With the emergence of powerful non-state actors onto the international plane, it has been necessary for international law to adapt and recognise legal actors other than the sovereign state. This article contends that it is essential that international legal recognition now be extended to multinational corporations and nongovernmental organisations. This ensures that such actors cannot escape accountability for violations of international law but also that they granted legitimate rights as participants in the international system. Such (...) a development does not require that the primacy of the state under international law be diminished. On the contrary, the theory and practice of international law requires that the state retain its position atop the international hierarchy. (shrink)

International Human Rights Law is clear in holding only states or state-like entities responsible for human rights abuses, yet activists and philosophers alike do not see any rational basis for this restriction in responsibility. Multi-national corporations, individuals and a whole array of other 'non‐state actors' are capable of harming vital human interests just as much as states, so why single-out the latter as human rights-responsible agents? In this paper I distinguish two ways of looking at human rights (...) responsibility. One is simply in terms of the outcomes that are deemed desirable to avoid (or secure), and the other is in terms of the relationships one sees these moral standards as governing. I argue that the peculiar form of responsibility and responsiveness (the way of 'holding to account')inherent to human rights principles is directed at establishing a particular type of relationship: one in which individuals are empowered in the face of a very special form of communal power. Other kinds of relationship and potential transgression are more appropriately governed by different kinds of moral principles, such as those relating to criminality. The outcomes view fails to incorporate this insight and for that reason fails to see the distinct role played by human rights standards in our moral reasoning: they are precisely valuable because they provide a way to judge the relationship of individuals to the peculiar kind of power exercised by the state. Part of this project is a re-assessment of the methodology employed by philosophers in establishing moral principles and concepts, such as those relating to human rights standards. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies (...) with the principle of sovereign equality. Sovereign equality is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)

This book investigates the relationship between non-state actors and climate justice from a philosophical perspective. The climate justice literature remains largely focused upon the rights and duties of states. Yet, for decades, states have failed to take adequate steps to address climate change. This has led some to suggest that, if severe climate change and its attendant harms are to be avoided, non-state actors are going to have to step into the breach. This collection represents the (...) first attempt to systematically examine the climate duties of the most significant non-state actors - corporations, sub-national political communities, and individuals. Targeted at academic philosophers working on climate justice, this collection will also be of great interest to students and scholars of global justice, applied ethics, political philosophy and environmental humanities. (shrink)

_ This scholarly article explores the dynamic and evolving role of non-state actors in shaping international relations and fostering social change. Non-state actors, ranging from non-governmental organizations (NGOs) and multinational corporations to grassroots movements, have become influential players on the global stage. The article examines their impact on diplomatic processes, policy formulation, and societal transformations, emphasizing the significance of their involvement in contemporary international affairs. Through a comprehensive analysis of case studies and theoretical frameworks, the article (...) aims to provide a nuanced understanding of how non-state actors contribute to shaping the geopolitical landscape and driving social progress._. (shrink)

Book Review: Noam Lubell, Extraterritorial Use of Force against Non-State Actors.

During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could (...) be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs’ conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful. (shrink)

ABSTRACTThis article provides a normative appraisal of the law of military occupation by looking into occupation courts and their legitimacy. It focuses on two cornerstones of the current regulation of war: the principle of equality of belligerents, that is, the potential relevance ofjus ad bellumconsiderations on thein bellorights of occupants, and the normative force of the traditional distinction between states and non-state armed groups, specially in conflicts not of an international character. Against the currently predominant neoclassical position in just (...) war theory, it argues in favor of the moral equality of just and unjust occupants. Against the orthodox position in international law, it advocates the symmetrical treatment of states and non-state actors fighting internal armed conflicts, at least in terms of the rights they may claim on the territories under their control. It concludes by appraising the way in which this moral landscape should be translated into legal norms. (shrink)

Objective: Collaborative governance is an innovative approach to address complex societal challenges, involving partnerships between state and non-state actors. Consequently, social media is powerful tools for promoting transparency and accountability. Methodology: The study examines the role of non-state actors in leveraging social media to enhance transparency in collaborative governance initiatives. The research analyses two case studies - the #FeesMustFall campaign in South Africa and the #Tajamuka/Sesijikile campaign in Zimbabwe. Results: Through a qualitative analysis of the (...) case studies, the study explores how non-state actors, such as civil society organizations and activist groups, have utilized social media to amplify their voices, mobilize public support, and exert pressure on government entities. Findings reveal that effective use of social media can empower non-state actors to overcome information asymmetries, facilitate public scrutiny, and foster collaborative problem-solving. Conclusions: However, contextual factors, such as political environments and digital access, shapes the dynamics of social media-driven transparency efforts. (shrink)

A great deal of attention has been paid in recent years to the legality of the actions of states and state agents in international and non-international cyber conflicts. Less attention has been paid to ethical considerations in these situations, and very little has been written regarding the ethics of the participation of non-state actors in such conflicts. In this article, I analyze different categories of non-state participation in cyber operations and undertake to show under what conditions (...) such actions, though illegal, might be morally defensible. (shrink)

Background The world is urbanizing rapidly; more than half the world’s population now lives in urban areas, leading to significant transition in lifestyles and social behaviours globally. While offering many advantages, urban environments also concentrate health risks and introduce health hazards for the poor. In Bangladesh, although many public policies are directed towards equity and protecting people’s rights, these are not comprehensively and inclusively applied in ways that prioritize the health rights of citizens. The country is thus facing many issues (...) that raise moral and ethical concerns. Methods A narrative literature review was conducted between October 2016 and November 2017 on issues related to social justice, health, and human rights in urban Bangladesh. The key questions discussed here are: i) ethical dilemmas and inclusion of the urban poor to pursue social justice; and ii) the ethical obligations and moral responsibilities of the state and non-state sectors in serving Bangladesh’s urban poor. Using a Rawlsian theory of equality of opportunity to ensure social justice, we identified key health-related ethical issues in the country’s rapidly changing urban landscape, especially among the poor. Results We examined ethical dilemmas in Bangladesh’s health system through the rural–urban divide and the lack of coordination among implementing agencies. The unregulated profusion of the private sector and immoral practices of service providers result in high out-of-pocket expenditures for urban poor, leading to debt and further impoverishment. We also highlight policy and programmatic gaps, as well as entry points for safeguarding the right to health for Bangladeshi citizens. Conclusions The urban health system in Bangladesh needs a reform in which state and non-state actors should work together, understanding and acknowledging their moral responsibilities for improving the health of the urban poor by engaging multiple sectors. The social determinants of health should be taken into account when formulating policies and programs to achieve universal health coverage and ensure social justice for the urban poor in Bangladesh. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

Ever since the end of the Second World War, Rational Actor models have dominated strategic thinking at all levels of government policy and military planning. In the confrontation between states, and especially during the Cold War, these models were insightful and useful in anticipating a wide array of challenges and in stabilizing the world peace enough to prevent nuclear war. But now our society faces a whole new range of challenges from non-state actors who are committed to die (...) in order to kill and terrorize enough of our citizens to change the course of history. The darkest fear in the current struggle with terrorism is a nuclear bomb exploding in a major city. (shrink)

Prominent recent scholarship in global political justice has focused on creating conceptual space for international NGOs ? and sometimes also corporations and states ? as fully-fledged participants in global governance. While acknowledging the achievements of international non-state actors, I argue that core global governance tasks ? of global distribution, regulation or administration ? should not be assigned to them. Drawing from neo-republican theory, I contend that such actors fall short of the formal criteria that are necessary for (...) constituting a global public actor, because they do not have a global function and orientation. The distinction between public and private actors matters, since it conditions our expectations for them: both categories of actors are asked to avoid dominating individuals, but public actors must, in addition, protect individuals from third-party domination. (shrink)

This article analyzes the evolution of state capacity in Peru during the recent commodity boom. Peru’s economic growth happened in a context in which inclusive democratic institutions were at play for the longest period ever registered in the country and at a time when political elites decided to invest considerable resources in developing state capacity. This case illustrates how boom-led economic growth can lead to the institutional strengthening of a weak state. However, state capacity continues to (...) be low in Peru. The causal mechanism that yields such continuity differs from those entertained in classic path-dependent explanations of state capacity in Latin America. The article identifies a novel mechanism that helped reproduce the Peruvian path intertemporally. This relational mechanism suggests that state capacity remains low because of the relatively enhanced capacities of state challengers to locally fend off and contest an otherwise much stronger state apparatus. The article argues, on that basis, the need to employ a relational analysis that gauges net state strength with respect to the power acquired by relevant non-state actors who might challenge state authority across different local arenas. Classic conceptualizations of state capacity are indeed relational, but conventional applications are predominantly unilateral and, thus, misleading. Unilateral notions of state capacity are those that focus on either state efforts and investments to assert state capacity or, alternatively, on the presence of challenges that curtail the levels of actually observed state capacity. (shrink)

Development cannot be left to the "magic wand" of market forces alone. This observation has been vindicated by the dismal failure of the IMF/World Bank policies in Africa since the 1970s/80s. That development needs an active state participation and some deliberately dirigiste policies brooks no controversy. Interestingly, even the World Bank has begrudgingly come to accept the centrality of the state in development after peddling policies premised on market fundamentalism for decades. Consensus is now emerging in development discourses (...) in Africa that both states and markets do play an important complimentary role in the development process. The idea that this article canvasses is that both democracy and development need a robust, capable, democratic developmental state. A democratic developmental state operates in such a way that it leaves ample room for other key non-state actors to make their critical input in the development agenda and the democratization process. The article revisits the debate on the post-colonial state; interrogates challenges for democratic governance and sustainable human development; revisits the nexus between democracy and development in the context of Southern Africa. It further investigates the impact of the current process of accelerated globalization on the state, democratization, and development project in the SADC region. (shrink)

Human rights have been the principal ethical ingredients of ‘ethical foreign policy’. Some human rights promulgated in UN and other Declarations are more aspirational than achievable; others are of variable importance. So we need to look behind the Declarations to see which human rights claims should be taken most seriously. I shall argue that we take rights seriously only if we take the counterpart obligations seriously, and can take obligations seriously only if we connect them to the capabilities of the (...) agents and agencies who will have to discharge them. A realistic view of those agents and agencies cannot be based on the assumption that the relevant agents are all of them states, since this line of thought collapses where states are weak or failing. A realistic account of agency, or of obligations, a fortiori of rights has to take certain types of non-state actors and their obligations seriously. (shrink)

An actor's mental states—whether she acted knowingly and with bad intentions—typically play an important role in evaluating the extent to which an action is wrong and in determining appropriate levels of punishment. In four experiments, we find that this role for knowledge and intent is significantly weaker when evaluating transgressions of conventional rules as opposed to moral rules. We also find that this attenuated role for knowledge and intent is partly due to the fact that conventional rules are judged to (...) be more arbitrary than moral rules; whereas moral transgressions are associated with actions that are intrinsically wrong, conventional transgressions are associated with actions that are only contingently wrong. Finally, we find that it is the perpetrator's belief about the arbitrary or non-arbitrary basis of the rule—not the reality—that drives this differential effect of knowledge and intent across types of transgressions. (shrink)

Key accomplishments of political corporate social responsibility scholarship have been the identification of global governance gaps and a proposal how to tackle them. Political CSR scholarship assumes that the traditional roles of state and business have eroded, with states losing power and business gaining power in a globalized world. Consequently, the future of CSR lies in political CSR with new global governance forms which are organized by mainly non-state actors. The objective of the paper is to deepen (...) our understanding of political CSR and reintegrate notions of state power into political CSR scholarship by highlighting how states set the context within which business takes place, regulate offshore business practices, and play pivotal roles in new global governance mechanisms. (shrink)

Responsibility for Human Rights provides an original theoretical analysis of which global actors are responsible for human rights, and why. It does this through an evaluation of the different reasons according to which such responsibilities might be assigned: legalism, universalism, capacity and publicness. The book marshals various arguments that speak in favour of and against assigning 'responsibility for human rights' to any state or non-state actor. At the same time, it remains grounded in an incisive interpretation of (...) the world we actually live in today, including: the relationship between sovereignty and human rights, recent events in 'business and human rights' practice, and key empirical examples of human rights violations by companies. David Karp argues that relevantly public actors have specific human rights responsibility. However, states can be less public, and non-state actors can be more public, than might seem apparent at first glance. (shrink)

The use of cyber force can be as severe and disruptive as traditional armed attacks are. Cyber attacks may neither provoke physical injuries nor cause property damages and still, they can affect essential functions of today’s societies, such as governmental services, business processes or communication systems that progressively depend on information as a vital resource. Whereas several scholars claim that an international treaty, much as new forms of international cooperation, are necessary, a further challenge should be stressed: authors of cyber (...) attacks can be non-state actors, and identifying the party responsible for such a use of force, whether non-state actors or national sovereign states, is often impossible. Accordingly, several programmes on online security and national defence have been developed by sovereign states to tackle this menace and yet, the endurance of Western democracies and their aim to protect basic rights have already been tested by such programmes over the past years. The new scenarios of cyber force do not only concern the field of international law, since they may represent the main threat in the fields of national and constitutional law as well. (shrink)

Patients in a vegetative state/ unresponsive wakefulness syndrome (VS/UWS) pose ethical dilemmas to those involved. Many conflicts occur between professionals and families of these patients. In the Netherlands physicians are supposed to withdraw life sustaining treatment once recovery is not to be expected. Yet these patients have shown to survive sometimes for decades. The role of the families is thought to be important. The aim of this study was to make an inventory of the professional perspective on conflicts in (...) long-term care of patients in VS/UWS. A qualitative study of transcripts on 2 Moral Deliberations (MD’s) in 2 cases of patients in VS/UWS in long-term care facilities. Six themes emerged: 1) Vision on VS/UWS; 2) Treatment and care plan; 3) Impact on relationships; 4) Feelings/attitude; 5) Communication; 6) Organizational aspects. These themes are related to professionals and to what families had expressed to the professionals. We found conflicts as well as contradictory feelings and thoughts to be a general feature in 4 of these themes, both in professionals and families. Conflicts were found in several actors: within families concerning all 6 themes, in nurse teams concerning the theme treatment and care plan, and between physicians concerning all 6 themes. Different visions, different expectations and hope on recovery, deviating goals and contradictory feelings/thoughts in families and professionals can lead to conflicts over a patient with VS/UWS. Key factors to prevent or solve such conflicts are a carefully established diagnosis, clarity upon visions, uniformity in treatment goals and plans, an open and empathic communication, expertise and understanding the importance of contradictory feelings/thoughts. Management should bridge conflicts and support their staff, by developing expertise, by creating stability and by facilitating medical ethical discourses. Shared compassion for the patient might be a key to gain trust and bridge the differences from non-shared to shared decision making. (shrink)

This book analyzes the evolutions confronting the state in the contemporary international system from the double perspective of power and interdependence in a complex environment characterized by the rise of new, non-state actors, the globalization, and the impact their interactions have on both the state and earlier configurations of power.

The essays collected in this special issue explore what legitimacy means for actors and institutions that do not function like traditional states but nevertheless wield significant power in the global realm. They are connected by the idea that the specific purposes of non-state actors and the contexts in which they operate shape what it means for them to be legitimate and so shape the standards of justification that they have to meet. In this introduction, we develop this (...) guiding methodology further and show how the special issue’s individual contributions apply it to their cases. In the first section, we provide a sketch of our purpose-dependent theory of legitimacy beyond the state. We then highlight two features of the institutional context beyond the state that set it apart from the domestic case: problems of feasibility and the structure of international law. (shrink)

Christopher J. Finlay claims “that a principle of moral or legitimate authority is necessary in just war theory for evaluating properly the justifiability of violence by non-state entities when they claim to act on behalf of the victims of rights violations and political injustice.” In particular, he argues that states, unlike non-state actors, possess what he calls “Lesser Moral Authority.” This authority allegedly enables states to invoke “the War Convention,” which in turn entitles even individual soldiers on (...) the aggressive side to use military violence against soldiers defending the victim state. Non-state actors, in contrast, have to fulfill more stringent requirements. If they do not, then even their attacks on military personnel can properly be called "terrorist." In the following I will argue that Finlay’s attempt to show the importance of the legitimate authority criterion of just war theory and to demonstrate that non-state violence has to satisfy heavier burdens of justification than state violence fails for a number of reasons: his claim that defenders would wrong victims if they defended them against their will is mistaken, he overlooks the fact that non-state agents need not claim to fight on someone’s behalf, the full moral authority he mentions is redundant, the powers he ascribes to “Lesser Moral Authority” are, depending on interpretation, either morally irrelevant or nonexistent, and his claim that granting states “Lesser Moral Authority” is beneficial from a “moral pragmatic” point of view while granting the same authority to non-state actors is not, is unwarranted. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the (...) legitimacy of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that (...) are not, at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

In this essay I analyze some conceptual difficulties associated with the demand that global institutions be made more democratically accountable. In the absence of a world state, it may seem inconsistent to insist that global institutions be accountable to all those subject to their decisions while also insisting that the members of these institutions, as representatives of states, simultaneously remain accountable to the citizens of their own countries for the special responsibilities they have towards them. This difficulty seems insurmountable (...) in light of the widespread acceptance of a state-centric conception of human rights, according to which states and only states bear primary responsibility for the protection of their citizens' rights. Against this conception, I argue that in light of the current structures of global governance the monistic ascription of human rights obligations to states is no longer plausible. Under current conditions, states are bound to fail in their ability to protect the human rights of their citizens whenever potential violations either stem from transnational regulations or are perpetrated by non-state actors. In order to show the plausibility of an alternative, pluralist conception of human rights obligations I turn to the current debate among scholars of international law regarding the human rights obligations of non-state actors. I document the various ways in which these obligations could be legally entrenched in global financial institutions such as the WTO, the IMF and the World Bank. These examples indicate feasible methods for strengthening the democratic accountability of these institutions while also respecting the accountability that participating member states owe to their own citizens. I conclude that, once the distinctions between the obligations to respect, protect and fulfill human rights are taken into account, no conceptual difficulty remains in holding states and non-state actors accountable for their respective human rights obligations. (shrink)

In the late 1990s, Mexican feminists mobilized transnationally to demand state accountability for the feminicidios of women in Ciudad Juarez. Feminicidio refers to the misogynous killing of women and the state’s complicity in this violence by tolerating it with impunity. Drawing on debates of the Mexican Federal Congress and interviews with feminist state and non-state actors, I examine feminist legislators’ response to transnational activism, which was to pass the “General Law on Women’s Access to a (...) Life Free of Violence” and to create the penal-type code of feminicidio, which includes provisions to punish negligent state actors. These laws make the state a target of its own punitive power. To pass these acts, feminist legislators faced resistance from male legislators and the Federal Executive. I build on feminist institutionalism to theorize this resistance as gendered. Gendered state resistance was pervasive because feminist legislators practiced accountability by identifying the complicity of state institutions, including Congress, in perpetuating feminicidio. As part of the process, they built alliances with other female legislators and framed their arguments with notions of modern statehood. Although this framing strategy resulted in innovative legal change, I interrogate the assumption that modernity is the solution to feminicidio, because it can lead gendered state resistance to manifest as a simulation of accountability. (shrink)

Agency without Actors? New Approaches to collective Action is rethinking a key issue in social theory and research: the question of agency. The history of sociological thought is deeply intertwined with the discourse of human agency as an effect of social relations. In most recent discussions the role of non-humans gains a substantial impact. Consequently the book asks: Are nonhumans active, do they have agency? And if so: how and in what different ways? The volume offers a critical (...) class='Hi'>state-of-the-art debate of internationally and nationally leading scholars within Sociology, Social Anthropology and STS on agency (Latour, Law, Michael, Rammert etc.). It fosters the productive exchange of empirical settings and theoretical views by outlining a wide range of novel accounts that link human and non-human agency. It tries to understand social-technical, political and environmental networks as different forms of agency that produce discrete and identifiable entities like humans, animals, technical artifacts. It also asks how different types of (often conflicting) agency and agents actors are distinguished in practice, how they are maintained and how they interfere with each other. (shrink)

In 2018, Attorney General Jeff Sessions, in Matter of A-B-, attempted to bar victims of non-state actors—such as intimate partners and local gangs—from obtaining asylum in the United States. This article focuses on domestic violence-based asylum claims that made it to the US Circuit Court of Appeals during the Trump administration and the first five months of the Biden administration. My interdisciplinary approach goes beyond analysing the effect that Matter of A-B- has had on the outcomes of cases (...) and asks how judges evaluate the credibility of petitioners, determine whether domestic violence can rise to the level of persecution, and decide whether a government was unwilling or unable to protect the victim. A systematic analysis of 83 appellate level verdicts shows that asylum decisions are fraught with inconsistencies and that many judges lack a sophisticated understanding of domestic violence, credibility, and trauma. (shrink)

ABSTRACT Hägel’s book is timely. As economic inequality has been on the rise, the increasing number of billionaires and their political activities have come under public scrutiny. The book contributes to such scrutiny and allows to ask questions about responsibility, accountability, and legitimacy. It also adds to scholarship on individuals in world politics. Our comment provides a critical discussion of two specific aspects of Hägel’s analysis. First, we clarify that most of the book focuses on billionaires as transnational actors (...) while few billionaires seem to exert influence on broader structures or processes of global governance. This clarification helps to understand the character of billionaires’ activities in world politics. Second, we reverse the perspective from which Hägel looks at billionaires. We point out that, while Hägel tends to look over the shoulders of the billionaires and mainly observes how they exercise influence in world politics, we argue that the other actors matter, too. More specifically, we maintain that billionaires’ roles in global governance are shaped through their specific recognition by international society (state actors) and/or by world society (non-state actors). This change in perspective sheds additional light on the conditions that affect the role(s) billionaires can play in world politics. (shrink)

Abstract As non-state actors, PMSCs are not embraced by traditional state-dominated doctrines of international law. However, international law has itself failed to keep pace with the evolution of states and state-based actors, to which strong Westphalian notions of sovereignty are no longer applicable. It is argued that these structural inadequacies stand in the way of international regulation of PMSCs, rather than defects in international human rights and humanitarian law per se. By analyzing understandings of legal (...) responsibility, where such structural issues come to the fore, it is argued that, rather than attempting to resolve the essentially ideological dispute about the inherent functions of a state, regulatory regimes should focus on the positive obligations of states and PMSCs, and the interactions between them. Applying the results of this analysis, current and proposed regulatory regimes are evaluated and their shortcomings revealed. (shrink)

This paper contributes to the growing social science scholarship on organic agriculture in the global South. A “boundary” framework is used to understand how negotiation among socially and geographically disparate social worlds (e.g., non-governmental organizations (NGOs), foreign donors, agricultural researchers, and small-scale farmers) has resulted in the diffusion of non-certified organic agriculture in Kenya. National and local NGOs dedicated to organic agriculture promotion, training, research, and outreach are conceptualized as “boundary organizations.” Situated at the intersection of multiple social worlds, these (...) NGOs engage in “strategic bridge building” and “strategic boundary-work.” Strategic bridge building involves the creation and use of “boundary objects” and “hybrid forms” that serve as meeting grounds for otherwise disconnected social worlds. Strategic boundary-work involves efforts to “scientize,” and thereby legitimize, organic agriculture in the eyes of foreign donors, potential research collaborators, the Kenyan state, and farmers. Examples of strategic bridge building and boundary-work are presented in the paper. The Kenyan case illustrates that different social actors can unite around a shared objective – namely, the promotion and legitimization of organic agriculture as an alternative to the Green Revolution (GR) technological package. (shrink)

Political theorists have written a great deal about the ethics of “intervention,” defined as states using coercion or force to interfere in foreign societies’ politics. But this work leaves much of global politics un-analyzed—both because non-state actors play an increasingly significant role in it and because its practitioners use many tactics besides force and coercion.We need an ethics of foreign influence to help us navigate the global political arena in all its complexity. Here, I begin to develop a (...) unified theory of the ethics of deliberate attempts to promote justice in foreign societies, whether undertaken by state or non-state actors, and whatever tactics they employ. I identify two important but under-appreciated dimensions along which instances of foreign influence can differ and argue that, once we appreciate the full range of forms foreign influence can take, we’ll see it’s often immune to the common moral objections against intervention. (shrink)

STS research has devoted relatively little attention to the promotion and reception of science and technology by non-scientific actors and institutions. One consequence is that the relationship of science and technology to political power has tended to remain undertheorized. This article aims to fill that gap by introducing the concept of sociotechnical imaginaries. Through a comparative examination of the development and regulation of nuclear power in the US and South Korea, the article demonstrates the analytic potential of the imaginaries (...) concept. Although nuclear power and nationhood have long been imagined together in both countries, the nature of those imaginations has remained strikingly different. In the US, the state’s central move was to present itself as a responsible regulator of a potentially runaway technology that demands effective containment. In South Korea, the dominant imaginary was of atoms for development which the state not only imported but incorporated into its scientific, technological and political practices. In turn, these disparate imaginaries have underwritten very different responses to a variety of nuclear shocks and challenges, such as Three Mile Island (TMI), Chernobyl, and the spread of the anti-nuclear movement. (shrink)

In this introductory article we explore the relationship between statehood and governance, examining in more detail how non-state actors like MNCs, international NGOs, and indigenous authorities, often under conditions of extreme economic scarcity, ethnic diversity, social inequality and violence, take part in the making of rules and the provision of collective goods. Conceptually, we focus on the literature on Areas of Limited Statehood and discuss its usefulness in exploring how business-society relations are governed in the global South, and (...) beyond. Building on insights from this literature, among others, the four articles included in this special issue provide rich illustrations and critical reflections on the multiple, complex and often ambiguous roles of state and non-state actors operating in contemporary Syria, Nigeria, India and Palestine, with implications for conventional understandings of CSR, stakeholders, and related conceptualizations. (shrink)

ABSTRACT Peter Hägel's Billionaires in World Politics undoubtedly fills a gap in the literature of international relations and global governance. My comment seeks to highlight that Hägel's (2020. Billionaires in World Politics. 1st ed. Oxford Scholarship Online. Oxford: Oxford University Press) work allows us to advance our understanding of how these private actors can be understood as legitimate authorities and how they can contribute to the legitimacy of the international order. I divide my commentary into three points: the first (...) concerns the approach to billionaires from their individual agency (the individual approach), the second relates to the separation between the state and the global levels (the division approach), and the third presents questions on political legitimacy that arise from his case studies (the legitimacy question). (shrink)

This article contributes to the debate on governance of emerging technologies, focusing in particular on the international level and taking into account the fact that these technologies are developed through a common effort of different stakeholders including governments, research communities, industry and civil society actors. These issues are explored from the perspective of communitarian ethical criticism of liberal social contract thinking, in order to enhance visibility of the influence collective non-state actors exercise on the development of these (...) technologies. In particular, the effect of different values in the discussion on emerging technologies on the perceived governance options is explored. A paradigm shift from defensive values such as security, risk and human rights to more optimistic values like peace, justice and integrity of creation is proposed and discussed. (shrink)

More than two hundred cities in the United States have now declared themselves to be sanctuary cities. This declaration involves a commitment to non-compliance with federal law; the sanctuary city will refuse to use its own juridical power – including, more crucially, its own police powers – to assist the federal government in the deportation of undocumented residents. We will argue that the sanctuary city might be morally defensible, even if deportation is not always wrong, and even if the federal (...) government is legally permitted to demand that states participate in the process of deportation. We defend this conclusion with reference to a simple, but powerful, norm of international law: that of non-refoulement. As we will discuss, this norm articulates the idea that no state may rightly use its coercive power to move a person into a position in which their basic rights are at risk. We take this norm as a morally defensible principle, and ask what could follow from its acceptance. We argue that this norm has implications for a variety of actors – especially when we notice that those who are facing unjust risks of death are, in general, entitled to use defensive violence against their aggressors. This simple fact, we argue, can help offer a novel defense of the sanctuary city. (shrink)

The COVID-19 Vaccines Global Access Facility represents an unprecedented global collaboration facilitating the development and distribution of vaccines for COVID-19. COVAX pools and channels funds from state and non-state actors to promising vaccine candidates, and has started to distribute successful candidates to participating states. The WHO, one of the leaders of COVAX, recognised vaccine doses would initially be scarce, and therefore, prepared a two-staged allocation mechanism they considered fair. In the first stage, vaccine doses are distributed equally (...) among participating countries, while in the second stage vaccine doses will be allocated according to a country’s need. Ethicists have questioned whether this is the fairest distribution—they argue a country’s need should be taken into account from the start and correspondingly, have proposed a framework that treats individuals with equal moral concern, aims to minimise harm and gives priority to the worst-off. In this paper, we seek to explore these concerns by comparing COVAX’s allocation mechanism to a targeted allocation based on need. We consider which distribution would more likely maximise well-being and align with principles of equity. We conclude that although in theory, a targeted distribution in proportion to a country’s need would be more morally justifiable, when political realities are taken into account, an equal distribution seems more likely to avert a greater number of deaths and reduce disparities. (shrink)

Who ought to do what, and for whom, if global justice is to progress? In this collection of essays on justice beyond borders, Onora O'Neill criticises theoretical approaches that concentrate on rights, yet ignore both the obligations that must be met to realise those rights, and the capacities needed by those who shoulder these obligations. She notes that states are profoundly anti-cosmopolitan institutions, and that even those committed to justice and universal rights often lack the competence and the will to (...) secure them, let alone to secure them beyond their borders. She argues for a wider conception of global justice, in which obligations may be held either by states or by competent non-state actors, and in which borders themselves must meet standards of justice. This rich and wide-ranging collection will appeal to a broad array of academic researchers and advanced students of political philosophy, political theory, international relations and philosophy of law. (shrink)

Security in International Relations has undergone profound changes since the end of the Cold War. After the end of bipolarism the system of International Relations has experienced three main variations concerning structure, provision and perception of security. First of all, the international arena must deal with the consequences of the progressive decline of sovereignty and the shifting from a statocetric to a multicentric model of global relations; secondly, non-state actors are emerging as brand-new providers of security in many (...) parts of the world; finally, new representations of security are shaping the social perception of “safety” pointing out the needs to give certainty and protection to single, weak persons as the real target for collective international security produced by responsible states. (shrink)

Science and technology policy is often confronted with issues that are both complex and controversial and which have to be decided upon in a delicate constellation of policy-makers, experts, stakeholders, non-governmental organizations and the public. One attempt to deal with such a complex problem is via citizen involvement. Participatory technology assessment (pTA) already goes back to several decades, and countries have made various experiences. While in some countries, governments established technology assessment organizations, which also included pTA in their methodological portfolio, (...) others primarily rely on experts to make decisions on science and technology policy. In a third group of countries non-state actors, such as social scientists, experimented with pTA. However, they were often unable to link these experiments to policy-making. This paper deals with the question of why this variation exists and compares the use of pTA in Switzerland and Austria. Despite similarities between the two countries, both had quite different experiences with pTA so far. Whereas several pTAs have been carried out in Switzerland until today, Austrian pTAs have remained infrequent. The aim of this paper is to explain this difference as a result of different ways of policy-making which affect the use and chances of pTA. (shrink)

The lack of primary healthcare integration has been identified as one of the main limits to programs’ efficacy in low- and middle-income countries. This is especially relevant to the Millennium Development Goals, whose health objectives were not attained in many countries at their term in 2015. While global health scholars and decision-makers are unanimous in calling for integration, the objective here is to go further and contribute to its promotion by presenting two of the most important challenges to be met (...) for its achievement: 1) developing a “crosswise approach” to implementation that is operational and effective; and 2) creating synergy between national programs and interventions driven by non-State actors. The argument for urgently addressing this double challenge is illustrated by drawing on observations made and lessons learned during a four-year research project evaluating the effects of interventions against malaria in Burkina Faso. The way interventions were framed was mostly vertical, leaving little room for local adaptation. In addition, many non-governmental organizations intervened and contributed to a fragmented and heteronomous health governance system. Important ethical issues stem from how interventions against malaria were shaped and implemented in Burkina Faso. To further explore this issue, a scoping literature review was conducted in August 2016 on the theme of integrated primary healthcare. It revealed that no clear definition of the concept has been advanced or endorsed thus far. We call for caution in conceptualizing it as a simple juxtaposition of different tasks or missions at the primary care level. It is time to go beyond the debate around selective versus comprehensive approaches or fragmentation versus cohesion. Integration should be thought of as a process to reconcile these tensions. In the context that characterizes many low- and middle-income countries today, better aid coordination and public health systems strengthening, as promoted by multisectoral approaches, might be among the best options to sustainably and ethically integrate primary healthcare interventions. (shrink)

The just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article (...) will examine four criteria, including ‘popular support and representation of a people’; ‘monopoly of violence and effective control over a people’; ‘compliance with international legal and just war standards’; and ‘predisposition to strive for a lasting peace’. It will be shown that out of these four criteria only the first can be defended. Furthermore, it will be illustrated that non-state violent agents may perfectly well satisfy this criterion. In contrast, state actors may clearly fail in this regard. But, it will also become obvious that in exceptional circumstances violent agents do not require explicit approval from the people on whose behalf they act. Finally, the article will argue that – in principle – individuals should be entitled to employ violence for political objectives. (shrink)