International law scholarship has not adequately recognised the magnitude of the role of ‘global civil society’ in ‘global governance’ and ‘international lawmaking.’ Building upon theoretical, historical and legal scholarship and presenting studies of GCS actor practice in a wide range of lawmaking processes, including treaty-making, conferences, international organisations and adjudicatory mechanisms, this book convincingly demonstrates that GCS actors have created and influenced the creation of norms of binding public international law and influential non-binding ‘soft’ or non-law. It presents a compelling case that calls for augmenting GCS access to information, participation in legal decision-making processes for those likely to be affected, and access justice thereby enhancing the legitimacy of public international law.
This book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, Errol P. Mendes argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. The book explores how human rights and international law are applied in some of the critical institutions of global governance and in the operations of the global private sector, and how States, institutions and global civil society struggle to fight this ‘tragic flaw’. The book is brought up to date by considering developments in the role of the IMF, the World Bank, bilateral investment treaties; the likely failure of the Doha round of WTO negotiations; the legacy of the 2008 financial crisis; and the role of the International Criminal Court and the evolving Responsibility to Protect doctrine in international peace and security crises in the Middle East, Central and West Africa among other regions of the world. With its intensely interdisciplinary approach, this book motivates new thinking in the realm of global governance and international law, and promotes the development of new strategies for negotiating between conflicting leadership and organisational values within global institutions. The book will be of great interest and use to students and researchers of public international law, international relations and political science, business and human rights, global governance and international trade and economic law.
Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
John Keane, a leading scholar of political theory, tracks the recent development of a big idea with fresh potency - global civil society. In this timely book, Keane explores the contradictory forces currently nurturing or threatening its growth, and he shows how talk of global civil society implies a political vision of a less violent world, founded on legally sanctioned power-sharing arrangements among different and intermingling forms of socio-economic life. Keane's reflections are pitted against the widespread feeling that the world is both too complex and too violent to deserve serious reflection. His account borrows from various scholarly disciplines, including political science and international relations, to challenge the silence and confusion within much of contemporary literature on globalisation and global governance. Against fears of terrorism, rising tides of xenophobia, and loose talk of 'anti-globalisation', the defence of global civil society mounted here implies the need for new democratic ways of living.
This second edition of the book is a unique introduction to the links between different areas of global governance, human rights and the global economy.
The terms 'global' and 'civil society' have both become part of the contemporary political lexicon. In this important new book, Mary Kaldor argues that this is no coincidence and that the reinvention of civil society has to be understood in the context of globalization. The concept of civil society is no longer confined to the borders of the territorial state. Whether one considers dissidents in repressive regimes, landless labourers in Central America, campaigners against land mines or global debt, or even religious fundamentalists, it is now possible for them to link up with other like-minded groups in different parts of the world and to address demands not just to national governments but to global institutions as well. This has opened up new opportunities for human emancipation, and, in particular, for going beyond war as a way of managing global affairs. But it also entails new risks and insecurities. This is a book about a political idea - an idea that came out of the 1989 revolutions. It is an idea that expresses a real phenomenon, even if the boundaries and shape of the phenomenon are contested and subject to constant redefinition. The study of past debates as well as the actions and arguments of the present is a way of directly influencing the phenomenon, and of contributing to a changing reality, if possible for the better. The task is all the more urgent in the aftermath of September 11. Global Civil Society will be read by students of politics, international relations and sociology, as well as activists, policy-makers, journalists and all those engaged in global public debates.
Seminar paper from the year 2008 in the subject Politics - General and Theories of International Politics, University of Applied Sciences Bremen, course: Inter- and transnational Relations, language: English, abstract: Vorstellung der Konzepte Völkerrecht und Global Governance, Untersuchung von Gemeinsamkeiten und Unterschieden sowie Beurteilung der Realisierbarkeit
This is one of the first books to explore the nexus between civil society, religion, and global governance, their impact on human security and well-being, and significance for current debates in international politics. The contributors examine salient aspects of the secular state whose monopoly on, and control of, institutional violence has reified its use of power to such an extent that the modernistic separation of church and state is being called into question, as institutional limits are sought to the abuse of that power. The volume is clearly divided into six key sections: human security and human rights the politics of civil religion the ethics of civil development civil society and global governance cross-cultural perspectives on institutional development for civil society international civil society. Within these sections the illuminating case studies span a wide geographical extent from Central and Eastern Europe to Egypt, to Latin America, Iran, Bangladesh, Australia, the Pacific and East and Southeast Asia. Civil Society, Religion and Global Governance will be of strong interest to students, policy makers and researchers in the fields of human rights, religion, political science and sociology.
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
