This article examines several key aspects of maternity homes for ‘unwed mothers’ in order to understand the overwhelming phenomenon of single mothers giving up their babies for adoption in South Korea and its naturalization as a common practice. Drawing upon Foucault’s concept of biopolitics, this article recasts maternity homes as an institution of biopolitical welfare and highlights two features of social governance that the maternity home extends over the population of single mothers and their children. First, I argue that (...) this unique, non-governmental social service agency functions as a hub of biopolitical technologies, where multiple social, legal, economic, and political forces work in concert to curb single motherhood through the promotion of adoption via (1) containment, (2) classification, and (3) circulation. Second, attending to the intricate dynamics of maternity home practices, this article observes the ways in which a single mother relinquishes her motherhood via adoption and, in so doing, becomes a birthmother, a self-regulating and self-governable subject. (shrink)

This paper examines the overwhelming desire of transnational adoptees to establish a connection with their origins in order to both come to terms with the past and develop an understanding of their identity. It considers the ethical ramifications of the commodification of human bodies. It is suggested that the idea of displacement is most helpful in approaching questions of transnational adoption. In this way, we can look at transnational adoption as a 'beginning' - one that (...) disappears into the present moment, becoming the constitutive reality underlying Derrida's concern with displacement - rather than its origin. For, what does the quest for a return to the point of origin entail? Transnational adoptees, when they embark on the journey of reclaiming their past, of coming to terms with their sense of loss, realise that there is no simple comfort in returning - that they are inevitably caught in the two worlds in which they co-exist. It is through this recognition of the traces that are contained in them, through this displacement, that they are able to negotiate identity. (shrink)

Central to scholarly discussions within the field of feminist epistemology is the question of a researcher’s positionality and the subsequent impact on knowledge production. In particular, Donna Haraway’s elaboration of ‘situated knowledge’ has been highly influential. As an epistemological principle, this concept emphasizes the researcher’s embodied location within the research context. Yet the question remains, how does one apply this principle within the concrete practices of knowledge production? In a research project based on Norwegian transnational adoptees’ identity work, the (...) author, being an immigrant, was situated as an ‘outsider within’. How does this positionality influence knowledge production? The concept of ‘outsider within’ comes from standpoint epistemology and has been taken up within black feminist thought to authorize knowledge about dominant society produced from a position of marginality. However as a concrete situatedness, can an ‘outsider within’ position also be used to think about the production of situated knowledge? This article offers an exploration of these questions. The author argues that one way to put feminist situated knowledge to use within an empirical study is through the conceptualization of ‘outsider within’ as a situated interactive space instead of a fixed standpoint. (shrink)

ArgumentThis article adopts a historical perspective to examine the development of Laboratory Animal Science and Medicine, an auxiliary field which formed to facilitate the work of the biomedical sciences by systematically improving laboratory animal production, provision, and maintenance in the post Second World War period. We investigate how Laboratory Animal Science and Medicine co-developed at the local level (responding to national needs and concerns) yet was simultaneously transnational in orientation (responding to the scientific need that knowledge, practices, objects and (...) animals circulate freely). Adapting the work of Tsing (2004), we argue that national differences provided the creative “friction” that helped drive the formation of Laboratory Animal Science and Medicine as a transnational endeavor. Our analysis engages with the themes of this special issue by focusing on the development of Laboratory Animal Science and Medicine in Norway, which both informed wider transnational developments and was formed by them. We show that Laboratory Animal Science and Medicine can only be properly understood from a spatial perspective; whilst it developed and was structured through national “centers,” its orientation was transnational necessitating international networks through which knowledge, practice, technologies, and animals circulated. (shrink)

The _why_ and the _how_ of knowledge production are examined in the case of the transnational cooperation between the directors of observatories in the Far East who drew up unified typhoon-warning codes in the period 1900–1939. The _why_ is prompted by the socioeconomic interests of the local chambers of commerce and international telegraphic companies, although this urge has the favourable wind of Far Eastern meteorologists’ ideology of voluntarist internationalism. The _how_ entails the persistent pursuit of consensus (on ends rather (...) than means) in international meetings where non-binding resolutions on codes and procedures are adopted. The outcome is the co-production of standardised knowledge, that is, the development of a series of processes and practices that co-produce both knowledge and ideas about the social order in a force field characterised by negotiations and power struggles. (shrink)

The author critiques the expedient application of market valuation principles by the transnational corporations and other large firms in the Indian pharmaceutical industry on a number of issues like patents, pricing, irrational drugs, clinical trials, etc. He contends that ethics in business is chiseled and etched within the confines of particular social structures of accumulation. An ascendant neo-liberal social structure of accumulation has basically shaped these firms' sharp opposition to the Indian Patents Act, 1970, government administered pricing, etc. The (...) author contends that the practice of neo-liberal economics is strongly associated with a "one dimensional" ethics that privileges market valuation principles over all others. This seems to inevitably generate a social counter-movement that struggles for social protections. He critiques neo-liberal business practices from a perspective that derives from the work of the economic anthropologist Karl Polanyi. Before the present phase of liberalization in India, markets were "managed", but without a "welfare state" in place. Moving toward deregulation of the markets without a welfare state in place is unethical. Keeping the debilities of the institutional framework of public policy in mind, the author adopts a Polanyian perspective that places its trust and hope in the growing social legitimacy of the counter-movement in opposition to both neo-liberal business practices and the degenerate behavior of state agencies. (shrink)

Research on fairness in machine learning (ML) has been largely focusing on individual and group fairness. With the adoption of ML-based technologies as assistive technology in complex societal transformations or crisis situations on a global scale these existing definitions fail to account for algorithmic fairness transnationally. We propose to complement existing perspectives on algorithmic fairness with a notion of transnational algorithmic fairness and take first steps towards an analytical framework. We exemplify the relevance of a transnational fairness (...) assessment in a case study on a disaster response system using images from online social media. In the presented case, ML systems are used as a support tool in categorizing and classifying images from social media after a disaster event as an almost instantly available source of information for coordinating disaster response. We present an empirical analysis assessing the transnational fairness of the application’s outputs-based on national socio-demographic development indicators as potentially discriminatory attributes. In doing so, the paper combines interdisciplinary perspectives from data analytics, ML, digital media studies and media sociology in order to address fairness beyond the technical system. The case study investigated reflects an embedded perspective of peoples’ everyday media use and social media platforms as the producers of sociality and processing data-with relevance far beyond the case of algorithmic fairness in disaster scenarios. Especially in light of the concentration of artificial intelligence (AI) development in the Global North and a perceived hegemonic constellation, we argue that transnational fairness offers a perspective on global injustices in relation to AI development and application that has the potential to substantiate discussions by identifying gaps in data and technology. These analyses ultimately will enable researchers and policy makers to derive actionable insights that could alleviate existing problems with fair use of AI technology and mitigate risks associated with future developments. (shrink)

This article proposes the adoption of a multi-modal system for allocating vaccine doses during large transnational outbreaks of infectious diseases. The chosen allocative criteria (public health need; country-income level; qualification through funding; and, subsidiarily, a modified lottery system) are adapted from a current embodiment of allocative multi-modality outside the context of public health: the New York City Marathon.

ABSTRACT The concept of ‘intimate citizenship’ stresses the right of people to choose how they organize their personal lives and claim identities. Support and interest groups are seen as playing an important role in the pursuit of recognition for these intimate choices, by elaborating visible and positive cultures that invade broader public spheres. Most studies on intimate citizenship take into consideration the exclusions these groups encounter when negotiating their differences with society at large. However, much less attention is paid to (...) the ways in which these groups internalize the surrounding ideologies, identity categories and hierarchies that pervade society and constrain their recognition as full citizens. In contrast, this paper aims to emphasize the reproduction of otherness within alternative spheres of life, and to reveal the ambiguities and complexities involved in their dialectic relationship with society at large. To address this issue, the paper focuses on the role that ‘adoption cultures’ of Flemish adoptive parents with children from Ethiopia play in the pursuit of being recognized as ‘proper’ families and full citizens. The ethnographic research among adoptive parents and adoption professionals shows a defensive discourse and action that aims at empowering against potential problems, as well as a tendency to other the adoptive child by pathologizing its non‐normativity. By showing the strong embeddedness of adoptive families' practices of familial and cultural construction in larger cultural frames of selfing and othering, characterized by biologism and nativism, one begins to understand the limits of their capacity to realize full citizenship. (shrink)

Ethical guidelines for multinational corporations are included in several international accords adopted during the past four decades. These guidelines attempt to influence the practices of multinational enterprises in such areas as employment relations, consumer protection, environmental pollution, political participation, and basic human rights. Their moral authority rests upon the competing principles of national sovereignty, social equity, market integrity, and human rights. Both deontological principles and experience-based value systems undergird and justify the primacy of human rights as the fundamental moral authority (...) of these transnational and transcultural compacts. Although difficulties and obstacles abound in gaining operational acceptance of such codes of conduct, it is possible to argue that their guidelines betoken the emergence of a transcultural corporate ethic. (shrink)

Globalisation impacts every aspect of modern society and today's law graduates are expected to deal with complex legal problems that require knowledge and training that goes beyond domestic law. This textbook provides an overview of how law is becoming increasingly transnational, facilitating theoretical and practical engagement with transnational legal institutions and phenomena. It advances an analytic framework that will help students to understand what to look for when they encounter transnational legal institutions and practices, and what are (...) the practical and normative implications of their findings. By considering both the theory and practice of transnational law and taking a discursive approach to the material, students are encouraged to arrive at their own conclusions. Adopting interdisciplinary techniques and using case studies from around the world, this book offers a holistic, balanced exploration of a new and emerging discipline. This title is also available as Open Access on Cambridge Core. (shrink)

In 1992, the Frankfurt scholar Ingeborg Maus launched a polemical attack against then current narratives of democratic protest, objecting to the languages of ‘resistance’ or ‘civil disobedience’ as defensive, servile and insufficiently transformative. This article explores in how far the language of constituent power can be adopted as an alternative justificatory strategy for civil disobedience in transnational protests. In contrast to current approaches that look at states as agents of international civil disobedience-as-constituent power, I suggest we look at political (...) movements. I focus on the example of the Democracy in Europe Movement 2025 which understands itself as a pan-European movement of civil disobedience, at the same time working towards an articulation and exercise of constituent power among the people of Europe. In the final section, I sharpen the criteria for the invocation of constituent power in transnational protest in distinguishing between its articulation, activation and... (shrink)

The United Nations Global Compact is one of the largest transnational governance schemes. Its success or failure, however, is a matter of debate. Drawing on research in cognitive linguistics, we argue that when evaluators discuss the UNGC, they apply the metaphorical concept of the family: the UNGC corresponds to the “family,” the UNGC headquarter to the “parent” and the business participants of the UNGC to the “children” of the family. As a corollary, evaluators’ implicit understanding of how a family (...) is best organized sets different benchmarks against which the governance structure of the UNGC is assessed. We describe two ideal models of “educating” UNGC business participants. Critics of the UNGC adopt a “strict father” model of transnational governance based on the idea that the proper education of inherently “bad” business firms necessitates obedience, discipline and punishment in case firms are non-compliant. In contrast, the UNGC’s advocates follow a “nurturant parent” model, which prioritizes empathy, learning and nurturance to support the moral development of “good” business firms. We develop the “UNGC-as-family” metaphor, explore its implications for transnational governance and discuss under what conditions these idealized models can serve as appropriate guidelines for TGSs. Specifically, we posit that following the behavioral prescriptions of the “strict father” model may, under certain conditions, jeopardize the organizational embedding and institutionalization of UNGC principles, and explain when and why it may be in the best interest of the UNGC and civil society to embrace the instructions of the “nurturant parent” model of transnational governance. (shrink)

The article examines how the rules on formation of contract and on mistake, contained in the various transnational model rules that have been published over the past two decades, have taken shape. The approach adopted here is based on an analysis of the ‘textual stratification’ of European private law. The relevant instruments (Convention on Contracts for the International Sale of Goods, Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts, Draft Common Frame of Reference, Principes contractuels communs) (...) are analysed and compared in their historical sequence. To what extent and why have the texts been transformed in the process? The article demonstrates that there is a very considerable common ground reflecting the state of the art of comparative research in these fields over the past hundred years. It also highlights issues on which consensus must still be reached and it suggests patterns towards reaching such consensus. It is argued that the Principles of European Contract Law, rather than the Draft Common Frame of Reference, should provide the point of departure for future discussions. The scene for the article is set by a critical examination of the concepts of contract and legal act, as used in the Draft Common Frame of Reference. (shrink)

Universal jurisdiction and the existence of an International Criminal Court (ICC) under the Rome Statute provide a framework through which true reconciliation can be achieved simultaneously with truth and justice. The ICC and universal jurisdiction can be viewed as laying out objective limits on the power of domestic and international actors to seek peace at any cost.This paper argues that those objective limits are not necessarily inimical to a just peace, nor are an undue burden on peacemakers. On the contrary, (...) they can set parameters whereby a just and lasting peace can be differentiated from impunity achieved through blackmail.The first step is to take a hard look at whether international standards of accountability for gross abuses have been met. At the same time, the examination of any specific scheme of domestic accountability cannot be done on a blanket basis. It will require a close look at conditions prevailing in the country, both at the time the scheme was adopted and later; at the policies adopted and how they were meant to advance the process of national reconciliation; at who adopted those measures and how; and at concrete applications of the scheme to individual cases.Even applying this exacting standard, there will be cases in which the best course of action for the ICC and for third country courts will be to defer to the greater wisdom of local actors operating in good faith, and to decline to prosecute. (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)

In September 2010, the International Organization for Standardization adopted a new International Guidance Standard on Organizational Social Responsibility — ISO 26000. This Article, written by a participant in the process of developing the standard over a five-year period, considers the points of intersection between ISO 26000 and public policy, international law, democracy, and the role of the state. The Article is grounded in an analysis of the standard’s negotiating history. The concluding Part reflects on the implications of these observed facts (...) for the development of appropriate descriptive and normative theoretical frameworks and proposes three innovations that could underpin a less problematic relationship between ISO, public policy and the role of the state. (shrink)

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

I consider how a feminist account might address the practice of surrogacy in Japan, both domestically and in the transnational context. Japanese culture emphasizes traditional values, family heritage, and the value of reproduction. Japan offers an interesting case study, since surrogacy is currently under review, and the government is in the process of determining its stance on the practice. I will advocate for legal changes to how surrogacy is treated, suggesting that Japan should eliminate the koseki, or the Family (...) Registration Act, which stipulates that only birth parents may register children as their natural children. A principle of respect for women should be explicitly adopted in setting regulations or guidelines surrounding this practice; additionally, attempts should be made to address citizens’ reproductive needs domestically, thus reducing the global demand for these arrangements. (shrink)

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level (...) of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University. (shrink)

Misrepresentation and mischief in the research process can impact on ethical conduct, the validity of findings and deliberately change the outcome. This short report presents a scenario about deliberate interference in adoption research by one organisation seeking accreditation to deliver adoption services. Unbeknown to the researchers, fake participants completed an online survey designed to capture the post-adoption needs of adult international adoptees living in Australia. Interference was unexpected as it was naively assumed that all stakeholders involved in (...) adoption would be concerned with meeting post-adoption needs. A definition of politically motivated fake participants, implications for the research process, predicting such interference and strategies to address the problem are discussed. (shrink)

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)

The adoption of the French Duty of Vigilance law has been celebrated as a milestone for advancing the transnational business and human rights regime. The law can contribute to harden corporate accountability by challenging the “separation principle” of transnational companies and by obligating companies to report on their duty of vigilance. However, the question of whether the law actually contributes to human rights and environmental protection along global supply chains requires empirically grounded research that connects processes in (...) home and host state countries. This paper contributes to such a new research agenda by linking political ecology literature and empirical insights from the Global South to research on due diligence regulations. With reference to field research data on contestations between the oil and gas company Total E&P and indigenous communities in Bolivia, I argue that the burden of proof and contestations over valid knowledge represent major obstacles when trying to establish legal liability. (shrink)

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

This article examines the dynamics that have turned a recent Marian apparition on the window of a bank in Clearwater, Florida, from a local into a global phenomenon. Drawing from theories of globalization, we show how the apparition exemplifies what sociologist Roland Robertson refers to as the mutually implicative `universalization of particularism and the particularization of universalism'. Among the factors analyzed are global pilgrimage, transnational migration, mediascapes (particularly through the Internet) and the Vatican's New Evangelization initiative. On the basis (...) of this case study, the article argues for the need to go beyond secularization theory - the dominant modernist approach to religion and social change - and to adopt a flexible, polymethodological framework that takes into account the complex, and often contradictory, relations between the local and the global and the mediating roles religion plays. (shrink)

This essay adopts a semiotic perspective focused on practices of communication, movement, and translation to examine the global impact of A. J. Greimas and his oeuvre. The linguist and semiotician’s lecture trips abroad, the number and provenance of international students in his Paris seminar, and the chronology and linguistic geography of translations of his work help describe, gauge, and explain the dissemination and development of his ideas throughout the world. His project has engendered distinctive appropriations and at times productive institutional (...) structures in a number of cultural and linguistic contexts, notably Romance, Anglo-American, Germanic, Russian, Lithuanian, and Chinese. The broader historical relations between France and other lands, and the extent of each society’s use of the French language have conditioned, fostered, or impeded responses to his proposals. The conclusion’s discussion of the relative importance of personal contacts, socio-historical context, and the sociolinguistic and pedagogical status of French for his international reception aims to contribute to general methodological debates in the history of science and ideas and in transnational history. (shrink)

Transnational trade is at the heart of the global economy. Trade relations often transcend both ideological divides and regime type. Trading with autocratic regimes, however, raises significant moral issues. In their recent book, On Trade Justice, Mathias Risse and Gabriel Wollner argue that trade with autocratic regimes is morally permissible only under a very limited set of circumstances. This article discusses the morally permissible trade policies that liberal democracies ought to adopt toward autocratic regimes. Liberal democracies trading with autocratic (...) regimes have a special obligation to improve the human rights conditions in these regimes. This duty is partly based on their complicity in human rights violations and on the fact that the democracies benefit from these violations in their trading relationships. Their responsibility goes beyond the improvement of labor conditions and requires various strategies such as imposing trade sanctions and export controls, and making trade conditional on human rights performance. (shrink)

This article adopts a Systemic Functional Linguistics framework of appraisal theory to interpret the behavioural and attitudinal resources in written narratives and proposes the idea of proximity as an alternative representation to explain the meaning-making process of Chinese students’ possible selves in a less examined context of UK-based transnational university in China, by focusing on the lexical and semantic explanation of how these Chinese students use and are mediated by contextual resources in discourse. Six written narratives were collected from (...) six Chinese students from the School of International Communications at the University of Nottingham Ningbo China. The overall findings revealed that all six Chinese students from different years shaped proximal past, current and future possible disciplinary selves through repeated engagement and positive alignment with the contextual values, although they had differentiated developmental processes of using and being mediated by the contextual recourses. This article concludes by arguing for a need to investigate the Chinese learners in the current changing world by looking at their repertoire experience of disciplinary learning and reservoir context. (shrink)

This article argues that the extension of the international regime of human rights to companies has not changed the essentially state-centric nature of the regime. The analysis focuses on three recent United Nations initiatives: (1) 'Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights', (2) the Global Compact, and (3) the work of the UN special representative on business and human rights. The analysis shows that, despite these initiatives, states are the primary (...) holders of human rights obligations and have a key role in the decision making and enforcement of the regime. Companies have participated to the regime, but they have done so mainly through lobbying governments and thus enforcing the role of states. The analysis also shows that the engagement of new actors to decision-making about the extension of regime norms is essential for norm adoption. Finally, the issue of non-compliant companies needs to be resolved before the regime can be considered established. (shrink)

What does it mean today to talk about intersectionality or, better, about intersectional approaches within the vast and fragmented field of Feminist Studies? And how can intersectionality help understanding the development of transnational feminism, and viceversa? By offering a brief critical genealogy of the notion of intersectionality, from the systemic to the anti-categorial positions that have characterized the debate on this notion, the essay tries to present a reading of the main questions that stemmed from thinking the working of (...) the many power differentials and identity markers that constitute regional, national and transnational subjectivities. In adopting an anti-categorial stance, this work attempts at showing how feminism has changed thanks to different, yet complementary, perspectives on intersectional subject formations and positioning, along with the relational and transnational struggles that have been imagined in order to refine a feminist gaze at every level of social, cultural and political life, be it theoretical, methodological or epistemological. (shrink)

This article provides a transnational analysis of the campaigns for the organization of expeditions to the central Arctic region by the American explorer Elisha Kent Kane and the Prussian cartographer August Petermann between 1851 and 1853. By adopting a comparative approach, this study focuses on three interventions in the history of Arctic science and exploration: the construction of scientific expertise surrounding the relationship between the ‘armchair’ and the field, the role of transnational networks, and the significance of maps (...) as travelling epistemic objects in the production of knowledge about the Arctic regions. In bringing both campaigns in conversation with each other, this article demonstrates that the histories of Kane's and Petermann's campaigns did not constitute isolated episodes but form part of a transnational nexus of imperial science and Arctic exploration in the nineteenth century. Moreover, based on research in libraries and archives in the United States, Germany and England, this study reconnects otherwise siloed collections and contributes new findings on the interpersonal networks of science and exploration. Finally, this article illustrates the importance of adopting comparative transnational approaches for understanding the fluid and reciprocal nature of Arctic science throughout the transatlantic world. (shrink)

Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33 to 50 %, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a “comply or explain” principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of boards of directors (...) and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path-dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives. (shrink)

The combination of corporate-community conflicts and oil transnational corporations' (TNCs) rhetoric about being socially responsible has meant that the issue of community development and poverty reduction have recently moved from the periphery to the heart of strategic business thinking within the Nigerian oil industry. As a result, oil TNCs have increasingly responded to this challenge by adopting partnership strategies as a means to contribute to poverty reductions in their host communities as well as secure their social licence to operate. (...) This paper critically examines the strengths and weaknesses of the different community development partnership (CDPs) initiatives employed by Shell, Exxon Mobil and Total to contribute to poverty reduction within their host communities in the Niger Delta, Nigeria. Drawing on empirical data and critical analysis, the paper argues that while the CDP initiatives by SPDC, MPN and EPNL have the potential to contribute to community development, the failure to integrate negative injunction duties into existing partnerships means that the partnerships make no difference to how oil TNCs conduct their core business operation. Consequently, CDPs have had limited positive impact on poverty reduction in the Niger Delta. The paper concludes by examining the implications of the emerging issues for partnership and poverty reduction. (shrink)

For Europeans who strive for greater justice, there is no more cruel dilemma that the tension between maximal generosity towards the weakest among insiders and maximal hospitality towards the many outsiders who are keen, indeed sometimes desperate, to immigrate into the European Union. Opening the doors wide open would not only increase competition for the jobs, housing and public services which the least advantaged insiders need. It would also threaten the viability, both economic and political, of generous welfare state institutions. (...) And it would shake the fragile institutional framework that supports the imperfect yet exceptional combination of freedom and peace, of prosperity and solidarity which European citizens currently enjoy. Such a diagnosis may need qualification on several counts. But when endeavouring to determine what immigration policy the European Union should adopt, we should not deny or hide or minimize the dilemma it implies. Nor should we surrender to the demands it is likely to inspire to self-interested democratic majorities. We need a sensible conception of what a just world would be like and a pragmatic, no-nonsense, opportunistic approach to the measures that could take us closer to it in the messy world we live in. These measures are bound to be many. But there are at least two that deserve more attention than they usually receive: the efficient use of the diasporas present in our cosmopolitan cities and transnational interpersonal transfer schemes. (shrink)

The global spread of corporate social responsibility (CSR) practices is widely explained in institutional-isomorphic terms: Corporations worldwide adopt CSR in reaction to isomorphic pressures exerted on them by a pro-CSR global environment, including normative calls for CSR, activist targeting, civil regulation frameworks, and educational activities. By contrast, this article considers the proactive agency of corporations in CSR diffusion, which is informed by nonmarket strategies that seek to instrumentally reshape the political and social environment of corporations. Applying a “channels-of-diffusion” perspective, we (...) show that in the initial phase of CSR’s transnational diffusion—as exemplified by the cases of Venezuela (1962-1967) and Britain (1977-1981)—CSR traveled through learning exchanges between business elite “exporters” and “importers” whose engagement in diffusion addressed crisis-enhanced political threats and opportunities in the receiving country. The focal agents established national CSR business associations, which disseminated among local corporations CSR practices adapted to confront the challenges at hand. We identify the features of such “business-led cross-national diffusions of CSR”; formulate propositions regarding their conditions, dynamics, and effects; and suggest that further research of this mode of diffusion would advance a more nuanced and balanced understanding of CSR’s globalization. (shrink)

The paper presents a renewed Habermasian view on transnational multi-stakeholder initiatives and assesses the institutional characteristics of the Equator Principles Association from a deliberative democracy perspective. Habermas’ work has been widely adopted in the academic literature on the political responsibilities of corporations, and also in assessing the democratic qualities of MSIs. Commentators, however, have noted that Habermas’ approach relies very much on ‘nation-state democracy’ and may not be applicable to democracy in MSIs—in which nation-states are virtually absent. We argue (...) that Habermas’ detailed conceptualization of the institutionalization of deliberative democracy can be applied to transnational MSIs if these initiatives can be said to have their own ‘dèmoi’ that can be represented in associational decision-making. Therefore, we develop a definition of the dèmos of an MSI based on the notion of collective agency. Subsequently, we explain how Habermas’ approach to democracy can be applied to MSIs and show that it has more to offer than hitherto has been uncovered. Our illustrative analysis of the EPA confirms the criticisms regarding this MSI which have recently been articulated by researchers and practitioners, but also yields new findings and possible avenues for the further development of the EPA: That is, although our assessment suggests that the EPA in its current state is still far from being a democratic MSI, the possibility of a sensible analysis of its democratic character indicates that transnational MSIs can, in principle, help to fill governance gaps in a democratic way. (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

shrink)

Global Economic Ethic is a stunning set of principles. However, in this response I shall raise some questions concerning its implementation. First, from the perspective of a global Western-based transnational corporation, there are ambiguities in the principles and implementation in practice. Second, from a non-Western cultural perspective, one has to to think about whether and how these principles could be interpreted in different non-European/non–North American cultural settings. Finally, the biggest challenge is whether or how we as individuals, as executives (...) and managers, and as part of the global community work to change political climates of corruption, domination, patronage, and protectionism, climates that hinder or preclude going forward with the adoption and operationalization of these principles everywhere. (shrink)

The reality of globalisation is that it has knitted the world into a single time and place and has introduced the dominant force of consumerism. In adopting this framework, it has frayed the moral fabric of theological education and has short changed students who are configured as consumers to please rather than characters to build. While the demographic centre of faith has shifted southward, its ways of thinking and engaging culture have not yet caught up with that shift. Global interconnectedness (...) and the globalisation of knowledge together with homogenisation forces have shaped African theological education to the extent that it has absorbed the almost irreversible traits of the West. This paper highlights how transnational cultural forms have profoundly impacted the production of theological education and will attempt a response to the homogenising forces by the focus of African identity. (shrink)

If the twentieth century was the age of the world picture taken as a photograph of the Whole Earth from outer space, today’s observations of the planet are produced by means of computer simulation. Pandemic models are of paramount sociological interest in this respect, since modelling contagion is closely intertwined with modelling the material connectivities of social life. By envisioning the global dynamics of disease transmission, pandemic simulations enact the relationscapes of a transnational world. This article seeks to analyse (...) such an enactment: It asks how simulation methods can establish a particular relation to the social from within the social. To provide an answer to this question, and adopting Niklas Luhmann’s theory of world society, pandemic simulations are described as modes of global self-observation that can be specified factually, socially, spatially and temporally. They instantiate a ‘doubling of reality’ designed to apprehend the potential future threat of disease transmission along the pathways marked by global infrastructures. They constitute scopic regimes that virtually synthesize a global situation of universal communicability in order to turn the world into an object of political intervention. (shrink)

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through (...) an innovative, detailed critical analysis, he ties together the central components of social and political justice—freedom, democracy, equality, and toleration—and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice. (shrink)

This article examines the construction and implementation of the Sullivan Principles, a two-decade effort to use corporate codes of conduct to improve the behavior of multinational corporations in South Africa under apartheid. Without organized social movement pressure, corporations would not have agreed to adopt the code, and corporate compliance required sustained pressure from the anti-apartheid movement. The system's independent monitoring process was problematic, and managers' definitions of “good corporate citizenship” were more guided by monitors'emphases than by substantive concerns. Based on (...) the historic case, the article raises questions about the voluntaristic, stateless character of transnational corporate codes of conduct and questions whether such codes offer a viable strategy for improving working conditions. (shrink)

The remarkable growth in the application of information and communications technologies indicates a great shift toward a globally integrated society. The urban metropolises are turning into intersections of transit and migration of goods, capital, services, cultures, knowledge and especially people. Moreover the flow of bodies, information and money is changing the rules of what defines national territory, space and identity. Social realities with specific qualities are appearing, implying a new spatial correlation between the local and the global. International airports and (...) within emerging extraterritorial zones have become an important threshold controlling the flow of people in a free market economy. The airport border mutates into an abstract space permeating the physical territory of the airport and beyond. This abstract border space, within which mobile bodies operate, is created by a bureaucratic system of inclusion and exclusion particular to transition states. Transit zones at airports emerge because of a complex set of factors: border crossing as well as increasingly stringent security and safety regulations. The innumerable thresholds within these transit zones are points of congestion governed and increasingly supported by technological systems of identification. Within the transnation state, the movement of bodies is the constant subject of streaming and proceduralization. Increasingly, the conventional system of control based on face-to-face interaction between the controlling and the controlled is being replaced by the algorithmic precision of database logic. The paradigm of pattern matching ensures precise verification of the uniqueness of the body, in turn offering new potentials for permeability and flux. These different orders of legal and economic categorization create manifold sub-territories accessible to select groups of travellers. Nowadays, the airport is a transnation state spatialized through a new order of architecture, a manifestation of technology of abstract procedures of transition, inclusion and exclusion, adopting emergent patterns of socio-spatial mobility in a globalized network. (shrink)

This article argues that the key crisis that has overtaken today’s global economy is the classical capitalist crisis of over-accumulation. Reaganism and structural adjustment were efforts to overcome this crisis in the 1980s, with little success, followed by globalization in the 1990s. The Clinton administration embraced globalization as the “Grand Strategy” of the United States, its two key prongs being the accelerated integration of markets and production by transnational corporations and the creation of a multilateral system of global governance, (...) the pillars of which were the World Trade Organization, the International Monetary Fund and the World Bank. The goal of creating a functionally integrated global economy, however, stalled, and the multilateral system began to unravel,thanks among other things to the multiple crises created by the globalization of finance, which was the main trend of the period. In response partly to these crises, partly to increasing competition with traditionally subservient centre economies, and partly to political resistance in the South, Washington under the Bush administration has retreated from the globalist project, adopting a nationalist strategy consisting of disciplining the South through unilateralist military adventures, reverting to methods of primitive accumulation in exploiting the developing world, and making other centre economies bear the brunt of global adjustments necessitated by the crisis of over-accumulation. (shrink)

The emergence of vibrant research communities of computer scientists in Kenya and Uganda has occurred in the context of neoliberal privatization, commercialization, and transnational capital flows from donors and corporations. We explore how this funding environment configures research culture and research practices, which are conceptualized as two main components of a research community. Data come from a three-year longitudinal study utilizing interview, ethnographic and survey data collected in Nairobi and Kampala. We document how administrators shape research culture by building (...) academic programs and training growing numbers of PhDs, and analyze how this is linked to complicated interactions between political economy, the epistemic nature of computer science and sociocultural factors like entrepreneurial leadership of key actors and distinctive cultures of innovation. In a donor-driven funding environment, research practice involves scientists constructing their own localized research priorities by adopting distinctive professional identities and creatively structuring projects. The neoliberal political economic context thus clearly influenced research communities, but did not debilitate computing research capacity nor leave researchers without any agency to carry out research programs. The cases illustrate how sites of knowledge production in Africa can gain some measure of research autonomy, some degree of global competency in a central arena of scientific and technological activity, and some expression of their regional cultural priorities and aspirations. Furthermore, the cases suggest that social analysts must balance structure with culture, place and agency in their approaches to understanding how funding and political economy shape scientific knowledge. (shrink)

Judicial Deliberations compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy. Examining the judicial argumentation of the United States Supreme Court and of the French Cour de cassation, the book first reorders the traditional comparative understanding of the difference between French civil law and American common law judicial decision-making. It then uses this analysis (...) to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice. Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach. (shrink)

The United Nations Special Representative on Transnational Corporations and Human Rights, John Ruggie, has adopted a new framework for considering this issue within the international legal system. This article examines this framework in terms of its coherence, its consistency with international human rights law and how it can be 'operationalized' (which is required by the United Nations). In regard to the states legal obligation to protect human rights, it is considered whether this obligation is broader and deeper than is (...) envisaged in the framework, especially if it can include the extra-territorial activities of corporations. The corporate responsibility to respect human rights is examined in terms of its conceptual and definitional problems, and the article also questions whether there will be sufficient legal remedies available to victims under the framework. (shrink)