Law, Justice and the Idea of a World Security

This article examines the thesis that international law is evolving in ways that reflect the requirement of world justice rather than international order and that are appropriate to an emerging world society rather than the traditional society of states with which international law is normally associated. After considering arguments for and against this thesis, the article concludes that neither adequately describes the nature of international society at the end of the millennium.     

Urban Political Ecology, Justice and the Politics of Scale

This and the subsequent papers in this special issue set out the contours of Marxian urban political ecology and call for greater research attention to a neglected field of critical research that, given its political importance, requires urgent attention. Notwithstanding the important contributions of other critical perspectives on urban ecology, Marxist urban political ecology provides an integrated and relational approach that helps untangle the interconnected economic, political, social and ecological processes that together go to form highly uneven and deeply unjust urban landscapes. Because the power-laden socioecological relations that shape the formation of urban environments constantly shift between groups of actors and scales, historical-geographical insights into these ever-changing urban configurations are necessary for the sake of considering the future of radical political-ecological urban strategies. The social production of urban environments is gaining recognition within radical and historical-materialist geography. The political programme, then, of urban political ecology is to enhance the democratic content of socioenvironmental construction by identifying the strategies through which a more equitable distribution of social power and a more inclusive mode of environmental production can be achieved.     

Reconstructing the Politics of Indigenous Identity in Chile

Current research questions how archaeology has reconstructed social identities based on material culture and ethnic groups. Recently, some Native populations from the Tarapacá region, Northern Chile, have claimed their indigenous rights and recognition as Andean First Nations. Using existing laws and programs developed by the Chilean government, they have redefined themselves as organised local communities. Their claims question archaeological practice in the production and reproduction of scientific knowledge, and its social repercussions in the property of land, water and cultural heritage. Within the Latin American social context, archaeology sometimes has avoided playing a political role, consequently conceding certain histories above others. As a social science, the discipline needs to evaluate its impact on archaeologically based identities which are sometimes politically alienated, modified, and appropriated to create new representations of the past legitimised in present time. This paper furthers a discussion of the politics of identity by focusing on the Chilean Aymara case and the legitimacy of its appropriation strategies.     

Governance,the State and the Politics of Development

Current western aid and development policy aims to promote ‘good governance’ in the third world. Few would deny that competent, open and fair administration is both a worthy aim and a self-evident requirement of development. However, the current orthodoxy clearly illustrates the technicist fallacy, which is implicit in the following quotation from Pope, that the effective administration or ‘management’ of development is essentially a technical or practical matter. This article argues that development is fundamentally a political matter and that it is illusory to conceive of good governance as independent of the forms of politics and type of state which alone can generate, sustain and protect it. For Forms of Government, let fools contest; Whate'er is best administered, is best. (Pope, 1734: Bk 3, lines 303-4).     

Unions,Parties, and the Politics of State Government Legacy Cost

Many American state governments have made extensive promises to pay for employees’ health care and other benefits in retirement. Currently estimated at over $1 trillion in unfunded liabilities, these other postemployment benefits (OPEB) are creating a major fiscal problem for state governments. In this article, we examine the politics of OPEB. We seek to explain the variation in the generosity of OPEB across U.S. states. We argue that party competition theories do not adequately explain the outcomes we observe. Instead, we draw on the emerging Schattschneiderian approach to the politics of public policy to show that public union strength conditions a party's incentives to represent unions’ interests. In states where public sector unions are strong, unions can find their way into either party's coalition. We find that Republicans are more responsive to public union interests than either their ideological brand or prior research would suggest. It is only in states where public employees are weak that Republicans can act unilaterally and enact their preference for less government spending. To test our theories, we carry out an empirical analysis using a newly assembled data set of per capita OPEB liabilities across 49 states.     

Hazardous Liaisons: Risk, Power, and Politics in the Liberal State

This article presents a new approach to interpreting and analyzing technological risks and evaluating their impact on policymaking in liberal societies. I argue that risks must be seen first as emergent phenomena that resist reduction for either explanatory or policy purposes to the individual persons, events, or decisions that constitute them. Second, risks are intrinsically political things, involving aspects of power and interest in ways that also make policy decisions difficult. As emergent and political phenomena, then, modern technological risks pose unique policy difficulties for societies steeped in the epistemological and political individualism of classical liberalism.     

Neoliberalism,Authoritarian Politics and Social Policy in China

This article explores the relationships among neoliberalism, social policy expansion and authoritarian politics in contemporary China. It argues that in the era of neoliberalism, rising new right and authoritarian governments, the Chinese Communist Party has sought to retain power by shifting politically to the right and promoting neoliberal-looking economic policies. These policies have raised average living standards but also increased insecurity for most of the Chinese population, while new social policies have facilitated marketization. Social policy expansion includes minimal cash transfers as well as social old-age and health insurance for hitherto excluded sections of the population. These policies have begun to erode long-standing urban–rural segregation, but they have added new, underfunded, social programmes rather than widening participation in existing ones, re-segregating provision so that urban elites and formal sector workers enjoy much more generous provisions than many people working informally and those without work. These social policies’ most significant dark sides thus include compounded income inequalities and the segmentation and stigmatization of the poorest. Authoritarian controls have enabled the Communist Party to avoid redistributive policies that would undermine its urban support, so that politics in China differ from the right-wing populism of new, anti-establishment authoritarian regimes.     

World Justice,Global Politics and Nation States: Three Ethico-Political Problems

This paper identifies three sets of problems of a specific ethico-political type, generated by the interrelationship between ethics and politics in the areas of world justice and global politics. One instance in which this interrelationship is tested is that of the conflict of duties and values as it appears in the particular domain of the relations amongst sovereign nation states as well as between them and other social groups. Following the general Introduction, the main body of the paper contains the following three sections. (1) Without elaborating on the detailed mechanics of Kant's theory of perpetual peace, Section II discusses criticisms against the Kantian version of world peace in the context of which the first problem is encountered. The problem identified here is the ambiguity as to whether the establishment of a federated kind of peaceful co-existence between sovereign nations depends on the moral improvement of mankind or whether it is the other way round--i.e. whether ethical progress is a necessary presupposition or, rather, a consequence of political peace. That is, what is here identified as worrying is that the direction of dependence is not clear in such a proposal. Furthermore, such an approach, when applied to certain cases of inter-state differences, yields a rather alarming result as to the de-politicization of national states (Section II.2). (2) Yet such a type of international federalism requires a certain, peculiar, kind of legal enforcement of order without recourse to a supra state. So a re-examination of the notion of a legal order in general is needed. Given these requirements, Section III moves on to discuss moral conflict from the standpoint of relativism as it appears in the ethical and in the legal spheres. The second of our problems, identified in this section, is that, before discussing world justice we must first acknowledge the special relation and asymmetry between ethical standards and legal rules required by such a world order. (3) Finally, Section IV asks whether, given the above two problems, it is possible to envisage theoretically the logical possibility of moral conflict-resolution by postulating unchanging and encompassing super-norms of conduct. These special norms, if possible, would be able to direct action unequivocally when confronted with ethical or other dilemmas of duties (involving equally valid but conflicting demands among sovereign nations). This is the third problem. The Conclusion offers an evaluation of the whole discussion. These three ethico-political problems are shown to be interrelated. The overall thrust of the discussion is that it points to a number of philosophical difficulties in understanding the changing role of national states in a globalized political, economic and cultural environment. Accordingly, such difficulties have repercussions for any moral criticism of issues of world justice and global politics. I must make clear at the outset, though, that the discussion does not concern international relations theories per se.     

Chen,Li.Chinese Law in Imperial Eyes: Sovereignty,Justice and Transcultural Politics

Inspired by comments released in the British press following the 2009 execution in China of a British citizen,Chinese Law in Impenal Eyes seeks to understand the roots of the dominant Western interpretation of Chinese law,one that in part still echoes the comments expressed over the case of the ship the Lady Hughesin 1784.Focusing on several pivotal moments in the Sino-Western encounter (mainly between Britain and China) between 1740 and 1840,the author depicts the ways in which the image of Chinese law was created and shaped,and how it acquired such lasting power.     

NGOs,Civil Society,and the State in Bangladesh: The Politics of Representing the Poor

The established rhetoric of opposition between state and NGOs as development agents has shifted to one of complementarity and common interest. Along with this, the ‘comparative advantage’ claimed for NGOs has expanded from economic and welfare benefits to encompass also the political goods of civil society and popular participation. This paper reviews these developments in the context of Bangladesh. It argues that they need to be assessed critically in ways which are both theoretically informed and locally contextualized. While recognizing that there are, indeed, areas of common experience and interest between the state and NGOs in Bangladesh, it questions whether these necessarily coincide with the interests of those they all invoke: the poor.