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As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging…
As social movements engage in transnational legal processes, they have articulated innovative rights claims outside the nation-state frame. This chapter analyzes emerging practices of legal mobilization in response to global governance through a case study of the “right to food sovereignty.” The claim of food sovereignty has been mobilized transnationally by small-scale food producers, food-chain workers, and the food insecure to oppose the liberalization of food and agriculture. The author analyzes the formation of this claim in relation to the rise of a “network imaginary” of global governance. By drawing on ethnographic research, the author shows how activists have internalized this imaginary within their claims and practices of legal mobilization. In doing so, the author argues, transnational food sovereignty activists co-constitute global food governance from below. Ultimately, the development of these practices in response to shifting forms of transnational legality reflects the enduring, mutually constitutive relationship between law and social movements on a global scale.
This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate…
This paper provides a political analysis of legal pluralism from a “new institutionalist” perspective. In response to question of why states recognize and incorporate non-state normative orderings into their legal systems, it is hypothesized that the decision of incorporation is made to enhance the capacities of postcolonial states with “rational” calculations. In this respect, two new categories of legal pluralism are introduced: capacity-enhancing recognition and capacity-diminishing recognition. The paper lastly assesses the implications of legal pluralism upon the state-society relations and individual rights and liberties of citizens in the case of Israel.
Transnational migration has become a defining feature of many societies across the globe. This paper focuses on contributions to diversity theorizing and research…
Transnational migration has become a defining feature of many societies across the globe. This paper focuses on contributions to diversity theorizing and research available from “superdiversity”, an analytic framework derived from transnational migration studies. “Superdiversity” speaks to the novel social transformations taking place globally and provides new opportunities, albeit with critique, for conceptualizing and studying people, difference and inclusion. The purpose of this paper is to provide innovative ways to rethink hallmark concepts of diversity scholarship by offering new insights about the role of nation-states, the concept of difference and inclusion in the midst of mobility.
The paper relies upon transnational migration studies as an emergent field of inquiry about societal level changes brought upon by the ongoing movement of people. The social, cultural and political transformations growing out of transnational migration are used to theorize new directions for diversity research in the context of management and organization studies. By relying on “superdiversity” and its mobility-based ontology, epistemology and methodology, the paper proposes new ways to think about and carry out research on difference and inclusion.
Deploying the analytic framework of “superdiversity,” the paper offers “belonging” as the new conversation on inclusion and proposes mobile methods as a means to study mobile subjects/objects. In addition, it discusses how the ongoing transformative societal changes by way of transnational migration impact the ways in which the author theorizes and carry out diversity research. Questions and concerns around ethics, (in)equality and representation are considered vital to future research in/around diversity.
Extensive changes in societies emerging out of ongoing encounters between/among different kinds of people have taken shape by way of transnational migration. As a result, emergent and novel notions of difference have been forged in a transnational manner across social fields. By examining these transformations, the paper provides new directions and challenges for diversity scholarship in the context of rising societal tensions and rhetoric around difference and “belonging” in nation-states. It also provides alternative considerations for understanding and theorizing inclusion in diversity research.
This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it…
This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, and social relationships: bottom-up lawmaking; transnational legal processes; and global legal pluralism. The idea of bottom-up lawmaking, already discussed, has the strength of beginning from the everyday practices by which problems are solved that lead eventually to the creation of a body of law. However, the phrase bottom-up suggests that this is a grassroots movement, while it is typically cosmopolitan elites who generate the informal rules that become established over time. Explicit attention to the power relationships underlying this process would help to clarify what “bottom-up” means. As Judith Resnick points out, the terms “soft law” and “hard law” are themselves problematic, incorporating gender ideologies and suggesting that some international laws are enforced firmly, which is rarely the case in practice (personal communication).
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution…
This chapter explores expert witnessing in anthropology and the raison d’être of cultural expertise as an integrated socio-legal concept that accounts for the contribution of social sciences to the resolution of disputes and the protection of human rights. The first section of this chapter provides a short historical outline of the occurrence and reception of anthropological expertise as expert witnessing. The second section surveys the theoretical reflections on anthropologists’ engagement with law. The third section explores the potential for anthropological expertise as a broader socio-legal notion in the common law and civil law legal systems. The chapter concludes with the opportunity and raison d’être of cultural expertise grounded on a skeptical approach to culture. It suggests that expert witnessing has been viewed mainly from a technical perspective of applied social sciences, which was necessary to set the legal framework of cultural experts’ engagement with law, but had the consequence of entrenching the impossibility of a comprehensive study of anthropological expert witnessing. While this chapter adopts a skeptical approach to culture, it also argues the advantages of an interdisciplinary approach that leads to an integrated definition of cultural expertise.
The purpose of this paper is to explore the basis for, and ramifications of, applying relevant human rights norms – such as the United Nations Guiding Principles on…
The purpose of this paper is to explore the basis for, and ramifications of, applying relevant human rights norms – such as the United Nations Guiding Principles on Business and Human Rights – to the International Accounting Standards Board (IASB). In doing so, the paper seeks to contribute to scholarship on the political legitimisation of the IASB’s structure and activities under prevailing global governance conditions.
The paper explores three distinct argumentative logics regarding responsibilities for justice and human rights vis-à-vis the IASB. First, the authors explore the basis for applying human rights responsibilities to the IASB through reasoning based on the analysis of “public power” (Macdonald, 2008) and public authorisation. Second, the authors develop the reasoning with reference to recent attempts by legal scholars and practitioners to apply human rights obligations to other non-state and transnational institutions. Finally, the authors develop reasoning based on Thomas Pogge’s (1992b) ideas about institutional harms and corresponding responsibilities.
The three distinct argumentative logic rest on differing assumptions – the goal is not to reconcile or synthesise these approaches, but to propose that these approaches offer alternative and in some ways complementary insights, each of which contributes to answering questions about how human rights obligations of the IASB should be defined, and how such a responsibility could be “actually proceduralised”.
The analysis provides an important starting point for beginning to think about how responsibilities for human rights might be applied to the operation of the IASB.
Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention…
Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the local contexts where mass crimes occurred. This work critically examines the hybrid legal structure of the Special Court for Sierra Leone, a novel post-conflict institution empowered to draw from both international and Sierra Leonean law. Although formally hybrid, the Court neglects domestic law in practice, suggesting that “hybridity” refers more to a rhetorical strategy aimed at legitimating its work than to its ontological status. By symbolically including and substantively excluding domestic law, the court's legal structure inadvertently resembles a colonial form of legal pluralism rather than a hybrid jurisdiction.
Social networking sites (SNS) are enjoying growing popularity and have triggered new ethical issues including risks of deception, social grooming, cyber-bullying and…
Social networking sites (SNS) are enjoying growing popularity and have triggered new ethical issues including risks of deception, social grooming, cyber-bullying and surveillance. This development along with the growing power of SNS providers calls for an investigation of the CSR engagement of SNS companies. The chapter examines to what extent three prominent providers – Google, Facebook and Twitter – fulfill their responsibilities.
The chapter draws heavily on a politicized concept of CSR, namely ‘corporate citizenship’ (Crane, Matten, & Moon, 2008a; Matten & Crane, 2005) and ‘political CSR’ (Scherer & Palazzo, 2007, 2011) and discusses the role SNS providers play in administering citizenship rights. The chapter takes a qualitative case study approach.
Facebook, Twitter and Google have not only made clear commitments to act responsibly, they actually enhance the citizenship status of their users in many ways, e.g. by offering a platform for democracy activists. Deficiencies and contradictions also become visible, e.g. SNS providers inhibit citizenship by failing to provide sufficient privacy protection.
The chapter is limited by its case study approach, but provides valuable insights to an industry with considerable influence. It contributes to CSR research by applying and testing the politicized concept of CSR in the context of SNS providers.
Although SNS have received appraisal as effective tools of CSR communication, there has been little attention to CSR policy and practice of the companies providing social networks. This is unfortunate since the activities of SNS providers directly impact on millions of users worldwide.