prioritize the health rights of citizens. The country is thus facing many issues (...) that raise moral and ethical concerns. Methods A narrative literature review was conducted between October 2016 and November 2017 on issues related to social justice, health, and human rights in urban Bangladesh. The key questions discussed here are: i) ethical dilemmas and inclusion of the urban poor to pursue social justice; and ii) the ethical obligations and moral responsibilities of the state and non-state sectors in serving Bangladesh’s urban poor. Using a Rawlsian theory of equality of opportunity to ensure social justice, we identified key health-related ethical issues in the country’s rapidly changing urban landscape, especially among the poor. Results We examined ethical dilemmas in Bangladesh’s health system through the rural–urban divide and the lack of coordination among implementing agencies. The unregulated profusion of the private sector and immoral practices of service providers result in high out-of-pocket expenditures for urban poor, leading to debt and further impoverishment. We also highlight policy and programmatic gaps, as well as entry points for safeguarding the right to health for Bangladeshi citizens. Conclusions The urban health system in Bangladesh needs a reform in which state and non-state actors should work together, understanding and acknowledging their moral responsibilities for improving the health of the urban poor by engaging multiple sectors. The social determinants of health should be taken into account when formulating policies and programs to achieve universal health coverage and ensure social justice for the urban poor in Bangladesh. (shrink)

A great deal of attention has been paid in recent years to the legality of the actions of states and state agents in international and non-international cyber conflicts. Less attention has been paid to ethical considerations in these situations, and very little has been written regarding the ethics of the participation of non-state actors in such conflicts. In this article, I analyze different categories of non-state participation in cyber operations and undertake to show under what conditions (...) such actions, though illegal, might be morally defensible. (shrink)

Book Review: Noam Lubell, Extraterritorial Use of Force against Non-State Actors.

ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just (...) war theory, it argues in favor of the moral equality of just and unjust occupants. Against the orthodox position in international law, it advocates the symmetrical treatment of states and non-state actors fighting internal armed conflicts, at least in terms of the rights they may claim on the territories under their control. It concludes by appraising the way in which this moral landscape should be translated into legal norms. (shrink)

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could (...) be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

Ever since the end of the Second World War, Rational Actor models have dominated strategic thinking at all levels of government policy and military planning. In the confrontation between states, and especially during the Cold War, these models were insightful and useful in anticipating a wide array of challenges and in stabilizing the world peace enough to prevent nuclear war. But now our society faces a whole new range of challenges from non-state actors who are committed to die (...) in order to kill and terrorize enough of our citizens to change the course of history. The darkest fear in the current struggle with terrorism is a nuclear bomb exploding in a major city. (shrink)

Development cannot be left to the "magic wand" of market forces alone. This observation has been vindicated by the dismal failure of the IMF/World Bank policies in Africa since the 1970s/80s. That development needs an active state participation and some deliberately dirigiste policies brooks no controversy. Interestingly, even the World Bank has begrudgingly come to accept the centrality of the state in development after peddling policies premised on market fundamentalism for decades. Consensus is now emerging in development discourses (...) in Africa that both states and markets do play an important complimentary role in the development process. The idea that this article canvasses is that both democracy and development need a robust, capable, democratic developmental state. A democratic developmental state operates in such a way that it leaves ample room for other key non-state actors to make their critical input in the development agenda and the democratization process. The article revisits the debate on the post-colonial state; interrogates challenges for democratic governance and sustainable human development; revisits the nexus between democracy and development in the context of Southern Africa. It further investigates the impact of the current process of accelerated globalization on the state, democratization, and development project in the SADC region. (shrink)

Human rights have been the principal ethical ingredients of ‘ethical foreign policy’. Some human rights promulgated in UN and other Declarations are more aspirational than achievable; others are of variable importance. So we need to look behind the Declarations to see which human rights claims should be taken most seriously. I shall argue that we take rights seriously only if we take the counterpart obligations seriously, and can take obligations seriously only if we connect them to the capabilities of the (...) agents and agencies who will have to discharge them. A realistic view of those agents and agencies cannot be based on the assumption that the relevant agents are all of them states, since this line of thought collapses where states are weak or failing. A realistic account of agency, or of obligations, a fortiori of rights has to take certain types of non-state actors and their obligations seriously. (shrink)

Prominent recent scholarship in global political justice has focused on creating conceptual space for international NGOs ? and sometimes also corporations and states ? as fully-fledged participants in global governance. While acknowledging the achievements of international non-state actors, I argue that core global governance tasks ? of global distribution, regulation or administration ? should not be assigned to them. Drawing from neo-republican theory, I contend that such actors fall short of the formal criteria that are necessary for (...) constituting a global public actor, because they do not have a global function and orientation. The distinction between public and private actors matters, since it conditions our expectations for them: both categories of actors are asked to avoid dominating individuals, but public actors must, in addition, protect individuals from third-party domination. (shrink)

Key accomplishments of political corporate social responsibility scholarship have been the identification of global governance gaps and a proposal how to tackle them. Political CSR scholarship assumes that the traditional roles of state and business have eroded, with states losing power and business gaining power in a globalized world. Consequently, the future of CSR lies in political CSR with new global governance forms which are organized by mainly non-state actors. The objective of the paper is to deepen (...) our understanding of political CSR and reintegrate notions of state power into political CSR scholarship by highlighting how states set the context within which business takes place, regulate offshore business practices, and play pivotal roles in new global governance mechanisms. (shrink)

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this (...) guiding methodology further and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that (...) are not, at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on (...) the aggressive side to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

This book analyzes the evolutions confronting the state in the contemporary international system from the double perspective of power and interdependence in a complex environment characterized by the rise of new, non-state actors, the globalization, and the impact their interactions have on both the state and earlier configurations of power.

This article analyzes the evolution of state capacity in Peru during the recent commodity boom. Peru’s economic growth happened in a context in which inclusive democratic institutions were at play for the longest period ever registered in the country and at a time when political elites decided to invest considerable resources in developing state capacity. This case illustrates how boom-led economic growth can lead to the institutional strengthening of a weak state. However, state capacity continues to (...) be low in Peru. The causal mechanism that yields such continuity differs from those entertained in classic path-dependent explanations of state capacity in Latin America. The article identifies a novel mechanism that helped reproduce the Peruvian path intertemporally. This relational mechanism suggests that state capacity remains low because of the relatively enhanced capacities of state challengers to locally fend off and contest an otherwise much stronger state apparatus. The article argues, on that basis, the need to employ a relational analysis that gauges net state strength with respect to the power acquired by relevant non-state actors who might challenge state authority across different local arenas. Classic conceptualizations of state capacity are indeed relational, but conventional applications are predominantly unilateral and, thus, misleading. Unilateral notions of state capacity are those that focus on either state efforts and investments to assert state capacity or, alternatively, on the presence of challenges that curtail the levels of actually observed state capacity. (shrink)

Responsibility for Human Rights provides an original theoretical analysis of which global actors are responsible for human rights, and why. It does this through an evaluation of the different reasons according to which such responsibilities might be assigned: legalism, universalism, capacity and publicness. The book marshals various arguments that speak in favour of and against assigning 'responsibility for human rights' to any state or non-state actor. At the same time, it remains grounded in an incisive interpretation of (...) the world we actually live in today, including: the relationship between sovereignty and human rights, recent events in 'business and human rights' practice, and key empirical examples of human rights violations by companies. David Karp argues that relevantly public actors have specific human rights responsibility. However, states can be less public, and non-state actors can be more public, than might seem apparent at first glance. (shrink)

An actor's mental states—whether she acted knowingly and with bad intentions—typically play an important role in evaluating the extent to which an action is wrong and in determining appropriate levels of punishment. In four experiments, we find that this role for knowledge and intent is significantly weaker when evaluating transgressions of conventional rules as opposed to moral rules. We also find that this attenuated role for knowledge and intent is partly due to the fact that conventional rules are judged to (...) be more arbitrary than moral rules; whereas moral transgressions are associated with actions that are intrinsically wrong, conventional transgressions are associated with actions that are only contingently wrong. Finally, we find that it is the perpetrator's belief about the arbitrary or non-arbitrary basis of the rule—not the reality—that drives this differential effect of knowledge and intent across types of transgressions. (shrink)

In the modern Middle East, the public institutions associated with the internationally recognized states of the region are rarely viewed as trustworthy or reliable. Born in the demise of the Ottoman Empire, midwifed by European imperial powers who paid lip service to the development of the inhabitants, and nurtured in the cold war by superpowers largely indifferent to the well-being of the peoples of the region, the existing states came to be associated with expectations of welfare provision and structures of (...) accountability that privileged external actors over local interests. In the absence of public institutions that responded to and represented local interests, people organized around those still vibrant alternative forms of community that existed – the exchange networks of informal economies or the kinship systems of extended families and the ethnic and religious communities of language, sect and confession – and sometimes they reorganized and reinterpreted these identities to supplement and ultimately supplant the failing states in which they found themselves. (shrink)

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a (...) Life Free of Violence” and to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

Patients in a vegetative state/ unresponsive wakefulness syndrome (VS/UWS) pose ethical dilemmas to those involved. Many conflicts occur between professionals and families of these patients. In the Netherlands physicians are supposed to withdraw life sustaining treatment once recovery is not to be expected. Yet these patients have shown to survive sometimes for decades. The role of the families is thought to be important. The aim of this study was to make an inventory of the professional perspective on conflicts in (...) long-term care of patients in VS/UWS. A qualitative study of transcripts on 2 Moral Deliberations (MD’s) in 2 cases of patients in VS/UWS in long-term care facilities. Six themes emerged: 1) Vision on VS/UWS; 2) Treatment and care plan; 3) Impact on relationships; 4) Feelings/attitude; 5) Communication; 6) Organizational aspects. These themes are related to professionals and to what families had expressed to the professionals. We found conflicts as well as contradictory feelings and thoughts to be a general feature in 4 of these themes, both in professionals and families. Conflicts were found in several actors: within families concerning all 6 themes, in nurse teams concerning the theme treatment and care plan, and between physicians concerning all 6 themes. Different visions, different expectations and hope on recovery, deviating goals and contradictory feelings/thoughts in families and professionals can lead to conflicts over a patient with VS/UWS. Key factors to prevent or solve such conflicts are a carefully established diagnosis, clarity upon visions, uniformity in treatment goals and plans, an open and empathic communication, expertise and understanding the importance of contradictory feelings/thoughts. Management should bridge conflicts and support their staff, by developing expertise, by creating stability and by facilitating medical ethical discourses. Shared compassion for the patient might be a key to gain trust and bridge the differences from non-shared to shared decision making. (shrink)

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable (...) in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations. (shrink)

The use of cyber force can be as severe and disruptive as traditional armed attacks are. Cyber attacks may neither provoke physical injuries nor cause property damages and still, they can affect essential functions of today’s societies, such as governmental services, business processes or communication systems that progressively depend on information as a vital resource. Whereas several scholars claim that an international treaty, much as new forms of international cooperation, are necessary, a further challenge should be stressed: authors of cyber (...) attacks can be non-state actors, and identifying the party responsible for such a use of force, whether non-state actors or national sovereign states, is often impossible. Accordingly, several programmes on online security and national defence have been developed by sovereign states to tackle this menace and yet, the endurance of Western democracies and their aim to protect basic rights have already been tested by such programmes over the past years. The new scenarios of cyber force do not only concern the field of international law, since they may represent the main threat in the fields of national and constitutional law as well. (shrink)

Human emotions guide verbal and non-verbal behaviour during social encounters. During public performances, performers’ emotions can be affected directly by an audience’s attitude. The valence of the emotional state (positive or negative) of a broad range of animal species is known to be associated with a body and visual orientation laterality bias. Here, we evaluated the influence of an audience’s attitude on professional actors’ head orientation and gaze direction during two theatrical performances with controlled observers’ reactions (Hostile vs (...) Friendly audience). First, our speech fluency analysis confirmed that an audience’s attitude influenced actors’ emotions. Second, we found that, whereas actors oriented more their head to the left (i.e. Right Hemisphere Bias) when the audience was hostile, they gazed more straight ahead at Friendly spectators. These results are in accordance with the Valence-Specific Hypothesis that proposes that processing stimuli with negative valences involves the right hemisphere (i.e. left eye) more than the left hemisphere. (shrink)

In 2018, Attorney General Jeff Sessions, in Matter of A-B-, attempted to bar victims of non-state actors—such as intimate partners and local gangs—from obtaining asylum in the United States. This article focuses on domestic violence-based asylum claims that made it to the US Circuit Court of Appeals during the Trump administration and the first five months of the Biden administration. My interdisciplinary approach goes beyond analysing the effect that Matter of A-B- has had on the outcomes of cases (...) and asks how judges evaluate the credibility of petitioners, determine whether domestic violence can rise to the level of persecution, and decide whether a government was unwilling or unable to protect the victim. A systematic analysis of 83 appellate level verdicts shows that asylum decisions are fraught with inconsistencies and that many judges lack a sophisticated understanding of domestic violence, credibility, and trauma. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the (...) legitimacy of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

STS research has devoted relatively little attention to the promotion and reception of science and technology by non-scientific actors and institutions. One consequence is that the relationship of science and technology to political power has tended to remain undertheorized. This article aims to fill that gap by introducing the concept of sociotechnical imaginaries. Through a comparative examination of the development and regulation of nuclear power in the US and South Korea, the article demonstrates the analytic potential of the imaginaries (...) concept. Although nuclear power and nationhood have long been imagined together in both countries, the nature of those imaginations has remained strikingly different. In the US, the state’s central move was to present itself as a responsible regulator of a potentially runaway technology that demands effective containment. In South Korea, the dominant imaginary was of atoms for development which the state not only imported but incorporated into its scientific, technological and political practices. In turn, these disparate imaginaries have underwritten very different responses to a variety of nuclear shocks and challenges, such as Three Mile Island (TMI), Chernobyl, and the spread of the anti-nuclear movement. (shrink)

This study reviewed how oil affected Iraq's internal and foreign policies throughout contemporary history, as it sought in its goal to identify the role of oil in Iraqi politics from independence until the beginning of the twenty-first century, and to achieve the goal of the study, the descriptive analytical approach was relied on, and the historical method, in order to identify the scene of Iraqi politics and the impact of oil and its role in the political practices of the Iraqi (...) state since independence until the beginning of the twenty-first century, and the importance of the study is due to the importance of oil The first is the importance of oil in Iraq, and it has two requirements, the first is a brief summary of the history of the importance of oil in Iraq The second demand focused on the status of oil in the period following the independence of the Iraqi state..and the second section was entitled Oil crises and their repercussions on Iraqi policy, and it has two requirements, the first dealt with the crisis The first oil and its repercussions on Iraqi politics, and the second requirement dealt with the second oil crisis and its repercussions on Iraqi politics, then came the third section entitled the role of oil in the political scene of the State of Iraq, and it has two requirements, the first talked about the political situation of the State of Iraq at the beginning of the 21st century and the role of Iraqi oil in the international scene, The second and final requirement of the study focused on Iraq's political and economic landscape in the aftermath of 2003; The study also explored the role of oil in the reconstruction of the Iraqi state. It uncovered several key findings, among which the most significant are: the management of oil in Iraq is synonymous with the management of all industrialized nations. The post-2003 period brought about transformative changes, as Iraq's oil market endured severe crises. Politically, the lack of democracy and the challenges of establishing a more democratic system in Iraq can only be fully understood by considering the economic dimensions, particularly the role of oil. The study highlighted that Iraq faced significant market risks and oil price fluctuations. Additionally, the invasion of Iraq in 2003 and the subsequent period up to 2011 confirmed that historical narratives about Iraq remain deeply influential. Although there are multiple political reasons for the invasion of Iraq, all reconstruction policies and projects after the invasion also relied on the oil sector, and the study justifies that the Iraqi state cannot withdraw from the economic scene, but will be forced to adopt economic policies, However, oil remains a political and strategic commodity over which no country can cede control to non-state actors. (shrink)

Agency without Actors? New Approaches to collective Action is rethinking a key issue in social theory and research: the question of agency. The history of sociological thought is deeply intertwined with the discourse of human agency as an effect of social relations. In most recent discussions the role of non-humans gains a substantial impact. Consequently the book asks: Are nonhumans active, do they have agency? And if so: how and in what different ways? The volume offers a critical (...) class='Hi'>state-of-the-art debate of internationally and nationally leading scholars within Sociology, Social Anthropology and STS on agency (Latour, Law, Michael, Rammert etc.). It fosters the productive exchange of empirical settings and theoretical views by outlining a wide range of novel accounts that link human and non-human agency. It tries to understand social-technical, political and environmental networks as different forms of agency that produce discrete and identifiable entities like humans, animals, technical artifacts. It also asks how different types of (often conflicting) agency and agents actors are distinguished in practice, how they are maintained and how they interfere with each other. (shrink)

During times of emergency like the pandemic itself, governments are often seen as exercising “exceptional power”. Given the state of growing urgency in responding to the pandemic, there is a worry that governments may resort to exercising their exceptional power arbitrarily—either willingly, unintentionally or perhaps even negligently. When power is exercised by states or even by non-state actors arbitrarily over a person or group, that is, at their own will in the absence of appropriate institutional checks and (...) balances, republican theorists argue that we are confronted with a threat to our freedom as non- domination. In this chapter, I explore whether, and in what ways, worries about domination could surface in the context of government’s enforcement of risk- containment measures in response to the pandemic. While imposition of these measures is deemed necessary and important for reducing risks in response to the pandemic, their imposition is prima facie problematic if it constitutes or entails wrongful exercise of arbitrary power, thereby risking domination of citizens. I motivate this claim by examining India’s initial response to the Covid-19 pandemic, particularly focussing on the public health emergency legislature (or lack thereof) authorising the implementation of emergency risk-containment measures. (shrink)

Following an introduction to international law regarding the use of force, the author examines the impact of post-9/11 practice, focusing on the right of self-defence. After critically reviewing operation Enduring Freedom, the U.S. National Security Strategy, the ‘Yemen strike’ and the war in Iraq, including the justifications offered for these actions and the international responses to them, as well as developments in NATO and the EU, he concludes that there is a tendency towards a broader interpretation of the right of (...) self-defence, in that this right may be extended to attacks by non-state actors and such attacks may be more easily attributed to states that support such actors. However, the author submits that this interpretation has not yet been sufficiently affirmed to have changed the law, that the rules of the UN Charter still accurately reflect the law and that there is insufficient support for a right of anticipatory or pre-emptive self-defence. Finally, he recommends strengthening the effectiveness of the Security Council and regional organizations such as the EU and NATO to avoid the risk of a true deregulation of the use of force. (shrink)

This paper explores the dynamics of security sector reform (SSR), a term used to refer to efforts made to reform the security structures of states emerging from conflict or authoritarianism. While "local ownership" is increasingly viewed as a necessary element of any sustainable SSR strategy, there remains a significant gap between international policy and practice in this area. In practice, the SSR agenda continues to be driven largely by international actors, with minimal input, let alone ownership, on the part (...) of either governments or civil society within reforming states. Indeed, the notion of local ownership has come to serve as much as a disciplining mechanism as a tool to overcome exclusion in the making and execution of security policy, and the effectiveness and sustainability of SSR programming have suffered as a result. In light of this, the paper will explore both the potential for, and the limits of, rehabilitating the notion of local ownership to enable more participatory forms of SSR, and argues that any practical local ownership strategy requires a dual policy of negotiating with state actors and engaging with non-state actors. (shrink)

This article explores the relationship between terror, power and the rule of law. First, tracing Burke's use of the term terror back to ancient Greek usage, I argue that being terrified is incommensurable with the experience of acting together with others. In this way, terror and power are distinct. However, most acts of terror aim to terrify some people while inoculating others from terror. Witnesses to the terror of others may feel empowered by the destruction of the power of others. (...) Second, the rule of law and terror seem incommensurable because causing terror often involves violating the law. However, modern political thought is founded on the idea that the law itself ought to be terrifying. That the terror of non-state actors appears random and the terror of the law has hardly been noticed in recent commentary on terrorism indicate that the rule of law produces an interesting audience effect. In order to sustain power and legitimacy while practising terror, governments use the rule of law to divide audiences up into terrified criminals and innocent witnesses. The practice of terror as an ‘open secret’ also produces similar audience effects. Finally, despite these connections between power, terror and the rule of law, I argue that terror is always technically out of power, even when practised by states. Terror is the true weapon of the weak because it always admits a failure to foster human connections with certain people and groups. Nonviolence is a weapon of the weak in the sense that it instantiates new, unencumbered power. (shrink)

In the context of social welfare austerity and non-state actors’ interventions into social life, an urban not-for-profit organization in the United States, Back on My Feet, uses the practice of running to engage those recovering from homelessness. Promoting messages of self-sufficiency, the organization centralizes the body as a site of investment and transformation. Doing so calls to the fore the social construction of ‘the homeless body’ and ‘the running body’. Within this ethnographic inquiry, participants in recovery who ran (...) with the organization constructed moralized senses of self in relation to volunteers, organizers, and those who do not run, while in recovery. Their experiences compel consideration of how bodily constructions and practices reproduce morally underpinned, self-oriented associations with homeless and neoliberal discourses that obfuscate systemic causes of homelessness, pose challenges for well-intentioned voluntary or development organizations, and service the relief of the state from social responsibility. (shrink)

This paper contributes to the growing social science scholarship on organic agriculture in the global South. A “boundary” framework is used to understand how negotiation among socially and geographically disparate social worlds (e.g., non-governmental organizations (NGOs), foreign donors, agricultural researchers, and small-scale farmers) has resulted in the diffusion of non-certified organic agriculture in Kenya. National and local NGOs dedicated to organic agriculture promotion, training, research, and outreach are conceptualized as “boundary organizations.” Situated at the intersection of multiple social worlds, these (...) NGOs engage in “strategic bridge building” and “strategic boundary-work.” Strategic bridge building involves the creation and use of “boundary objects” and “hybrid forms” that serve as meeting grounds for otherwise disconnected social worlds. Strategic boundary-work involves efforts to “scientize,” and thereby legitimize, organic agriculture in the eyes of foreign donors, potential research collaborators, the Kenyan state, and farmers. Examples of strategic bridge building and boundary-work are presented in the paper. The Kenyan case illustrates that different social actors can unite around a shared objective – namely, the promotion and legitimization of organic agriculture as an alternative to the Green Revolution (GR) technological package. (shrink)

Professor Roderick John Flower, Biochemical Pharmacology, William Harvey Research Institute, St Barts and the London School of Medicine Queen Mary University of London Charterhouse Square, London EC1M 6BQ, UK; r.j.flower@qmul.ac.ukJohn O'Neill, a molecular biologist in Frank Herbert's 1982 novel ‘The White Plague’,1 seeks retributive justice for the death of his wife in a terrorist bomb blast by infecting those he holds responsible with an engineered pathogen that kills only women. The eponymous plague soon spreads uncontrollably with predictable catastrophic global consequences.When (...) the definitive history of armed conflict is written, the chapter on biological weapons will make for a long and disagreeable read. Now, happily, disavowed by most nations under the 1972 Biological Weapons Convention, the presumption is that any future deployment would be at the hands of rogue states, criminal gangs or perhaps terrorist organisations, to whom they could appeal because of their apparent ease of preparation and dissemination coupled with their sinister reputation and potential for causing mass casualties.But Herbert's villain is different. He is a trained scientist possessing expert skills and with access to pathogens, reagents and cutting-edge technology. Such a person might appear outwardly to be part of the conventional academic establishment except that their motives impel them to act covertly outside the accepted ethical and legal boundaries of their profession. Such ‘outsiders’ evade detection because they act alone and can, through their privileged position, anticipate and thwart regulation or investigation. But is this frightening scenario more than just a plot for apocalyptic novels? Is it a credible threat?In reality, such occurrences seem to be rare. In a comprehensive analysis of 180 incidents involving the use of biological agents during the last century, for instance, Carus2 noted that none of the confirmed bioterrorist attacks by non-state actors …. (shrink)

Traditional state v. state war is largely a relic. How then does a nation-state protect itself - preemptively - against the unseen enemy? Existing international law - the Caroline Doctrine, UN Charter Article 51, Security Council Resolutions 1368 and 1373 - do not provide sufficiently clear guidelines regarding when a state may take preemptive or anticipatory action against a non-state actor. This article proposes rearticulating international law to allow a state to act earlier provided (...) sufficient intelligence is available. After examining international law, this article proposes a process-based "strict-scrutiny" approach to self-defense. Under this approach, the executive will have to convince a court, based on relevant, reliable, viable, and corroborated intelligence, that preemptive action is appropriate. This process leads to a check on the power o the executive by placing a judicial check on preemptive action, consequently establishing objective legal criteria for operational counterterrorism. Muge Kinacioglu, Department of International Relations, Bilkent, University, Turkey, wrote a response to my article titled, "A Response to Amos Guiora: Reassessing the Parameters of the Use of Force in the Age of Terrorism: Pre-emptive Action and International Law." Tarcisio Gazzini, Faculty of Law, VU University, Amsterdam, also wrote a response titled, "A Response ot Amos Guiora's Article on Pre-Emptive Self-Defence Against Non-State Actors.". (shrink)

In an attempt to capture the unexpected forms taken by excessive violence since the epochal years of 1989-91, Robert Kaplan has argued that these developments indicate a coming anarchy, which has to be prevented. This statement is based on the assumption that the level at which wars are being fought has shifted from the level of the state to a 'lower' level. It is argued that in most of these conflicts, non-state actors are involved on at least (...) one side. The motivation and goals of these non-state actors seem not to follow political or ideological imperatives but have other sources, which may be ethnic, economic, or the fact that violence has become an autonomous force. Things would look different, however, if this diffusion were no more than a transitional phase after the breakdown of the polar order of the Cold War. The paradigm of the wars to come would then be determined not by the order/anarchy antithesis, but by the conflict between different conceptions of order. Finally, I argue that there will be a re-politicization of war and violence in the long run. (shrink)

Since the 1990s various influential authors have argued that Clausewitz’s theory is no longer applicable, not only in relation to contemporary conflicts, but also in general. Some have suggested that it is harmful and even self-destructive to continue to use this theory as the basis for understanding and as a guide to political action, given the revolutionary changes in war and violence occurring in the world’s communities.2 Clausewitz, it is proposed, was only concerned with war between states employing regular armies, (...) whereas conflict today mainly involves non-state actors. (shrink)

Pragmatic pluralism denotes a particular approach to problems of international human rights and protections that departs from conventional cosmopolitan approaches. Pragmatic pluralism argues for situated and localized forms of cooperation between state and non-state actors, particularly religious groups and organizations, that may not share the secular, juridical understandings of rights, persons, and obligations common to contemporary cosmopolitan theory. A resource for the development of such a model of pragmatic pluralism can be found in the work of Hannah (...) Arendt. Arendt's early dissertation "Love and Saint Augustine" affords a model of religious community and obligation that can be read productively alongside her later political writings. The possibilities inherent in a cooperative reading of these two parts of her work can be illustrated in relation to an issue of particular concern to cosmopolitan theorists: the international refugee crisis. (shrink)