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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 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 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.

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).

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.

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 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.

This chapter discusses the extension of legal equality between male and female citizens in four states in North Africa – Tunisia, Egypt, Morocco and Algeria – through one specific lens: A married woman's legal capacity to initiate and obtain divorce without the husband's consent. Building on the works of Stein Rokkan and Reinhard Bendix on the expansion of citizenship to the ‘lower classes’, it is argued that amendments in divorce law by introducing in-court divorce for women, in addition to out-of-court divorce, is a significant institutional change that extends legal equality between men and women. The introduction of in-court divorce expands female citizenship by bolstering woman's juridical autonomy and capacity in state law. Changes in divorce laws are thus part of state centralization by means of standardizing rules that regulate family law through public administrative institutions rather than religious organizations. Two questions are addressed: First, how did amendments in divorce laws occur after independence? Second, in which ways did women's bolstered legal capacity in divorce have a spill over effect on reforms in other patriarchal state laws? Based on observations on sequences of change in four states in North Africa, it is argued that amendments that equalize between men and women in divorce should be seen as a key driver for reforms in other state laws, that reduce legal inequality between male and female citizens. In all four states, women's citizenship was extended in nationality law and criminal law after amendments in divorce law gave women unilateral legal power to exit a marital relationship.

Adopting a two-sited approach, this paper examines frames deployed by a network of organizations by developing the concept of the transnational field. The transnational field is the geo-specific field within which the movement organizations are encompassed which can explain the differential power across ties in a transnational network. It enables analyzing whether frames at the local and transnational level are similar, remain as is or are altered within a field which is mediated by the power dynamics embedded in the political-economic-cultural relationships between countries. Using qualitative data, this study of ties between movement organizations in the Amazonian region of Ecuador (local level) and organizations in the United States (transnational level) provides evidence for empirical and narrative fidelity of frames at both ends of the network. The two-sited approach enriches the understanding of resistance to globalization by prioritizing the perspective of indigenous peoples in the Global South highlighting the North–South power dynamic. Departing from common assumptions about the power of US-based groups in the choice of frames deployed, the analysis show that ties between organizations in a transnational network are complex as they rely on each other for resources and information. We discuss the conditions under which local frames are deployed or redefined at the transnational level.