Abstract.This paper seeks to suggest a jurisprudential grounding for the European Community, and seeks to do so by using a specifically Kantian philosophy of law. Kant's observations on the nature of transnational orders, like so much of his political theory, have tended to be overlooked. To do so is to overlook one of the great political and jurisprudential treasures in modern western thought. It will be suggested that a proper understanding of a Kantian normative order, and the application (...) of such a model to the European Community will serve to dispel much of the confusion and sometimes near histrionic commentaries which have characterised recent attempts to understand the jurisprudence of the Community. (shrink)

Although eighteenth-century Federalists, including James Madison, have been associated with the very contemporary idea of a transnational political order, the argument that the modern state with its centralised authority and supreme power poses a threat to liberty was already a subject of discussions during the period. The American Constitution was intended to establish a new political order, rather than a loose federation or an enlarged state. The Framers were not alone in their preoccupation with a transnational (...) order; the German philosopher Immanuel Kant struggled with the same issues of liberty and security in his political essays. This chapter examines how Madison and Kant grapppled with the problem of transnational order in the context of democracy and republicanism. It looks at the issues addressed by Kant and Madison that are closely related to those discussed today, including diversity, popular sovereignty and political violence. The chapter suggests that Kant and Madison, along with many other republicans of the time, explored the idea of government without resorting to the models of small-scale, ancient republics. (shrink)

From the viewpoint of the constitutional crisis in Europe, slow UN reforms, difficulties implementing the Kyoto Protocol and the International Criminal Court, and tensions between human rights and trade, Mireille Delmas-Marty's 'journey through the legal landscape' of the early years of the 21st century shows it to be dominated by imprecision, uncertainty and instability. The early 21st century appears to be the era of great disorder: in the silence of the market and the fracas of arms, a world overly fragmented (...) by anarchical globalisation is being unified too quickly through hegemonic integration. How, she asks, can we move beyond the relative and the universal to build order without imposing it, to accept pluralism without giving up on a common law? Neither utopian fusion nor illusory autonomy, Ordering Pluralism is her answer: both an epistemological revolution and an art, it means creating a common legal area by progressive adjustments that preserve diversity. Since an immutable world order is impossible, the imaginative forces of law must be called upon to invent a flexible process of harmonisation that leaves room for believing we can agree on - and protect - common values. 'The book is timely and relevant to the practical concerns of those who work with, and within, the legal system. We must thank Professor Delmas-Marty for her fine work.' From the foreword, Stephen Breyer, Washington, DC. (shrink)

Transnational higher education, where students study on a ‘foreign’ degree programme whilst remaining in their home country, has seen exponential development over the last decade. In addition to the increase in students engaged in TNHE across the globe, the involvement of university teachers in TNHE has also risen in response to the demand for this form of international education. Although research into transnational education has doubled since 2006, there is a paucity of research focusing on transnational teacher (...) education, especially outside of North America. The global nature and scope of the expansion of TNHE remains underexplored, and the ways in which different countries are realising TNHE provision is little understood. This book explores the experiences and perceptions of teachers in transnational higher education, interrogating the ways in which university teachers negotiate cultural, linguistic, and disciplinary contexts in order to provide transformative learning experiences for their students. This book was originally published as a special issue of the _Journal of Education for Teaching. _. (shrink)

Transnational legal communication seeks to identify transnational legal regimes and attempts to establish channels and technics for comprehensible communication of the legal information to specified groups of recipients. It also strives to conclude about possible inconsistencies in law. The approach is based on the cooperation of scientists within the area of law and applied linguistics and the coordination of their efforts, in order to conduct research from various perspectives, share conclusions and develop more complete approaches as well (...) as achieve and mutually use more multilateral research results. It strives to reconcile legal research and linguistics research despite of their very different paradigms. The paper aims to explain the nature of legal communication and to establish its general research questions and objectives. The study is going to find an answer to the question what methods are to be used to communicate law comprehensively to its recipients and to draw conclusions on the consistency of legal regimes to be communicated. It accentuates that the solidarity necessary to achieve the objective of comprehensible and consistent law goes beyond the particular interests of individual sciences and is the foundation of the existence of the transnational legal communication community, non-depending on the place of living and the scope of practical knowledge. (shrink)

This article discusses the emergence of the concept of ‘transnational feminisms’ as a differentiated notion from ‘global sisterhood’ within feminist postcolonial criticism. This is done in order to examine its usefulness for interrogating the globalization of reproductive technologies and women’s right to selfdetermination over their own bodies by using these technologies. In particular, women’s use of technologies for assisted conception, and the local and global transactions in reproductive body parts form a testing ground for transnational feminisms. Does (...) the construction of individual reproductive rights still leave some ground for women’s collective struggles? It is proposed that, if at all, transnational solidarity on this issue is possible, it will have to be built on the concept of universal ethical norms regarding human dignity. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and (...) jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (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)

Taking a Foucauldian framework as its point of departure, this paper discusses how transnational discourses of knowledge and learning operate in the profession of computer engineering and form a certain logic through which modes of being an engineer are regulated. Both the knowledge domain of computer engineering and its related labour market is heavily internationalised and characterised by a general focus on universalism and standardisation. Moreover, rapid shifts in technologies and institutional arrangements contribute to an embracement of more wide-ranging (...) discourses related to lifelong learning and the enterprising self. Thus, dominant discourses of knowledge and learning within this profession reflect processes of globalisation and take a transnational character. The paper discusses how the discourses in play constitute mechanisms of governmentality that present certain expectations to professionals and shape their energies, efforts and desires in certain directions. In order to be influential, however, the discourses depend on individuals who take up the subject positions offered and enact them in locally relevant and partially creative ways. Thus, careful analyses of the discourses in specific knowledge communities, as well as of their interrelated subject positions, may enhance our understanding of the more epistemic dimensions of globalisation and how these come to influence the imaginations of individuals as ‘citizens of the world.’. (shrink)

Research on fairness in machine learning (ML) has been largely focusing on individual and group fairness. With the adoption of ML-based technologies as assistive technology in complex societal transformations or crisis situations on a global scale these existing definitions fail to account for algorithmic fairness transnationally. We propose to complement existing perspectives on algorithmic fairness with a notion of transnational algorithmic fairness and take first steps towards an analytical framework. We exemplify the relevance of a transnational fairness assessment (...) in a case study on a disaster response system using images from online social media. In the presented case, ML systems are used as a support tool in categorizing and classifying images from social media after a disaster event as an almost instantly available source of information for coordinating disaster response. We present an empirical analysis assessing the transnational fairness of the application’s outputs-based on national socio-demographic development indicators as potentially discriminatory attributes. In doing so, the paper combines interdisciplinary perspectives from data analytics, ML, digital media studies and media sociology in order to address fairness beyond the technical system. The case study investigated reflects an embedded perspective of peoples’ everyday media use and social media platforms as the producers of sociality and processing data-with relevance far beyond the case of algorithmic fairness in disaster scenarios. Especially in light of the concentration of artificial intelligence (AI) development in the Global North and a perceived hegemonic constellation, we argue that transnational fairness offers a perspective on global injustices in relation to AI development and application that has the potential to substantiate discussions by identifying gaps in data and technology. These analyses ultimately will enable researchers and policy makers to derive actionable insights that could alleviate existing problems with fair use of AI technology and mitigate risks associated with future developments. (shrink)

This essay examines how Chinese governments, local communities, and overseas Chinese in North America responded to the perceived health risks of Severe Acute Respiratory Syndrome (SARS) and H1N1 flu through the use of public and participatory rhetoric about risk and quarantines. Focusing on modes of security and quarantine practices, I examine how globalization and the social crises surrounding SARS and H1N1 flu operated to regulate differently certain bodies and areas. I identify three types of quarantines (mandatory, voluntary, and coerced) and (...) conduct a transnational comparative analysis to investigate the relationships among quarantines, rhetoric, and public communication. I argue that health authorities must openly acknowledge the legitimacy of public input and actively seek public support regarding health crises. Only by collaborating with concerned communities and citizens and by providing careful guidance for public participation can health institutions ensure the efficacy of quarantine orders during emerging epidemics. (shrink)

Memorializing Violence brings together feminist and queer reflections on the transnational lives of memorialization practices, asking what it meanas to grapple with loss, mourning, grief, and desires to collectively remember and commemorate-as well as urges to forget-in the face of disparate yet entangled experiences of racialized and gendered colonial, imperial, militarized, and state violence. The volume uses a transnational feminist approach to ask: How do such efforts in seemingly unconnected remembrance landscapes speak to, with, and through each other (...) in world order inflected by colonial, imperial, and neoliberal logics, structures, and strictures? How do these memorializing initiatives not only formulate within but move through complex transnational flows and circuits, and what transpires as they do? What does it mean to inhabit loss, mourning, resistance, and refusal through memorialization at this moment, and what's at stake in doing so? What might transnational feminist analyses of gender, race, sexuality, class, and nation have to offer in this regard? (shrink)

The _why_ and the _how_ of knowledge production are examined in the case of the transnational cooperation between the directors of observatories in the Far East who drew up unified typhoon-warning codes in the period 1900–1939. The _why_ is prompted by the socioeconomic interests of the local chambers of commerce and international telegraphic companies, although this urge has the favourable wind of Far Eastern meteorologists’ ideology of voluntarist internationalism. The _how_ entails the persistent pursuit of consensus (on ends rather (...) than means) in international meetings where non-binding resolutions on codes and procedures are adopted. The outcome is the co-production of standardised knowledge, that is, the development of a series of processes and practices that co-produce both knowledge and ideas about the social order in a force field characterised by negotiations and power struggles. (shrink)

When it comes to discourses around women's labor in global contexts, we need feminist philosophical frameworks that take the intersections of gender, race, and global capitalism seriously in order to arrive at a comprehensive understanding of women's lives within global processes. Women of color feminist philosophy can bring much to the table in such discussions. In this essay, I theorize about a concrete instance of global women's labor: transnational commercial gestational surrogacy. By introducing a “racialized gender” analysis into (...) the philosophical debate on this issue, I argue that women's reproductive labor is becoming increasingly stratified within the global economy along racial and other lines. This paves the way for a “transnational reproductive caste system,” which ends up reifying various social hierarchies and sustaining existing global inequities. I aim to expose the kind of violence that surrogates experience due to such stratification as women of color in a transnational space. I discuss how discourses of race and existing racial hierarchies play out in international surrogacy and ways in which these, and indeed, the very category of “woman of color” get complicated in international contexts when they intermingle with other localized social forms and global inequities. For the purposes of my argument, I engage several insights from feminist of color Dorothy Roberts's work on race and reproductive technologies in the US. (shrink)

The literature on transnational civil society encompasses a number of conflicting views regarding civil society organizations’ (CSOs) behavior and impacts and the desirability of civil society involvement in international policymaking. This piece suggests that this lack of consensus arises from the diverse range of contexts in which CSOs operate and the wide variety of activities in which it engages. This article seeks to organize and analyze the disparate data on civil society by developing a context-based standard of democratic legitimacy (...) for CSOs. The article disaggregates democracy into input, throughput, and output components, and shows how CSOs must support or manifest different aspects of democracy in order to be democratically legitimate in a given context. Applying this standard to existing works, the article identifies several problems in current research, including a failure to recognize ways the democratic imperatives of transnational advocacy differ from national advocacy, and the potential for international civil society interventions to undermine local democratic processes. Keywords: transnational civil society; democracy; global governance; NGOs; international policymaking (Published: 1 September 2010) Citation: Ethics & Global Politics, Vol. 3, No. 3, 2010, pp. 217-238. DOI: 10.3402/egp.v3i3.4882. (shrink)

Migration is one of the social processes that have influenced and are still deeply influencing current Romanian society, given that millions of Romanian citizens have relatives who had longer or shorter migration projects. Migration leads to socio-economic and cultural changes, which cause temporary or permanent changes in the human reality, the way of life and the personality of those who leave, but also of those who remain at home. Certainly, migration affects, first of all, the family, changing both its structure (...) and functionality. The temporarily disintegrated family has become one of the forms towards which the evolution of the family is moving, raising a multitude of problems aimed at a new lifestyle and interaction, new demands in the line of adjustment and accommodation both within and outside the family. The phenomenon of emigration in order to find a workplace affects both the family, as a social nucleus, and the individual as part of the family structure. Migration has a major impact on the relationship between spouses, on the parent-child relationship, on parental behavior, on destiny, in general. Although the family remains central to the existence of individuals in a transnational situation, its cohesion is not self-evident; it becomes a problem of community integration. Following the way in which the perspective on the family has changed in the context of migration, the study aims to identify and analyze the most important transnational practices through which family cohesion was maintained in the case of Romanian migration. To better understand this process of maintaining transnational family cohesion, we use an analytical model in four dimensions (social, positional, cultural and identity). (shrink)

The “transnational turn” in ethnic studies, women’s studies and American studies has shifted the discussion of identity by focusing on the space-between, the liminal space that emerges as a starting point of reflecting on one’s varied social locations.1 In this essay, I would like to theorize the philosophical underpinnings of identity formation and the social ontology of transnational identities through the works of Josiah Royce. In theorizing about the betweenness relation, I examine two concepts in Royce’s work—travel and (...) home—in order to interpret Royce’s motivations and interests in conceiving his theory of community and provincialism. In this essay, I articulate the two requirements of the betweenness.. (shrink)

Despite the unprecedented freedoms that decolonization has brought for many Black1 people – especially in specific regions of the African Diaspora – freedom and its fulfilment, adequate signs and contested meanings remain a preoccupation within Black cultural discourses and practices. At the same time, while political and cultural nationalisms have led to greater political and civil rights, racism has not been eradicated. Furthermore, the new postcolonial globalizations of capital, people and cultures have destabilized the collective identities that framed twentieth-century struggles (...) for national sovereignty and equal citizenship, without necessarily erasing them. Instead, they remain, no longer securely anchored in their old homogenous appearances, but re-configured through the inner differences and contradictions of gender, sexuality, ethnicity and religion. This article addresses these internal differences and the ways in which they produce new contestations over race, the meaning of Black representation and postcolonial freedom, negotiations that are increasingly traced on the intimate contours of the body and the self, through practices of personal consumption, erotic hedonism and style as key performances of freedom. It achieves this through examining two localized moments in the transnational and diasporic circulation of Jamaican dancehall culture, understood as a privileged public space for the performance of Black identifications and personal freedom. It argues that the eroticized discourses of ethnicity, race and gender found in dancehall culture articulate the dominance of neo-liberal conceptions of freedom at the same time as they express, resist and comment on new cultural hegemonies not reducible to racism or the power of the West; that is how dancehall expresses the new problematizations of postcoloniality. 1Except when quoting other writers, I will capitalise the word Black, in order to recognise Black identity as a historically and politically constituted experience and representational category, and not solely denoting skin colour. (shrink)

This paper explores the implications of mass migration and the conditions of hybridization for early 21st century Western societies in texts dealing with migrantexperiences. The novel Goodbye Lucille (2007) by the Afro-cosmopolitan writer Segun Afolabi will be explored with respect to the crucial problem of an ethics and politics of belonging, related to the recent controversies surrounding multiculturalism and issues of migration. This text deals with the “in-between world” of migrants and negotiates questions of identity, alienation and belonging in a (...) so-called transcultural/transnational context. The issues raised in Segun Afolabi's fiction are addressed by employing the ways of thinking developed in political philosophy, including recent phenomenological attempts to theorize the notion of “home” and “belonging” (e.g., by Karen Joisten, but also Martin Heidegger) in order to deal with the complexities of the issue. The question, “What constitutes the good life for the individual and the political community?”, needs to be considered by taking into account the current plurality of approaches to forging identitiesin the political sphere as well. The subtlety of literary accounts of this phenomenon – literature may indeed be one of the best diagnostic instrument for studying a society – sheds light, I suggest, on the conditions of politically relevant identity formations. A close reading of literary texts such as those by Afolabi offers an important contribution to a realistic, and therefore complex and complicating, account of our overall situation in the Western world with respect to the politics of belonging. (shrink)

Defenders of the Enlightenment highlight the long neglected anticolonial writings of thinkers like Immanuel Kant, which serve as a corrective to the misrepresentation of the Enlightenment's epistemological investment in imperialism. One of the most pervasive repercussions of the claim that the Enlightenment was always already anti-imperial is that postcolonial critique is rendered redundant, and the project of decolonizing European philosophy becomes unnecessary. Contesting the exoneration of Enlightenment philosophers of racism and sexism, this article debunks the claim that Kantian cosmopolitanism was (...) an antidote to colonialism. Addressing the ambivalent legacies of the European Enlightenment for the postcolonial world, with special focus on the “Syrian refugee crisis,” the article examines the enduring normative violence exerted by Enlightenment principles of cosmopolitanism and outlines the contested terrains that inflect current geopolitics of knowledge-production. Given that the normative idea of philosophy, as defined during the Enlightenment, continues to delegitimize non-European perspectives, the integration of previously marginalized knowledges into the philosophical canon is insufficient; rather, in order to desubalternize non-Western epistemologies, it is imperative to undo the uneven distribution of epistemic agency globally. Drawing on Gayatri Spivak's ideas of transnational literacy and planetary ethics, the article concludes by underscoring the contribution of postcolonial-feminist critique in imagining postimperial philosophy in a global age. (shrink)

In many cases, mosques have been accused by anti-terror agencies as a potential place to spread transnational Islamic ideologies. This study examines the perceptions of mosque administrators (ta’mīr) about Pancasila, Islamic sharia and transnational ideology. This research took place in South Tambun, a densely populated subdistrict in Bekasi, West Java. Mostly populated by urbanites, it has heterogeneous religious understanding. A quantitative research method with descriptive statistics is used in this study to analyse the results of the survey conducted. (...) Furthermore, a qualitative technique is carried out through a series of interviews conducted with the respondents. Triangulation is carried out to increase the validity and credibility of the findings. The results showed that 40% of mosque administrators surveyed thought that transnational ideologies were not in accordance with the spirit of Pancasila. Meanwhile, the remaining 40% and 20% of respondents, respectively, consider transnational ideologies to be dangerous to social order, and divisive. The qualitative analysis shows that the respondents do not want the implementation of Islamic sharia and an Islamic state within the Indonesian constitutional framework.Contribution: This research can be used by policymakers and anti-terror agents to proportionally and participatively involve mosque administrators to narrow the wiggle room for the spread of transnational ideology. (shrink)

In this article, I locate the Critical Theoretic and Republican themes of misrecognition and domination in transnational democracy, viewed as an emancipatory project. Contrary to John Dryzek, I argue that transnational democracy requires an appropriate account of mutual recognition and personal integrity in order to ground the emancipatory dimension of this project, especially given Dryzek's analysis of transnational contests in forming personal identifications. Beyond this, I argue that the same themes are needed to supplement James Bohman's (...) account of the normative powers of dominated persons to initiate deliberation in circumstances of injustice. Primarily, my claim has been that the idea of personal integrity remains essential not only to motivating the project of transnational democracy, but also modifying the appeal to normative powers in the interest of enabling dominated persons to enter into communicative relationships and engage in public processes of critical self-examination. (shrink)

The article deals with the most important factors which shape challenges for educational policy and directions of its reformation in transnational educational space. In context of global society formation educational policies of developed countries demonstrates experiences of development and implementation of transversal (transferable, transcultural) competencies as key competencies of the 21st century in order to generate collective nous, peace, social justice and sustainable economic development. As one of the main goals of key competencies development considered promotion lifelong learning; (...) It emphasizes the need for situational, contextualize, projective teaching and constructivist approaches. Particular attention is paid to analysis of key competencies in the trans-European educational space, of transferable competencies as US educational strategy and transversal competencies as the strategies proposed by UNESCO. (shrink)

This chapter examines the assumptions of republican theory in relation to common notions of a legitimate international order. It considers an alternative definition of a legitimate global order that makes a distinction between states, federations of states, other organisations and political communities. In this definition, republican theory defends transnational democracy as the basic structure of a legitimate global order. The chapter begins with an overview of republican political theory and its differences from other approaches. It then (...) discusses the internal relationship between republicanism and modern statehood and shows the implications of reducing republicanism to individual states or attempting to ‘globalise’ the single republican state. Finally, it describes a model of transnational democracy that differs from the single state model. (shrink)

European prostitutes occupied an important intermediary status in colonial Bombay’s racially stratified sexual order. In this article, the author offers a transnational feminist analysis of how the colonial state managed its racial and spatial location. The colonial state individuated, fostered, and monitored European prostitutes much more closely than others involved in the sex trade, and “coercive protection” by the police and brothel mistresses kept European brothel workers within their assigned spaces. Paradoxically, international antitrafficking efforts in colonial Bombay consolidated, (...) rather than undermined, these relations of coercive protection. The League of Nations’ antitrafficking measures in the 1920s encouraged the police to focus on cross-nationalcases andthird-partyprocurers andto overlook women who were deemed insufficiently pure. Comparing police, missionary, and social workers’ records, the author offers a critique of both international antitrafficking discourses and the Indian colonial state’s interests in sustaining the sex trade. (shrink)

This essay explores the claim that bioethics has become a mode of biopolitics. It seeks to illuminate one of the myriad of ways that bioethics joins other institutionalized discursive practices in the task of producing, organizing, and managing the bodies—of policing and controlling populations—in order to empower larger institutional agents. The focus of this analysis is the contemporary practice of transnational biomedical research. The analysis is catalyzed by the enormous transformation in the political economy of transnational research (...) that has occurred over the past three decades and the accompanying increase in the numbers of human bodies now subjected to research. This essay uses the work of Michel Foucault, particularly his notion of docile bodies, to analyze these changes. Two loci from the bioethics literature are explored—one treating research in the United States and one treating research in developing countries. In the latter, we see a novel dynamic of the new biopolitics: the ways in which bioethics helps to create docile political bodies that will police themselves and who will, in turn, facilitate the production of docile human bodies for research. (shrink)

The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within (...) a broad historical and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)

A transnational capitalist class has emerged as that segment of the world bourgeoisie that represents transnational capital, the owners of the leading worldwide means of production as embodied in the transnational corporations and private financial institutions. The spread of TNCs, the sharp increase in foreign direct investment, the proliferation of mergers and acquisitions across national borders, the rise of a global financial system, and the increased interlocking of positions within the global corporate structure, are some empirical indicators (...) of the transnational integration of capitalists. The TCC manages global rather than national circuits of accumulation. This gives it an objective class existence and identity spatially and politically in the global system above any local territories and polities. The TCC became politicized from the 1970s into the 1990s and has pursued a class project of capitalist globalization institutionalized in an emergent transnational state apparatus and in a "Third Way" political program. The emergent global capitalist historic bloc is divided over strategic issues of class rule and how to achieve regulatory order in the global economy. Contradictions within the ruling bloc open up new opportunities for emancipatory projects from global labor. (shrink)

_Border-crossing in Education_ comprises a series of case studies covering a variety of cultural areas, in order to reveal the density of connections and exchanges that inform educational practices, policies, and systems. It attaches particular importance to individual and collective actors that govern these flows – initiating, promoting, or reconfiguring transfers of policy models. The contributors explore various aspects of the circulatory mechanisms that have been deployed in the field of education during the modern and contemporary period. Varying the (...) observation scales, from local to international, they demonstrate the multilateral character of the circulatory dynamics observed. The implementation of rich and varied approaches to these complex processes offers a perspective that complements and renews our knowledge of the genesis and evolution of educational policies and systems, most notably highlighting their foreign inspirations. However, these studies do not merely evoke borrowings and hybridization, as if national borders proved porous or non-existent. Instead they show that the phenomena of resistance, reinterpretation, and rejection are also an integral part of transnational mechanisms of exchanges. The book thus demonstrates the relevance of a historical approach in addressing these transnational mechanisms in the field of education and childhood policy. This book was originally published as a special issue of _Paedagogica Historica. _. (shrink)

Maternal health has become a top global priority. In contrast to the decline of the maternal subject (Stephens, 2011), and despite previous evidence that maternal health has struggled to find a place on the global policy agenda (Shiffman and Smith, 2007), it is now clear that the promotion of health for mothers and children is a staple of both government and private donor commitments. On humanitarian grounds, it makes sense to focus on maternal health and survival in the Global South. (...) Death related to pregnancy or childbirth is a disheartening example of needless suffering. But beyond the initial impulse to reduce suffering, what motivates and/or requires action for addressing injustice in the form of distributional inequities for maternal and reproductive health? In this article, I make a case for the necessity and validity of transnational cooperation to address maternal mortality and morbidity in the Global South. The first component of my argument addresses the transnational elements of both global interconnectedness and responsibility to act. These elements are drawn from Iris Marion Young’s philosophical justification for North-South responsibility-taking. The second component of my argument adds the concept of affective solidarity to that of transnational responsibility. My argument in this section draws from Iris Marion Young’s earlier work on identity (Young, 1990) and embodiment (Young, 1984) and expands the analysis of affective solidarity as a form of both embodiment and political commitment in order to explain the mechanism for transnational connection and understanding. And the final component of my argument explains how both of these elements – transnational responsibility and affective solidarity – support a theory of transnational maternal feminism. (shrink)

A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we know about, among other things, law, legality, sovereignty (...) and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations. (shrink)

This article examines several key aspects of maternity homes for ‘unwed mothers’ in order to understand the overwhelming phenomenon of single mothers giving up their babies for adoption in South Korea and its naturalization as a common practice. Drawing upon Foucault’s concept of biopolitics, this article recasts maternity homes as an institution of biopolitical welfare and highlights two features of social governance that the maternity home extends over the population of single mothers and their children. First, I argue that (...) this unique, non-governmental social service agency functions as a hub of biopolitical technologies, where multiple social, legal, economic, and political forces work in concert to curb single motherhood through the promotion of adoption via (1) containment, (2) classification, and (3) circulation. Second, attending to the intricate dynamics of maternity home practices, this article observes the ways in which a single mother relinquishes her motherhood via adoption and, in so doing, becomes a birthmother, a self-regulating and self-governable subject. (shrink)

Abstract:This essay aims to bring two important lines of inquiry and criticism together. It first lays out an institutionally enriched account of what a just world economic order will look like. That account prescribes, via the requisites to that mechanism which most directly instantiates the account, “three realms of equal treatment and market completion”—the global products, services, and labor markets; the global investment/financial markets; and the global preparticipation opportunity allocation. The essay then suggests how, with minimal if any departure (...) from familiar canons of traditional international legal mandate interpretation, each of the Bretton Woods institutions—particularly the GATT/WTO and the IMF—can be viewed at least in part as charged with the task of fostering equal treatment and ultimate market completion within one of those three realms. The piece then argues that one of the institutions in particular—the World Bank—has, for reasons of at best negligent and at worst willful injustice on the part of influential state actors in the world community, fallen farthest short in pursuit of what should be viewed as its proper mandate. The article accordingly concludes that a fuller empowerment of the Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice; and that full empowerment of the GATT/WTO and IMF should be partly conditioned upon the fuller empowerment of the Bank. (shrink)

The article begins with a selective outline of social theories of crisis. Such crisis diagnosis is important for general, societal argumentation. The current article positions normative-critical theories and Luhmann’s own version of system theory on opposite sides of the societal argument about the future of Europe and, generally, postnational society. The former supports moral and ethical visions of egalitarian pluralism, and the latter emphasizes the need to conform to the functional, communication logics of self-organizing social systems. It is then proposed (...) that if rival social theoretical traditions, the above named and others, are to engage in meaningful normative argument with one another, they must develop a minimal, shared understanding of what should constitute the theory of society. In pursuit of this goal, the article advances a shared, minimal, theoretical framework that addresses both the full spectrum of the normative culture of modernity and its critique, no matter from which social standpoint or theoretical tradition the latter is advanced. In conclusion, asserting its own normative standpoint, it is argued that both a European cultural model and a constitutional order based on cosmopolitan solidarity are needed. Such a model should assert moral principles of justice, equality, responsibility, and legitimacy that would adequately respect and include the full variety of milieus and associational forms in contemporary European society, not just those of the present elite. Such a model should not simply be abstractly asserted, though that is an essential first step, but its conditions of possibility should be supported by appropriate social research that would investigate capacities for transnational democratic innovation and the formation of substantive moral principles among European publics. (shrink)

Drawing on data from a comparative ethnographic study on media usage in transnational families, this paper contributes to a reappraisal of polymedia theory. Two main theoretical assumptions are reconsidered. First, it is demonstrated why the equal availability assumption has to be revised in light of the complex interactions between the corporeal, communicative and social mobilities which together constitute transnational migration. Second, it is argued that the techno-socially accomplished co-presence in transnational families depends more on the creative appropriation (...) and combination of different media channels and communication forms than on the choice between them. In order to empirically investigate the specific needs for, and forms of co-presence in families, the concept of ‘registers of presence’ is proposed. It allows us to understand in detail in what ways and in which constellations transnational families create togetherness with the help of communication technologies. (shrink)

This paper examines the overwhelming desire of transnational adoptees to establish a connection with their origins in order to both come to terms with the past and develop an understanding of their identity. It considers the ethical ramifications of the commodification of human bodies. It is suggested that the idea of displacement is most helpful in approaching questions of transnational adoption. In this way, we can look at transnational adoption as a 'beginning' - one that disappears (...) into the present moment, becoming the constitutive reality underlying Derrida's concern with displacement - rather than its origin. For, what does the quest for a return to the point of origin entail? Transnational adoptees, when they embark on the journey of reclaiming their past, of coming to terms with their sense of loss, realise that there is no simple comfort in returning - that they are inevitably caught in the two worlds in which they co-exist. It is through this recognition of the traces that are contained in them, through this displacement, that they are able to negotiate identity. (shrink)

The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential grounds for and against non-altruistic surrogacy remain controversial. This paper contributes to the debate by focusing on social justice issues arising from transnational, moneymaking surrogacy, with a focus on the Global South. It argues that existing theoretical perspectives on balancing interests, rights, privileges, and resources in the context of cross-border surrogacy—such as cosmopolitanism, communitarianism, liberal feminism, radical feminism, and neorealism—are (...) not sufficient to treat the question of justice underpinning transnational surrogacy in the Global South. An Afro-communal theory of social justice is proposed as an alternative model for addressing the shortcomings in existing global justice theories. Building on Thaddeus Metz’s construction of Afro-communal social theory and a bioethic of communion, this article reveals the fundamental nature of injustices in the Global South surrogacy foray. This approach provides prima facie grounds for making commercial surrogacy more just in the evolving global order. (shrink)

The current inclination, at the European level, to fund education in the form of projects radicalises the modern orientation towards the present as the attempt to bind a yet indeterminate future. This article proposes a close re-reading of Niklas Luhmann’s sociological oeuvre in order to problematise the place of the present in modern education. In an effort to sketch out the need for a new educational ecology, it then draws attention to how transnational projects articulate their educational meaning.

The emergence of the ever-growing anti-corruption movement from the early ’90s onwards has proven itself to be of considerable importance in how we understand and explain global inequalities as well as in redefining corruption as a lack of transparency. This paper examines the timing and content of this international anti-corruption movement. It argues that, following the collapse of the Soviet Union and the deepening of an increasingly transnational capitalism, anti-corruption discourse has arisen as a new version of the ‘white (...) man’s burden’, a justification for intervention into the domestic politics of less powerful states as well as an explanation for their relative poverty. Concurrently, the anti-corruption movement has functioned to push states into increasing their autonomy with respect to local interests and fractions of capital in order to become more subservient and hospitable to transnational capital as a whole. (shrink)

Outsourcing clinical trials sponsored by pharmaceutical companies from industrialized countries to low- -income countries – summarized as transnational biomedical research – has lead to many concerns about ethical standards. Whether study participants are particularly vulnerable is one of those concerns. However, the concept of vulnerability is still vague and varies in its definition. Despite the fact that important international ethical guidelines such as the Declaration of Helsinki by the World Medical Association or the Ethical Guidelines for Biomedical Research Involving (...) Human Subjects by the Council of International Organizations of Medical Sciences refer to vulnerability as ethical principle, each of their approaches are different. To overcome these shortcomings, we analyze and unite different approaches of vulnerability and develop practical criteria in order to operationalize the concept especially for the context of TBR. These criteria refer to the context of a study as well as the characteristics and the current living situation of study participants. Based on a case study of an HIV-vaccine-trial conducted in India we demonstrate how those criteria can be applied in a retrospective way to identify potential ethical conflicts. The criteria can also indicate a prospective function for ethical pre-assessment. For this, we provide an outlook for three major topics: 1. Vulnerability as a normative concept: Different ways of protection; 2. The relevance of transparency and 3. Vulnerability as an instrument to increase decision participation of human subjects. (shrink)

In this paper, I examine Iris Marion Young's conception of power, arguing that it is incomplete in at least two ways. First, Young tends to equate the term power with the narrower notions of ‘oppression’ and ‘domination.’ Thus, Young lacks a satisfactory analysis of individual and collective empowerment. Second, as Young herself admits, it is not obvious that her analysis of power can be useful in the context of thinking about transnational justice. I conclude by considering one way in (...) which Young's analysis of power needs to be extended or perhaps modified in order to do justice to questions of transnational justice. (shrink)

Since the beginning of the new millennium, initiatives known as roundtables have been developed to create voluntary sustainability standards for agricultural commodities. Intended to be private and voluntary in nature, these initiatives claim their legitimacy from their ability to ensure the participation of all categories of stakeholders in horizontal participatory and inclusive processes. This article characterizes the political and material instruments employed as the means of formulating agreement and taking a variety of voices into consideration in these arenas. Referring to (...) the specific case of the “Roundtable on Sustainable Palm Oil”, I undertake a detailed analysis of the tensions relating to different forms of participation, which create a gap between “local minority voices” and international stakeholders—either non-governmental organizations or industries. Local communities and small-scale farmers face difficulties when making their voices heard in the form of debate proposed. Firstly, some participants attempt to re-impose a vertical hierarchical relationship between small-scale farmers or affected communities and company managers/directors in order to deprive the former of their powers of representation and of being able to transform reality. Secondly, the liberalism of interest groups in the roundtable accords value to experts, global knowledge, strategy, and detachment, at the expense of other capabilities of rooted or attached people who come to defend their real lives with a desire to raise critical issues of injustice. In this context, I highlight the capacity of local NGOs to relieve some of those tensions and to help locally affected communities and small-scale farmers introduce public stages for debates, by accommodating other forms of participation apart from the liberal one. By being close to and by restoring their dignity through a specific work of solicitude and care, local NGOs prepare affected people for public speaking. (shrink)

This paper analyses the role played by members of the Curie family in the visual diplomacy of cancer treatments. This relationship started in 1921, when Marie Curie travelled to the US, accompanied by her two daughters, Ève and Irène, to receive a gram of radium at the White House from President Warren Harding. In the years that followed, Ève Curie, as the biographer and natural heir of radium discoverers Marie and Pierre Curie, continued to contribute to the visual diplomacy of (...) cancer campaigning. Two events will be analysed through an interdisciplinary lens, merging history of science and visual-diplomacy studies, to show how the legacy of the Curies played out in the international consolidation of pre-war transnational alliances in the fight against cancer. One involves the picture of the chargé d'affaires of the France Republic, Jules Henry, receiving the biography authored by Ève,Madame Curie, at the French embassy in Washington. The other concerns the photograph of Ève visiting the Portuguese Oncology Institute (IPO) in 1940, which was immediately reproduced in the Institute's bulletin in order to raise awareness of cancer prevention strategies, and also captured in film as a propaganda tool for the Estado Novo regime (1933–74). (shrink)

A growing number of left-wing scholars criticize practices of transnational solidarity. Pointing to the cooptation of “globalism” by neoliberal capitalism, these scholars utilize this critique to advance leftwing nationalism. In this article, I reconstruct symptomatic texts of this genre and identify the critique of (liberal) cosmopolitanism as the common denominator in their calls for nationalizing the Left. As a consequence of their opposition to cosmopolitanism, these authors reject freedom of movement or global justice activism. In order to examine (...) whether the project of transnational solidarity is affected by this critique, I reconstruct its justifications in Critical Theory and postcolonial-feminist theory. Hauke Brunkhorst and Chandra Mohanty exemplarily theorize transnational solidarity in different ways, but each based on a substantial critique of liberal cosmopolitanism. By that, I show that a principled return to nationalism derived from a critique of cosmopolitanism is informed by coincidental evidence that rejects practices of transnational solidarity because of their alleged embeddedness in cosmopolitan reason. Drawing on La Via Campesina, I illustrate principles of a transnational solidarity project that is not justified with liberal cosmopolitan ideas. Their experiences challenge the nationalist/statist critique while not falling back into naïve and/or neoliberal cosmopolitanism. (shrink)

Biobanks are increasingly being linked together into global networks in order to maximise their capacity to identify causes of and treatments for disease. While there is great optimism about the potential of these biobank networks to contribute to personalised and data-driven medicine, there are also ethical concerns about, among other things, risks to personal privacy and exploitation of vulnerable populations. Concepts drawn from theories of globalisation can assist with the characterisation of the ethical implications of biobank networking across borders, (...) which can, in turn, inform more ethically sophisticated responses. Using the China Kadoorie Biobank as a case study, we show how distinguishing between the subnational, transnational, supranational and extranational spheres of operation and influence can help researchers, institutions and regulators to understand and manage the ethical issues raised by the globalisation of biobanking. (shrink)

This article offers a feminist engagement with and evaluation of Rainer Forst’s concept of transnational justice, especially as he articulates it in his most recent book, Normativity and Power: Analyzing Social Orders of Justification. While focusing on this book, the analysis I offer also builds on his earlier writings on a critical theory of transnational justice and the concept of the right to justification. Feminist theoretical resources, including current transnational feminist theory, provide a series of lenses that (...) bring into focus the strengths and weaknesses of Forst’s approach. This is particularly true with regard to the issue of whether he offers a theory of transnational justice sensitive to the gendered dimensions of global injustice, as well as to the realities of a non-ideal world. At key moments in the paper, I draw on examples of transnational gender-based and sexual violence as representative of a specific and prolific form of gendered global injustice to illustrate my argument. The argument advances in two main steps. First, I consider ways in which Forst’s work is feminist in nature and explore how he might reinforce feminist theoretical efforts. I then identify limitations of Forst’s theory from a transnational feminist perspective, exploring how feminist philosophers might challenge aspects of his approach. In this vein, I offer reflections relating to two main concepts: the tensions between ideal and non-ideal theory within Forst’s work and the idea of adaptive preferences. (shrink)

From the late nineteenth to twentieth century, the Bhagavad-Gītā became a transnational text influenced and molded by British colonialism and Orientalism. In this article, I argue that a particularly influential western figure, Peter Brook, adapted and represented the Gītā for a transnational audience in ways that expanded a neocolonial and Orientalist interpretive horizon for its contemporary reception. This essay examines how Brook’s particular approach to and universalist representation of the Gītā reveal an important decolonial paradox: the extension of (...) colonial relations into artistic and scholarly exchanges when attempting to enhance a text’s cross-cultural intelligibility. I advance this argument by critically exploring Brook’s universalist claims and ethical reflections on war, showing how his neocolonial vision of order—along with his impulse for control and speedy consumption of “performance capital”—ultimately undercut his universalizing aspirations. Finally, this examination elucidates a positive strategy for addressing the decolonial paradox in a contemporary Indian setting. (shrink)

It is now commonplace in many jurisdictions for judges to refer to the decisions of the courts of foreign jurisdictions when interpreting domestic human rights guarantees. But there has also been a persistent undercurrent of scepticism about this trend, and the emergence of a growing debate about its appropriateness. This issue is of particular relevance in jurisdictions that have relatively recently incorporated human rights provisions that are significantly judicially enforced. In the UK, a reconsideration of the use of comparative judicial (...) decisions in human rights cases is therefore particularly timely. The interpretation of the Human Rights Act 1998 will bring with it the issue of how far British courts will (and/or should) use jurisprudence from other countries in order to help in arriving at decisions on the interpretation of the Act. This article raises for debate, therefore, the meaning and significance of national judges» citation of judgments from other jurisdictions as part of their reasoning in cases with a significant human (or constitutional) rights aspect. Several questions are identified and explored in an attempt to consider various aspects of the general phenomenon. These include empirical questions (how far does it happen, and where?), jurisprudential questions (can we identify criteria that help explain why it does or does not happen?), and normative questions (is it legitimate?). A review of the existing literature is undertaken with a view to determining how far scholars have succeeded in answering these questions. The article concludes that significant gaps exist in our understanding of the phenomenon and raises for discussion the methodologies that may be appropriate for addressing the phenomenon in the future. (shrink)