Transnational cooperation -- Principles of collective action and game theory -- Market failure and collective action -- Transnational public goods: taxonomy, institutions, and subsidiarity -- Sovereignty, leadership, and us hegemony -- Foreign aid and global health -- International trade -- Global finance -- Transnational crime: drugs and money laundering -- Political violence: civil wars and terrorism -- Rogue and failed states -- Environmental cooperation -- Conclusion.

Organised crime is chameleonic in nature. It is transnational, dynamic, overlapped criminal activities and pervasive in nature. In the same way, money laundering is the predicate offence and it is naturally linked to other organised crimes. After the cold war, this nexus culminated during the occurrence of 9/11 in particular which was a lethal combination of money laundering and terrorist financing. This combination is currently being experienced by Pakistan; where various terrorist groups are involved with direct and indirect (...) support of proceeds from drug trafficking, assassination, land grabbing, arms smuggling and various other organised crimes routing through the abusage of financial and non-financial channels and support to terrorism. This has left serious socio-politico and economic consequences in the south Asian region and global as well. The researcher found very limited evidence of money laundering characteristics in the existing research literature on Pakistan. Thus to carry out research work on the subject was need of the hour in Pakistan. This led the researcher to find out root causes and existing weaknesses at the regime’s end in countering financial crime and financing of terrorism. (shrink)

Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...) against humanity. Although the United States Code characterizes trafficking as a transnational crime with national implications, (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned in practice largely as what might be judged a stateless offense, out of the purview of both international and national courts. Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of international criminal law and an illustration of how far current international legal institutions remain from ideal justice. (shrink)

After some introductory remarks on the German legal system and German legal politics, the main forms of datanet crime on the Internet are sketched. After that, one of the most important Internet-cases of the last decade, the CompuServe case, is discussed in some detail. One of the main problems of datanet crime is its global reach. The world-spanning nature of the cyberspace significantly enlarges the ability of offenders to commit crimes that will affect people in a variety of (...) other countries. On the other hand, the jurisdiction of national criminal law cannot be expanded at will by any single nation. A transnational criminal law for the Internet is possible but should be restricted to the defence of universally (or nearly universally) accepted interests and values. In effect, it seems that the problems of computer-related crime on the Internet cannot be solved by criminal law alone. (shrink)

The new technologies of television viewership following the digital turn have introduced new anxieties and possibilities. While new screen cultures facilitate a transnational viewership, the importance of ethically and morally grounded representations cannot be overstated. In this context, Delhi Crime, the Emmy award-winning Indian series based on the Delhi gang rape and murder of a 23-year-old woman in Delhi, will be instrumental in informing the ethico-political concerns that ought to be prioritized while representing the subaltern subject and the (...) novel socialites fashioned through the new viewership patterns. This article attempts to understand the way in which the emerging screen economies provide new terrains for ethical representation and engendering digital publics. Thus, this article is interested in understanding the intersection of media ecologies and ethico-political concerns to introduce new dialectical possibilities. (shrink)

We examine crime that emerges from the global restructuring of agriculture and food systems by employing the case of the Australian “Ship of Death,” whereby nearly 58,000 sheep were stranded at sea for almost 3 months in 2003, violating the Western Australia Animal Welfare Act of 2002. This case demonstrates that the acceleration of transnational trade networks, in the context of agri-food globalization, victimizes animals and constitutes a crime. Herein, we examine this case in depth and show (...) how economic restructuring, driven by a “logic of capital” orientation, can exert pressure on the state causing it to fail to enforce its own regulations and in this way engage in criminal actions. (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)

Widespread and systematic rape pervaded both the genocides in Bosnia-Herzegovina in 1992 and in Rwanda in 1994. In response to these conflicts, the Yugoslav Tribunal (ICTY) and the Rwandan Tribunal (ICTR) were created and charged with meting justice for crimes committed, including rape. Nevertheless, the two tribunals differ in their relative success in administering justice for crimes of rape. Addressing rape has been a consistent element of the ICTY prosecution strategy, which resulted in gender-sensitive investigative procedures, higher frequencies of rape (...) indictments, and more successful prosecutions. In contrast, rape has not been a central focus of the ICTR prosecution strategy, which resulted in a sporadic approach to gender-sensitive investigative procedures, inconsistent rape indictments, and few successful prosecutions. What accounts for this disparity in rape prosecutions between the Rwandan and Yugoslav tribunals? Building off the existing literature that discusses factors such as legal instruments and resource capacity of the tribunal, this article argues that transnational advocacy helped generate the necessary political will to adopt and implement legal norms regarding crimes of sexual violence at the ICTY and the ICTR. Following the importance of transnational advocacy as agents of norm change, this paper also explores the antecedent conditions of advocacy mobilization that conditioned different levels of mobilization vis-à-vis the ICTY and the ICTR, including media attention and framing, connections and interest match with local groups, and geopolitical context. (shrink)

This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours (...) criminal activity within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject. (shrink)

Since the collapse of the Soviet Union, conflict in the former USSR has been a key concern in international security. This book fills a gap in the literature on violent conflict, evaluating a region that contains all the modern ingredients for instability and aggression. Bringing together leading experts on war and security, the book addresses current debates in international relations about power, interests, globalisation and the politics of identity as major drivers of contemporary war. Incidents such as the 2008 Russo-Georgian (...) conflict, the wars in Chechnya, and Russia's struggles over national identity and resources with former communist states are all thoroughly examined. With new issues like energy security, terrorism and transnational crime, and older tensions between East and West threatening to deepen once more, this is an important contribution to the international security literature. (shrink)

У статті визначено основні загрози збереження культурної спадщини країн, що виникають при переміщенні їх культурних цінностей через митний кордон. Обґрунтовано, що для України такими загрозами є: а) відсутність нормативно-правових актів, які б регулювали питання проведення митного контролю за ввезенням культурних цінностей в Україну; б) відсутність системи розрізнення культурних цінностей та предметів культурного призначення; в) неврегульованість у законодавстві принципів ідентифікації культурних цінностей; г) відсутність спеціалізованого органу, який вирішує питання можливості переміщення культурних цінностей через митний кордон країни; д) невідповідність національного свідоцтва на (...) право вивезення культурних цінностей міжнародним стандартам та встановленим відповідним документам; е) відсутність електронного реєстру виданих свідоцтв на право вивезення культурних цінностей з України; є) слабкість та неефективність організації митного та іншого видів контролю за ввезенням культурних цінностей, що сприяє розвитку нелегального ринку культурних цінностей та використання України як транзитної території. Проаналізовано заходи Інтерполу, ЮНЕСКО та Міжнародної ради музеїв щодо боротьби із незаконним обігом культурних цінностей. Здійснено оцінку існуючого порядку переміщення культурних цінностей через митний кордон України та обґрунтовано ймовірні ризики. (shrink)

The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...) consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self-defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth-century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the "just authority" of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near-unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions. (shrink)

The idea of cosmopolitanism is increasingly in circulation both in the social sciences and in the language of everyday life. There is, however, much uncertainty about what it means, what it refers to and what role it plays in social scientific thinking. In this book Robert Fine explores the concept of cosmopolitanism, its contribution to critical thought, and its application to a number of pressing political issues: taming global marketisation, resisting the resurgence of nationalism and fundamentalism, constructing transnational forms (...) of political community, enhancing the role of international law and human rights, prosecuting crimes against humanity and assessing the legitimacy of humanitarian military intervention. He explores the idea of cosmopolitanism both as a description of social reality and as a key element in the life of the modern mind. Cosmopolitanism offers an innovative discussion of the social, legal and political dimensions of the cosmopolitan turn in the social sciences. It should be of interest to students and researchers in the fields of social theory, sociology, political theory, cultural studies, international relations and law."--Book cover. (shrink)

This article proposes the political organisation of interstate integration – characterised by functional differentiation and unbundled multi-level territoriality – as a political ideal type. The theoretical foundations and empirical conditions of this new form of political organisation are explored focussing on basic security threats, such as nuclear armament, transnational terrorism, and organised crime. The empirical conditions of multilateral democratic integration are not essentially different from the conditions of democratic state-building and not limited to Europe. The political reality of (...) multilateral integration is often misperceived in political theory. This is due, either to the uncritical presupposition of a traditional political ontology, defined by an essentialist understanding of the unitary state; or by an apolitical discourse on flows and scapes that loses sight of the specific features of political authority in the postnational realm. (shrink)

In 2005, seven European countries signed the so-called Prüm Treaty to increase transnational collaboration in combating international crime, terrorism and illegal immigration. Three years later, the Treaty was adopted into EU law. EU member countries were now obliged to have systems in place to allow authorities of other member states access to nationally held data on DNA, fingerprints, and vehicles by August 2011. In this paper, we discuss the conditions of possibility for the Prüm network to emerge, and (...) argue that rather than a linear ascent towards technological and political convergence and harmonisation, the story of Prüm is heterogeneous and halting. This is reflected also in the early stages of implementing the Prüm Decision which has proven to be more challenging than it was hoped by the drivers of the Prüm process. In this sense, the Prüm network sits uncomfortably with success stories of forensic science . Instead of telling a story of heroic science, the story of Prüm articulates the European dream: one in which goods, services, and people live and travel freely and securely. (shrink)

In June 2016, Qandeel Baloch, a 26-year-old Pakistani social media star, was murdered. Her death sparked both public outrage and a policy debate around ‘honour killing’, digital rights and sex-positive sexuality across Pakistan and its diasporas. Qandeel challenged what constitutes a proper Pakistani woman, an authentic Baloch and a respectable digital citizen. As a national sex symbol, she failed at the gendered workings of respectable heterosexuality, and during her short lifetime she optimised this failure and public fetish as a technologically (...) mediated social currency (clicks, hashtags, comments, likes, reposts) to build a transnational celebrity brand. I centre Qandeel Baloch’s life and afterlives to think through the economic entanglements of honour, racialised ethnicity, coloniality, sexual violence and social media at the intersections of globalised anti-Blackness and honourable brownness as a matter of global capital. Within these complex registers of coloniality, Qandeel’s life and brutal murder necessitate a rethinking of categories of racialised ethnicity (Baloch), sexual labour (racial capital) and social media (digitality) as vectors of value for capitalism and nationalism. By centring Qandeel, I define honour as a form of racialised property relations. This rereading of honour, as an economic metric of heteropatriarchy, shifts my lens of honour killing from a crime of culture to a crime of property. Women’s honour functions as a necrocapitalist technology that constructs female and feminine bodies as the debris of heterosexual empire through racialised, gendered and sexualised property relations. These relations and registers of honour get further complicated by social media currency and discussions around digital rights, privacy and freedom of expression. Honour is, therefore, the economic management of sexual morality produced through race, religion and imperialism. (shrink)

Malgré le développement des droits de l’homme et l’apparition d’une justice pénale internationale, la mondialisation lance de nouveaux défis à l’humanisme juridique : durcissement du contrôle des migrations, aggravation des exclusions sociales, multiplication des atteintes à l’environnement, persistance des crimes internationaux « les plus graves », risques d’asservissement créés par les nouvelles technologies. Humaniser la mondialisation renvoie à trois objectifs : résister à la déshumanisation, responsabiliser les acteurs, anticiper sur les risques à venir. Pour y contribuer, il faudrait une mutation (...) de la notion d’ordre juridique car le modèle souverainiste (ordre international), postulant l’autonomie de chaque État, est dépassé. Mais l’universalisme (ordre supranational), comme l’ultra-libéralisme (ordre transnational), risquent de conduire à l’impérialisme du plus puissant. D’où la recherche d’un «pluralisme ordonné», combinant souverainisme intégré, universalisme assoupli et libéralisme régulé. (shrink)

This article seeks to explore the relationship between populism, 21st-century socialism, and the emergence of what has been referred to as an ‘ estado delincuente’, in the case of Venezuela. That is, a state structure permeated with transnational organized crime mafias in the executive and the judiciary, in the financial system, the prosecutor’s office, the police, the armed forces, the prison system, state-owned companies, governorships, and city councils, among other state institutions. First, I review conceptual aspects of populism (...) to understand how this served as the basis for creating the postulates of 21st-century socialism, which promoted the institutional destruction of Venezuelan democracy and created the conditions for the unbridled dissemination of state corruption. Second, emblematic cases of white-collar and blood crimes, nepotism and other corrupt activities are discussed to provide an idea of the magnitude of the issues that permeate the state apparatus. To conclude, I provide a critical summary of the consequences of this way of doing politics in contemporary Venezuela. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

More than a decade has passed since the tragic events that took place in America in the dramatic day of September 9th 2001. For the first time since the end of the second World War, the United States were being attacked on their own territory, without prior notice, by a non-state military force which was globally organised, for religious and ideological reasons. The terrorist attacks planned and executed by the terrorist organisation Al-Qaeda on American military and civilian targets have reconfigured (...) the international security environment. The author remarks that the security of the European continent is inextricably linked to what happens outside its external borders. Transnational organized crime, illegal human trafficking, illegal migration, traffic of drug, weapons, ammunition and portable vectors, the proliferation of illegal trade of radioactive and other "sensible" technologies, the expansion of terrorist networks – they all represent threats to the Eastern border of Romania and concern the security of the EU Eastern neighbourhood. (shrink)

The latest discussions about civil society have been reconsidering the globalization processes, and the theoretical discourse has been broadened to include the notion of the global civil society. The notion and the practice of a civil society are being globalized in a way that reflects the empirical processes of inter-connecting societies and of shaping a world society. From the normative-mobilizing perspective, civil society activists and theoreticians stress the need to defend the world society from the global threat of a nuclear (...) war, environmental catastrophes, crime and violence, domination of world powers over the fate of individual countries and societies, i.e. the need to oppose the tendency of “power policy” on the world level, and to defend the autonomy of the society as one compatible primarily with the expansion of policies based on the rule of law worldwide, and incompatible with the policy of force, state reasons, and domination of world power-centers. The globalization processes result in a conflicting and/or assimilative crossing of civilizations and cultures, as well as controversial tendencies of, on one hand, attempts for the introduction of international political institutions and the adoption of international conventions for human rights’ protection, for the defense of democratic values, for combating terrorism and segregation on various grounds, thus leading to a global standardization of the human-rights culture and of democratic political and legal order, and on the other, of rising xenophobia, particularization and ethno nationalism, civil wars, ecological threats, global terrorism, threat of hunger problem, nuclear war, new disease, etc. Contemporary victory of liberal and democratic values is the positive reach, but followed by the contested issue of sovereignty, urban decay, racism, ethnic cleansing, xenophobia, failing political legitimacy , and followed at the world scale by: global injustice, poverty, environmental dangers, mass and deadly diseases, oppression of minority groups, relentless growth of population, political and economic power great asymmetries, terrorism at the global scale, threat of a nuclear disaster, etc. Global civil society has three dimensions: 1) empirical phenomena of globalized social relations, interconnections, 2) mobilizing, formative force of the project/vision, and 3) social actors at the global/transnational level. The anti-globalization movement is an effort to counter perceive negative aspects of the current process of globalization. Although adherents of the movement often work in concert, the movement itself is heterogeneous and includes diverse, sometimes opposing, understandings of this process, alternative visions, strategies and tactics. Thus, more nuanced terms include anti-capitalist/anti-corporate alternative globalization. Participants may use the positive terms such as ‘global justice’ or ‘fair trade movement’; or ‘Global Justice and Solidarity Movement’; or ‘Movement of Movements’; or simply ‘The Movement’; or ‘anticorporatist capitalism movement’. Generally speaking, anti-globalization movement is not so much an opposition to globalization as such than an opposition to the particular way it is taking place – like neoliberal process of globalization. In that sense, many representatives of the Movement prefer to be called altermondialism. (shrink)

De récents débats ont reconsidéré les processus de mondialisation, élargissant le discours théorique afin d’étendre la notion de société civile mondiale. La notion et la pratique de société civile ont été mondialisées de façon à refléter les processus empiriques d’inter-connexion des sociétés et de formation d’une société mondiale. D’un point de vue normatif et mobilisateur, les militants et les théoriciens de la société civile soulignent le besoin de défendre la société mondiale de la menace d’une guerre nucléaire mondiale, des catastrophes (...) écologiques, du crime et de la violence, puis de la domination des grands pouvoirs sur le sort de certains pays et sociétés, c’est-à-dire le besoin de s’opposer à une « politique du pouvoir » à l’échelle mondiale et de défendre l’autonomie d’une société compatible avec l’expansion des politiques fondées sur le règne de la loi mais incompatible avec des politiques de la force, des raisons d’État et de domination des pôles de pouvoir. Les processus de mondialisation mènent à la confrontation et/ou au métissage assimilateur de civilisations et de cultures, ainsi qu’à des tendances controversées : d’une part, à des tentatives d’instauration d’institutions politiques internationales et d’adoption des conventions internationales en matière de droits de l’homme, de protection des valeurs démocratiques, de lutte contre le terrorisme et de différentes formes de ségrégation, avançant vers une standardisation mondiale de la culture des droits de l’homme et de l’ordre politique et juridique démocratique ; d’autre part, à la hausse de la xénophobie, des particularismes, de l’ethnonationalisme, des guerres civiles, des menaces écologiques, du terrorisme à l’échelle mondiale, de la menace de la famine, de la menace nucléaire, de nouvelles maladies etc. La victoire contemporaine des valeurs libérales et démocratiques est un aboutissement positif, mais elle s’accompagne de la question controversée de souveraineté, de délabrement urbain, de racisme, de nettoyage ethnique, de xénophobie, de défaut de légitimité politique . À l’échelle mondiale, cet aboutissement s’accompagne d’une injustice globale, de pauvreté, de dangers écologiques, d’épidémies mortelles, d’oppression des minorités, d’une croissance non maîtrisée de la population, de déséquilibre de pouvoir politique et économique, de terrorisme à l’échelle mondiale, de la menace nucléaire etc. La société civile mondiale comporte trois dimensions : 1.) phénomène empirique de relations sociales et d’interconnexions ; 2.) mobilisation, une force structurante du projet/vision ; 3.) acteurs sociaux au niveau mondial/transnational. L’anti-mondialisation est un mouvement qui tente d’agir à l’encontre des aspects négatifs de la mondialisation. Même si les adeptes de ce mouvement agissent souvent de concert, le mouvement en soi est hétérogène et englobe des visions, des stratégies et des tactiques diverses et parfois opposées. Ainsi, des termes plus nuancés impliquent une mondialisation alternative, anti-capitaliste/anti-corporatiste. Ses acteurs peuvent utiliser des expressions positives telles que la ‘justice mondiale’, le ‘mouvement pour un commerce équitable’, le ‘mouvement pour la Justice et la Solidarité Mondiale’, le ‘Mouvement des Mouvements’, ou simplement ‘Le mouvement’, ou encore le ‘mouvement anti-corporatiste capitaliste’. De manière générale, le mouvement anti-mondialiste n’est pas une opposition à la mondialisation en soi mais à une certaine façon dont cette mondialisation se déroule, à savoir le processus de mondialisation néo-libéral. Dans ce sens, nombre de représentants du Mouvement préfèrent être appelés alter-mondialistes. (shrink)

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

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

This article examines two spheres of global governance in which the World Health Organization (WHO) has sought to exercise international leadership — combating “counterfeit” medicines and illicit trade in tobacco products. Medicines and tobacco products lie at polar opposite ends of the health spectrum, and are regulated for vastly different reasons and through different tools and approaches. Nevertheless, attempts to govern counterfeit trade in each of these products raise a host of somewhat similar challenges, involving normative and operational conflicts that (...) cut across the crowded intersection of health protection and promotion, intellectual property protection, and activity to combat transnational organized crime. As negotiations of an illicit trade protocol to the WHO Framework Convention on Tobacco Control enter their final stages, lessons learned from counterfeit medicines governance need to be applied to ensure that the most appropriate governance arrangements are adopted. (shrink)

The increasing use of transnational standard-setting bodies to address quality uncertainties and coordination issues across the global economy raises questions about how these bodies establish and maintain their legitimacy and accountability outside the sovereignty of democratic states. Based on a discussion of the legitimacy challenge posed by global governance, we provide an overview of mechanisms by which such bodies can defend their legitimacy claims and examine the actual mechanisms used by the International Accounting Standards Board (IASB). While the IASB (...) staked its initial credibility on technical competence and independence, it has increasingly emphasized due process norms in its claim for support. Our analysis evaluates the IASB due process against the cultural benchmarks established by domestic standard-setters in the USA and UK and against a normative model of procedural legitimacy. These comparisons help us to understand the modifications that were made in the hope of due process adding legitimacy to accounting standard-setting beyond the state. They also reveal the broader political context of competing legitimacy criteria that confronts transnational standard-setters. (shrink)

ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and (...) legal. It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework. (shrink)

First published in 1984, this book examines corporate crime in the pharmaceutical industry. Based on extensive research, including interviews with 131 senior executives of pharmaceutical companies in the United States, the United Kingdom, Australia, Mexico and Guatemala, the book is a major study of white-collar crime. Written in the 1980s, it covers topics such as international bribery and corruption, fraud in the testing of drugs and criminal negligence in the unsafe manufacturing of drugs. The author considers the implications (...) of his findings for a range of strategies to control corporate crime, nationally and internationally. (shrink)

Terrorist organisations have increased and widened in Iraq in particular and the world in general in recent years. People have suffered a lot from these terrorist organisations due to their thirst for killing innocent civilians. The study aims to convey the suffering of innocent Iraqis caused by terrorist acts to the world. In order to achieve the aim, the research adopted Barthes’s framework to analyse the selected photographs. The researchers have selected iconic photographs for the analysis. The photographs are taken (...) from the main websites of the local, Arabic, and foreign media. The study found out that terrorism is the brutal enemy of all Iraqi societies including Sunnis, Shia, Kurds, Christians, and Yazidis. This research is a clear example that shows the world the extent of the suffering, pain, and fear Iraqi people are facing because of terrorism. (shrink)

Why does scholarship on transnational labor regulation (TLR) consistently fails to search for improvements in working conditions, and instead devotes itself to relentless efforts for identifying administrative processes, semantics, and amalgamations of stakeholders? This article critiques TLR from a pro-worker perspective, through the philosophical work of Georg Lukács, and the concepts of reification and commodification. A set of theoretically grounded criteria is developed and these are applied against selected contemporary cases of TLR. In the totality that is capitalism, reification (...) of social relations of production conceals completely the experiences of workers. In TLR, managerialist and process-oriented scholarship is dominant, verifiable outcomes and positive improvements in conditions of employment are not sought, and worse, meaningless procedures are celebrated as positive achievements. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...) face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

This article aims to advance the discussion of how multinational companies manage the tension between global integration and local responsiveness in their corporate social responsibility. In particular, it studies the relationships between headquarters and subsidiaries in a transnational CSR strategy and the types of coordination mechanisms used. Building on a qualitative study of a multinational bank, we find that in addition to formal and informal coordination mechanisms, a transnational CSR strategy cannot be fully understood without considering lateral learning (...) and participatory decision making. Further, we suggest that discussions about the transnational approach to CSR should not be disentangled from the question about a company's CSR orientation. Finally, we propose some characteristics of transnational CSR and discuss its theoretical and practical implications. (shrink)

Private governance raises important questions about democratic representation. Rule making is rarely based on electoral authorisation by those in whose name rules are made—typically a requirement for democratic legitimacy. This requires revisiting the role of representation in input legitimacy in transnational governance, which remains underdeveloped. Focussing on private labour governance, we contrast two approaches to the transnational representation of worker interests in global supply chains: non-governmental organisations providing representative claims versus trade unions providing representative structures. Studying the Bangladesh (...) Accord for Fire and Building Safety, we examine their interaction along three dimensions of democratic representation: 1) creating presence, 2) authorisation, and 3) accountability to affected constituents. We develop a framework that explains when representative claims and structures become complementary but also how the politics of input legitimacy shapewhoseinterests get represented. We conclude by deriving theoretical and normative implications for transnational representation and input legitimacy in global governance. (shrink)

Abstract:Comparatively few studies have analyzed the social behavior of multinational corporations (MNCs) at a cross-national level. To address this gap in the literature, we propose a “transnational” model of corporate social responsibility (CSR) that permits identification of universal domains, yet incorporates the flexibility and adaptability demanded by international research. The model is tri-dimensional in that it juxtaposes: 1) Bartlett and Ghoshal’s (1998, 2000) typology of MNC strategies (multinational, global, “international,” and transnational); 2) the three conceptual domains of CSR (...) (human rights, labor, and the environment) proposed by the UN Global Compact (Compact 2003); and 3) Zenisek’s (1979) description of three CSR perspectives (ideological, societal, and operational). The end result is a multidimensional typology that permits the organization and development of empirical CSR research in an international setting. (shrink)

Abstract:Comparatively few studies have analyzed the social behavior of multinational corporations (MNCs) at a cross-national level. To address this gap in the literature, we propose a “transnational” model of corporate social responsibility (CSR) that permits identification of universal domains, yet incorporates the flexibility and adaptability demanded by international research. The model is tri-dimensional in that it juxtaposes: 1) Bartlett and Ghoshal’s (1998, 2000) typology of MNC strategies (multinational, global, “international,” and transnational); 2) the three conceptual domains of CSR (...) (human rights, labor, and the environment) proposed by the UN Global Compact (Compact 2003); and 3) Zenisek’s (1979) description of three CSR perspectives (ideological, societal, and operational). The end result is a multidimensional typology that permits the organization and development of empirical CSR research in an international setting. (shrink)

This chapter sketches a literary history of writing the colonial interregnum through the comparison of a canonical Dublin text and its filmic adaptation with a canonical Johannesburg text and its filmic adaptation. Njabulo Ndebele’s short story ‘Fools’ (1983) repurposes formal elements from Joyce’s ‘The Dead’ (1914), transposing strategies for representing late colonial Dublin to a Johannesburg township during the height of apartheid in a context of extreme racial domination; beginning with close comparative readings of both stories, my chapter argues that (...) the context in which ‘Fools’ emerges determines the significance of its reappropriation of Joycean formal devices and simultaneously forces a re-reading of Joyce’s flirtation with bourgeois naturalism in ‘The Dead.’ Further, the respective publishing contexts of ‘Fools’ and ‘The Dead’ go on to determine their reception and recirculation, as demonstrated by the diverse histories of the American John Huston’s adaptation of ‘The Dead’ (1984), and Ramadan Suleman’s South African adaptation of ‘Fools’ (1997). In following this circumatlantic history of influence and adaptation from Joyce to Ndebele to Huston to Suleman, across hemispheres and media, I mean to articulate a relationship between modernist form and forms of modernity, particularly as those forms that appear and reappear in the global south over the course of the long twentieth century. Particular attention is paid here to the history of underdevelopment in the global south and how it impinges upon the production and circulation of literary adaptations. (shrink)

War crimes are being committed in Ukraine today, but who should be held responsible? By looking at the literature on responsibility and violence by Philippa Foot and John Harris, this article argues that there are grounds for holding Vladimir Putin responsible for war crimes in Ukraine, even if he did not give the command for these crimes and other atrocities to be carried out.

Crimes of Reason brings together expanded and updated versions of some of Braude’s best previously published essays, along with new essays written specifically for this book.

Why do war crimes occur? Are perpetrators of war crimes always blameworthy? In an original and challenging thesis, this book argues that war crimes are often explained by perpetrators' beliefs, goals, and values, and in these cases perpetrators may be blameworthy even if they sincerely believed that they were doing the right thing.

Based on the theoretical reconstruction of neglected post-WWI writings and political action of W. E. B. Du Bois, this volume offers a normative account of transnational cosmopolitanism. Pointing out the limitations of Kant's cosmopolitanism through a novel contextual account of Perpetual Peace, Transnational Cosmopolitanism shows how these limits remain in neo-Kantian scholarship. Inés Valdez's framework overcomes these limitations in a methodologically unique way, taking Du Bois's writings and his coalitional political action both as text that should inform our (...) theorization and normative insights. The cosmopolitanism proposed in this work is an original contribution that questions the contemporary currency of Kant's canonical approach and enlists overlooked resources to radicalize, democratize, and transnationalize cosmopolitanism. (shrink)

Crime scene investigation is a form of Distributed Cognition. The principal concept we explore in this paper is that of `resource for action'. It is proposed that crime scene investigation employs four primary resources-for-action: the environment, or scene itself, which affords particular forms of search and object retrieval; the retrieved objects, which afford translation into evidence; the procedures that guide investigation, which both constrain the search activity and also provide opportunity for additional activity; the narratives that different agents (...) within the system produce to develop explanatory models and formal accounts of the crime. For each aspect of distributed cognition, we consider developments in technology that could support activity. (shrink)

Crime scene investigation is a form of Distributed Cognition. The principal concept we explore in this paper is that of `resource for action'. It is proposed that crime scene investigation employs four primary resources-for-action: the environment, or scene itself, which affords particular forms of search and object retrieval; the retrieved objects, which afford translation into evidence; the procedures that guide investigation, which both constrain the search activity and also provide opportunity for additional activity; the narratives that different agents (...) within the system produce to develop explanatory models and formal accounts of the crime. For each aspect of distributed cognition, we consider developments in technology that could support activity. (shrink)

Within the social ontology of the nationalist model, the main agents of global justice claims are viewed as nation states or national collectivities. By contrast, within the cosmopolitan model, individuals, as citizens of the cosmopolitan world, are viewed as agents of global justice claims. I argue that neither of these models appropriately reflect the ontological conditions and circumstances of justice that have been produced by the current processes of globalization nor capture the justice claims of women who suffer as a (...) result of the global economy. As an alternative, I propose a transnational feminist model: processes of globalization have generated transnationalized socioeconomic units as ontological conditions of justice, and, in such conditions, transnational women’s collectivities are viewed as agents of global justice. -/- . (shrink)

Recent research in moral psychology has attempted to characterize patterns of moral judgments of actions in terms of the causal and intentional properties of those actions. The present study directly compares the roles of consequence, causation, belief and desire in determining moral judgments. Judgments of the wrongness or permissibility of action were found to rely principally on the mental states of an agent, while judgments of blame and punishment are found to rely jointly on mental states and the causal connection (...) of an agent to a harmful consequence. Also, selectively for judgments of punishment and blame, people who attempt but fail to cause harm more are judged more leniently if the harm occurs by independent means than if the harm does not occur at all. An account of these phenomena is proposed that distinguishes two processes of moral judgment: one which begins with harmful consequences and seeks a causally responsible agent, and the other which begins with an action and analyzes the mental states responsible for that action. Ó 2008 Elsevier B.V. All rights reserved. (shrink)

In this paper, I offer a descriptive and normative analysis of the requirements for effective transnational solidarity between southern NGOs and their northern partners. Drawing on interviews conducted with staff members of Senegalese women’s rights NGOs and a private international development foundation, I contend that existing theories of feminist transnational solidarity cannot allow us to properly acknowledge the power asymmetries and obstacles to solidarity that these NGOs are facing. After assessing the divisions related to gender interests and limited (...) resources that characterize this NGO-ized development landscape, I develop a partial theory of transnational solidarity that would center power asymmetries in order to address practical and political obstacles to solidarity. I argue that an effective account of transnational solidarity must include a commitment to disrupting global hierarchies of power as well as to building practices of accountability and attentiveness to power structures. (shrink)

The implementation of transnational standards — in codes of conduct, certification, and monitoring initiatives — necessarily intertwines with domestic law and other types of rules. Yet much of the existing literature overlooks or obscures this fundamental point. Indeed, scholars often err either by treating private regulatory standards as transcendent or by viewing implementation as fundamentally a technical problem. This Article argues that understanding the operation of transnational private regulation requires attention to the layering of multiple rules in a (...) given location. It develops a framework for examining this layering and illustrates it by briefly looking at two major issues—community rights in sustainable forestry standards and freedom of association in fair labor standards — and their implementation in Indonesia. In various ways, these domains illustrate how conflict and complementarity between public and private standards structure the practice of private regulation. (shrink)