Human rights and sovereignty are generally construed as disputatious, if not entirely incompatible; the liability of the former constrains the license of the latter. This article challenges the certitude of that notion and argues that democratic, isocratic, and humanistic elements, or what may be thought of as precursors of human rights, are actually embedded in early theories of sovereignty, including what I call Bodin’s hierarchical, Althusius’ confederative, Hobbes’ singular, and Hegel’s progressive/constitutional sovereignty. Despite the differences in governmental structure to which (...) each attaches sovereignty, each disassociates sovereignty from its agents (who does the work of supreme authority) and aligns it to its end (the good of citizens). From them I derive eight theses to ground a democratic, human rights friendly conception of sovereignty, which aids in bridging the divide between human rights advocacy and sovereign defenders. (shrink)

Previous literature has shown contradictory results regarding the relationship between economic liberalism at the country level and firms’ engagement in corporate social action. Because liberalism is associated with individualism, it is often assumed that firms will engage in mostly symbolic rather than substantive social and environmental actions; in other words, they will practice “greenwashing.” To understand how cultural beliefs in the virtues of liberalism affect the likelihood of greenwashing, we disentangle the effects of the distinct and co-existing beliefs in the (...) virtues of economic liberalism. We begin by conducting an exploratory qualitative analysis of managers’ sentiments on this matter, based on a focus group methodology. We then use these investigative elements to articulate a comparison of the conflicting theoretical arguments: in liberal contexts, are firms, as social entities, inherently selfish or pro-active when it comes to CSA? We empirically test our hypotheses on a large-scale dataset. Finally, we show paradoxically that in countries where beliefs in the virtues of competition are strong, firms are more likely to greenwash, while in countries where beliefs in the virtues of individual responsibility are prominent, firms are more likely to focus on concrete actions. These findings suggest that in contexts where weak governments are seen as ideal, firms might feel the need to step into fill institutional voids, in contexts in which competitive mindsets dominate, this tendency is counterbalanced. (shrink)

Migrants invariably and unavoidably experience domination under the nation-state centered concepts, categories, and institutions that structure our political thinking. In response, we need to build new forms of citizenship, including local, regional, transnational, and supranational forms of belonging, accompanied by meaningful, democratic, political power. In this paper, I examine historical and present-day alternative models of political organization as possible viable alternatives to state-centric liberal democracy. It begins the task of assessing these models using radical republican theory that grounds non-domination in (...) the active and equal participation of people subject to power.I have three broad aims. First, we need to break down the native-migrant dichotomy to highlight commonalities and search for solidarities among migrants and other marginalized and oppressed groups, including indigenous groups. Second, I seek to awaken the political imagination. Many people do not believe there are viable alternatives to liberal democracy centered around the nation-state. In response, we should draw attention to the ways in which the nation-state’s hegemony is fragile and fragmented and the ways in which sovereignty is complex and contested. Most importantly, we need to consider alternative models for inspiration. Third, we need tools for assessing the desirability of alternatives and for building new forms of citizenship.In what follows, first I explain why the dominant, nation-state centered model of political organization is unable to deliver justice in today’s world, or, indeed, address the collective dangers that humanity faces. I next provide a sketch of a radical republican vision that provides normative guidance our thinking about alternative institutions. I end by using this radical republic vision to reflect on possibilities to guide efforts to remake the world. (shrink)

What are the respective roles and responsibilities of global, national, and local communities as well as individuals themselves to address health deprivations and avert health threats? This article offers the beginnings of a theory of global health justice, arguing for universal ethical norms (general duty) with shared global and domestic responsibility (specific duties) for health. It offers a global minimalist view I call ‘ provincial globalism ’ as a mean between nationalism and cosmopolitanism, in which a provincial consensus must accompany (...) a global consensus on health morality. This minimalist account asserts global and national duties to promote human flourishing and, more specifically, individuals’ central health capabilities. In this view, justice requires prioritizing responsibilities through shared health governance to reduce shortfall inequalities in central health capabilities — a general duty to reduce premature mortality and escapable morbidity. It examines the difficulties presented by the philosophical principles of connectedness, causality, remediation, partiality, and capacity in the allocation of responsibility for global health. It offers a theory of responsibility allocation based on a functional, health agency centered and homeostatic balanced understanding of the analytical components required to solve global health problems and parcels out roles and responsibilities at the global, national, local, and individual levels accordingly. Allocations of responsibility rest on the effectiveness and special obligations of different actors, respecting self-determination by groups and individuals and seeking voluntary commitments . This view understands that the remedy for global health problems must be sustainable to take nations and the global health community to a new global health equilibrium that remedies current problems and prepares for new health threats to come. (shrink)

In International Relations arguments about historical origins provoke theoretical debates, as origins assume an emergent theoretical unit of inquiry - an international order, system, society, etc. - while at the same time defining its core properties and dynamics. By boldly casting the long 19th century as the origin of global modernity and, in turn, the modern international order, Buzan and Lawson's The Global Transformation challenges the romance with Westphalia that undergirds so much of our theorizing. Yet, the contributions to this (...) symposium push deeper than usual, challenging established ways of conceiving change, and suggesting very different models of proper theorizing. While all of the papers ostensibly debate large-scale systems change, three modes of change are in contention: breakpoint, evolutionary, and processual. The further one pushes towards the latter, however, the more elusive the idea of 'system' becomes, eroding the fundamental boundary condition that undergirds the systemic mode of theorizing that dominates the field. Similarly, a persistent theme in these contributions is Buzan and Lawson's purported failure to theorize change. But instead of offering rival theories, contributors advance very different conceptions of theorizing, from pre-observational conceptualization to causal explanation. This not only challenges the field to reflect more systematically on the process of theorizing, but to acknowledge forms of theorizing that it currently brackets. (shrink)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...) as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

Substantive renderings of tyranny, hegemony or anarchy as governance forms within international law seldom appear. When invoked, tyranny and anarchy are presented as exceptional while hegemony, in accounts often borrowed from international relations scholarship, is defined as mundane and a natural explanation of international legal governance. This article puts forward substantive accounts of all three—tyranny, anarchy and hegemony—and utilises these to understand a single event, the airstrikes against Syria after the use of chemical weapons by the Assad Government in 2018. (...) This event is first described in detail. The article examines the current use of the three theories in international legal theory and considers their substantive content. Next, these three theories are applied both singularly and in combination to the events in Syria to demonstrate what can be observed about international law through their deployment. This article shows the value of understanding the operation of international law through each of these prisms in their substantive form but also, and most markedly, what can be understood when all three frames are combined to explore a single event. (shrink)

In reality, most state actors—especially those in the developing world—are usually incapable of effectively governing all facets of their territory. This has necessitated the intervention of non-state actors (in this instance, corporations), who through their social responsibility engagements act as functional equivalents to state-driven government. Using empirical data, this article evaluates the “governance” interventions of corporations in the oil industry in Nigeria’s Delta region. While arguing that the area qualifies as an area of limited statehood, the article asserts that corporate (...) social responsibility practices that are based on Western (neoliberal) approaches cannot contribute effectively to the sustainable development of host-communities. In this context, the article contends that since the social responsibility engagements of corporations in the Niger Delta (as in most developing countries) are influenced by a pro-West philosophy, the end result is a business responsibility engagement which is ineffective as a development strategy. (shrink)

The article scrutinizes Michel Foucault’s interpretation of Machiavelli in his famous lecture on governmentality. Foucault is slightly misguided in his search for the origins of governmentality, the article asserts. Foucault gives credit for the development of what he calls a new art of government to anti-Machiavellian treatises, but also follows those treatises in their distorted interpretation of Machiavelli. Consequently, Foucault’s analysis gets confused and regards as novel those arguments and developments that were essentially of ancient pedigree compared with Machiavelli’s ideas. (...) The article discusses especially two points in Foucault’s interpretation of Machiavelli: Foucault’s insistence on the singularity of the prince in Machiavelli and the importance of territory to Machiavelli. In both of these points Foucault is beside the mark. Foucault’s interpretation inverts the development of an art of government and regards as new those ideas that were fundamentally reactionary vis-à-vis Machiavelli’s ideas. The article suggests that a more viable lead in searching for an art of government might be found from Machiavelli’s writings and the republican experience of the late medieval Italian city-states rather than from the birth of administrative monarchies of the 16th and 17th centuries. Therefore, the article concludes that Foucault is somewhat misled in contextualizing the birth of governmentality, a view which also has some wider implications for the whole framework of governmentality Foucault is trying to develop. (shrink)

The legitimacy of humanitarian intervention has been contested for more than a century, yet pressure for such intervention persists. Normative evolution and institutional design have been closely linked since the first debates over humanitarian intervention more than a century ago. Three norms have competed in shaping state practice and the normative discourse: human rights, peace preservation, and sovereignty. The rebalancing of these norms over time, most recently as the state’s responsibility to protect, has reflected specific international institutional environments. The contemporary (...) legitimacy of humanitarian intervention is based on UN Security Council authorization of the use of force. Although the Security Council is often viewed as representative of great-power influence, international acceptance of its role is based on the role of non-permanent members and their support for the sovereignty norm. The current rebalanced norms supporting humanitarian intervention, institutional bias that protects state sovereignty, and the changing character of mass violence may undermine the tenuous contemporary legitimacy of humanitarian intervention. Normative adjustments and new institutional designs are required to insure the legitimacy of international action that protects populations against mass violence. (shrink)

In Europe and other regions of the world public debate concerning how many immigrants should be admitted, which rights those admitted should have, and which conditions can be required for access to citizenship is intense and enduring, and these have increasingly become central electoral issues. On the one hand, the harsh treatment of migrants is often a matter of public criticism; on the other hand, states are concerned about problems of welfare, security and social unrest that they have come to (...) associate with large-scale migration. At its most fundamental level, this debate concerns the question of how best to balance particularist principles of democratic self-determination and state sovereignty and universalist principles of individual freedom and human rights. The articles in this special issue examine whether the concept of domination can cast a distinctive light on the normative issues arising in this tension between state sovereignty and universal principles with respect to migration and the position of non-citizens in contemporary liberal democratic states. These issues arise both externally insofar as foreigners are subject to migration controls, and internally insofar as migrants live in states of which they are not full members. The issue thus examines the potential of domination as a concept to bring to bear on issues of migration controls, differential residence statuses and access to membership. (shrink)

Freedom as non-domination provides a distinctive criterion for assessing the justifiability of migration controls, different from both freedom of movement and autonomy. Migration controls are dominating insofar as they threaten to coerce potential migrants. Both the general right of states to control migration, and the wide range of discretionary procedures prevalent in migration controls, render outsiders vulnerable to arbitrary power. While the extent and intensity of domination varies, it is sufficient under contemporary conditions of globalization to warrant limits on states’ (...) discretion with respect to admission. Reducing domination requires, rather than removing all immigration restrictions or democratically justifying them to all, that there be certain constraints on states’ freedom to control migration: giving migrants a publicly secured status somewhat analogous to that enjoyed by citizens, subjecting migration controls to higher legal regulation, and making immigration policies and decision contestable by those who are subject to them. (shrink)

A disturbing question is whether NATO’s action implies that states endowed with the advanced military assets that were brought to bear against Serbia will adopt a casual policy on the conduct of limited war, a policy at odds with the lessons of the twentieth century.

This essay analyzes the doctrine of “humanitarian intervention” in the frame of international law in the second half of nineteenth century and identifies the ground of legitimation of this intervention in the violation of presumed universal laws of humanity. The analysis emphasizes the transformation of the paradigm of “humanitarian intervention” into the current doctrine of the “responsibility to protect,” which under the rubric of “responsibility” legitimizes limitations on a state's sovereignty in cases where the state fails to guarantee the protection (...) of its own population. This reconstruction of the genealogy of “humanitarian intervention” illustrates the continual exceptions to the principle of nonintervention, which means that the Westphalian principle of sovereignty has always been violated. Both doctrines—humanitarian intervention and the responsibility to protect—can be considered “hegemonic techniques” that use so-called universal concepts in order to legitimize unilateral power interests. (shrink)

Review Essay: A Review of Tom Nairn and Paul James, Global Matrix: Nationalism, Globalism and State-Terrorism ; Jan Nederveen Pieterse, Globalization or Empire? ; Patrick Hayden and Chamsy el-Ojeili, Confronting Globalization: Humanity, Justice and the Renewal of Politics.

Modern International Relations theory has consistently underestimated the depth of the problem of anarchy in world politics. Contemporary theories of globalisation bring this into bold relief. From this perspective, the complexity of transboundary networks and hierarchies, economic sectors, ethnic and religious ties, civil and cross-border wars, and internally disaggregated and transnationally connected state actors, leads to a complex and multidimensional restructuring of the global, the local and the uneven connections in between. We ought to abandon the idea of ‘high’ and (...) ‘low’ politics, ‘inside’ and ‘outside’ once and for all. This does not remove the problem of anarchy but rather deepens it, involving multidimensional tensions and contradictions variously described as ‘functional differentiation’, ‘multiscalarity’, ‘fragmegration’, disparate ‘landscapes’, the ‘new security dilemma’ and ‘neomedievalism’. Approaching anarchy from the perspective of plural competing claims to authority and power forces... (shrink)

As global governance institutions proliferate and become more powerful, their legitimacy is subject to ever sharper scrutiny. Yet what legitimacy means in this context and how it is to be ascertained are often unclear. In a previous paper in this journal, we offered a general account of the legitimacy of such institutions and a set of standards for determining when they are legitimate. In this paper we focus on the legitimacy of the UN Security Council as an institution for making (...) decisions concerning the use of military force across state borders. The context for this topic has changed over the last decade as a result of the ongoing development of the responsibility to protect (RtoP) doctrine and extensive discussions about it in the United Nations. Yet the mostly widely accepted proposals for RtoP still require Security Council authorization for forceful intervention, and strictly limit the conditions under which such intervention may take place. (shrink)

Some have argued that the UN or the Security Council can exercise agency on behalf of IS, but in view of the "underinstitutionalization" of IS in the UN, groups of states may authorize themselves to act on the behalf of IS as "coalitions of the willing.".

How has the international community responded to humanitarian crises after the end of the Cold War? While optimistic ideational perspectives on global governance stress the importance of humanitarian norms and argue that humanitarian crises have been increasingly addressed, more skeptical realist accounts point to material interests and maintain that these responses have remained highly selective. In empirical terms, however, we know very little about the actual extent of selectivity since, so far, the international community’s reaction to humanitarian crises has not (...) been systematically examined. This article addresses this gap by empirically examining the extent and the nature of the selectivity of humanitarian crises. To do so, the most severe humanitarian crises in the post-Cold War era are identified and examined for whether and how the international community responded. This study considers different modes of crisis response (ranging from inaction to military intervention) and different actors (including states, international institutions, and nonstate actors), yielding a more precise picture of the alleged “selectivity gap” and a number of theoretical implications for contemporary global security governance. (shrink)

International law’s legitimacy has come under serious attack lately, including, and maybe even more so, in regimes considered democratic. Reading Dworkin’s New Philosophy for International Law in the current context is a timely reminder of the centrality of the political legitimacy of international law. Interestingly, indeed, his account does not succumb to the (however progressive) cosmopolitan ideal of an international political community. Nor is it reducible to a concern for domestic justice in which political legitimacy is only self-regarding. By revisiting (...) seventeenth century international legal theories, Dworkin sends both cosmopolitans and statists back-to-back. He (re-)discovers a third way in which to conceive of statehood today: not on its own, but in a mirror-image fashion and against the background of the international institutional order without which there would be no equal sovereign States, but no individual equality either. Carrying Dworkin’s argument forward, this article identifies and discusses three of its crucial contributions with respect to the objects, subjects and institutions of international legitimacy that deserve further attention. It concludes with different proposals regarding the design and organization of other international institutions than States, both public and private, by reference to their relationship to States (and their people). According to Dworkin, this should enable us to improve not only the legitimacy of the international institutional order as whole, but also the political legitimacy of each State therein since both are mutually related. (shrink)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

Over the decades, scholarly discourses on sovereignty and globalization have been produced following various theories and numerous debates about the strength and weakness of the sovereign nation-state and globalization. In this paper, the various theories on the discourse of sovereignty and globalization are traced and placed into four categories as: contending paradigm, globalization paradigm, transformation paradigm and complementary paradigm. Both concepts, sovereignty and globalization, are explored by adopting the methodological framework, sources of explanation. The argument is that there is an (...) intricate relationship between these concepts. To determine the relationship between sovereignty and globalization, three world systems were examined and it revealed that, globalization is born of the sovereign nation-state and that globalization can only be assert in the current sovereign world system and not the ones preceding it. The overall conclusion is that globalization emerged as a result of sovereignty and since the discourse of sovereignty and globalization is about the same space and its inhabitants, they are bound to be discursively set against each other if the discourse focusses solely on the phenomena seen as globalization. The forces of globalization and sovereignty need to be further researched into to be able to tell where they are leading us. (shrink)

This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...) physical and financial insecurity. (shrink)

The key issue of social life is the problem of solidarity. This problem, as the recent events show, will grow more acute in the near future, both in Russia and around the world, which is especially evident in the crisis. The paper will consider the question of solidarity in the context of the theory of sociology. As the outcome of this investigation the increase both in the knowledge of social life and in the theoretical resources for its study is expected (...) to be. Thus, the research is considered to become, first of all, the contribution to the theory of sociology, but not formal sociology — rather pithy one, oriented towards the current issues’ resolving. (shrink)