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This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the international and regional organisations that represent the key players in the evolving global order. The papers in this collection seek to map the real world of global governance - exploring who governs and how, what the leading international and regional organisations claim to do and what they actually do - as well as assessing the gap between the ideal of constitutionalised global governance and the actuality of governance under globalisation. The contributors discuss what it would mean for global governance to aspire to Rule of Law standards of transparency, accountability and participation together with categorical respect for human rights. In this collection, the perspective of modern public lawyers is systematically applied to the governance deficit associated with globalisation and to its institutional correction in pursuit of a legitimate regime of global governance.
Some have suggested that the turmoil in the eurozone "proves" the deficiencies in the welfare state. This book argues that the superior performance of the Scandinavian countries arises from their superior systems of social protection, which allow their citizens to undertake greater risk and more actively participate in globalization. Others suggest that we can address terrorism or transnational crimes through the strengthening of borders or long distance wars. This book develops the proposition that such approaches have the opposite effect and that only through spreading the kind of human security experienced in well-ordered societies can these dangers be managed. This book also examines how these global changes play out not only in the relations among countries and the management of globalization but at every level of our society--
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the role of corporations in an increasingly globalised world. Against the backcloth of perceived abuse of corporate power - alleged violations of human rights, degradation of the environment, abuse of labour, Enron-style financial scandals, and the like - the chapters in this collection examine the nature and function of the corporation as well as the way in which we should understand corporate governance and the power of transnational corporations. Central to the question is the issue of accountability, as well as the questions of social and environmental responsibility - here the authors ask whether corporations should be more accountable relative to the broader public interest, and suggest that public law approaches to accountability may offer a way forward. Consideration is also given to the most appropriate regulatory locus (local, regional, or international) and the most effective form of response to the deficit in corporate responsibility and the abuse of corporate power. For example, are transnational corporations most effectively regulated internationally (e.g., by the United Nations), regionally (e.g., by the EU or NAFTA) or locally (e.g., through stringent reporting requirements and implementation of triple bottom line standards)?
This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on human rights in the context of 'globalisation' together with the principle of 'respect for human rights and human dignity' viewed as one of the foundational commitments of a legitimate scheme of global governance. The first part of the book deals with the ways in which 'globalisation' impacts on established commitments to respect human rights. When human rights are set against, or alongside, potentially competing priorities, such as 'security' or 'economy' how well do they fare? Does it make any difference whether human rights commitments are expressed in dedicated free-standing instruments or incorporated as side-constraints (or 'collaterally') in larger multi-functional instruments? In this light, does it make sense to view a trade-centred community such as the EU as a prospective regional model for human rights? The second part of the book debates the coherence of a global order committed to respect for human rights and human dignity as one of its founding principles. If 'globalisation' aspires to export and spread respect for human rights, the thrust of the papers in this volume is that it could do better, that legitimate global governance demands that it does a great deal better, and that lawyers face a considerable challenge in developing a coherent jurisprudence of fundamental values as the basis for a just global order.
This book - one in the four-volume set,Global Governance and the Quest for Justice - focuses on themes of citizen organisation and empowerment set in the context of globalising legal processes. Chapter One sets the scene. Chapters Two, Three and Four focus on various challenges that globalisation poses for private law. How does substantive contract and tort doctrine that has been developed (mainly) for use within national legal systems adapt to more globalised dealings and wrongdoings? Should the source of regulation be private international law, harmonised national law, international accords (or some combination)? Chapters Five, Six and Seven focus on issues relating to access to justice (as a mode of empowerment) and its impact on the functioning of civil society. These chapters highlight a variety of procedural, professional and institutional challenges for access to justice in a globalised world. Chapter Eight considers how we are to reconcile the competing visions of the basis on which essential services are to be provided. In a global marketplace, is there any room for local values or for values other than those of free-market thinking? Finally, Chapter Nine focuses on the question of democracy in a globalised world. If civil society is to retain its political vitality, how are citizens to remain engaged and enfranchised as a new global politico-legal order takes shape?
This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.
This book is designed to provide an overview of the development and substance of international human rights law, and what is meant concretely by human rights guarantees, such as civil and political rights, and economic and social rights. It highlights the rights of women, globalization and human rights education. The book also explores domestic, regional and international endeavors to protect human rights. The history and role of human rights NGOs coupled with an analysis of diverse international mechanisms are succinctly woven into the text, which well reflects the scholarship and erudition of the authors. This lucidly written and timely volume will be of great help to anyone seeking to understand this area of law, be they students, lawyers, scholars, government officials, staff of international and non-international organizations, human rights activists or lay readers.
Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.
Since the UN's creation in 1945 a vast nexus of global and regional institutions has evolved, surrounded by a proliferation of non-governmental agencies and advocacy networks seeking to influence the agenda and direction of international public policy. Although world government remains a fanciful idea, there does exist an evolving global governance complex - embracing states, international institutions, transnational networks and agencies (both public and private) - which functions, with variable effect, to promote, regulate or intervene in the common affairs of humanity. This book provides an accessible introduction to the current debate about the changing form and political significance of global governance. It brings together original contributions from many of the best-known theorists and analysts of global politics to explore the relevance of the concept of global governance to understanding how global activity is currently regulated. Furthermore, it combines an elucidation of substantive theories with a systematic analysis of the politics and limits of governance in key issue areas - from humanitarian intervention to the regulation of global finance. Thus, the volume provides a comprehensive theoretical and empirical assessment of the shift from national government to multilayered global governance. Governing Globalization is the third book in the internationally acclaimed series on global transformations. The other two volumes are Global Transformations: Politics, Economics and Culture and The Global Transformations Reader: An Introduction to the Globalization Debate.
This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.