Post‐conflict Statebuilding and State Legitimacy: From Negative to Positive Peace?

This article is concerned with the potential that statebuilding interventions have to institutionalize social justice, in addition to their more immediate ‘negative’ peace mandates, and the impact this might have, both on local state legitimacy and the character of the ‘peace’ that might follow. Much recent scholarship has stressed the legitimacy of a state's behaviour in relation to conformity to global governance norms or democratic ‘best practice’. Less evident is a discussion of the extent to which post‐conflict polities are able to engender the societal legitimacy central to political stability. As long as this level of legitimacy is absent (and it is hard to generate), civil society is likely to remain distant from the state, and peace and stability may remain elusive. A solution to this may be to apply existing international legislation centred in the UN and the ILO to compel international organizations and national states to deliver basic needs security through their institutions. This has the effect of stimulating local‐level state legitimacy while simultaneously formalizing social justice and positive peacebuilding.     

A trade balance: litigation and negotiation in the World Trade Organization's dispute settlement system

The establishment of the World Trade Organization (WTO) has been widely accepted as representing the legalisation of world trading rules. However, it is important to reflect on the limits of this legalisation thesis in terms of the interface between international and domestic policy processes. By locating trading disputes in a political analysis of policy implementation, it is argued that it is difficult to establish conceptually how the WTO dispute settlement system could have authority separate from and above the conventional international politics of trade policy relations. Instead, the article argues that case outcomes should be expected to be largely the product of domestic political institutions and policy processes, and how these intersect with developments in the WTO dispute settlement system. Brief studies of the Australian government's dispute settlement strategy and two high-profile WTO disputes—the US upland cotton and European Union sugar cases—serve to suggest that the authority of international trade law is not as significant as assumed by the legalisation thesis. Rather, domestic politics and institutions have an important impact on the outcome of trade disputes.     

Global social justice at the WTO? The role of NGOs in constructing global social contracts

Over the past decade, international non‐governmental organizations (NGOs) have been contesting the neo‐liberal economic order in international politics by campaigning for normative conditions to bring about what Richard Falk calls ‘humane governance’. However, the degree to which NGOs have contributed to the formation of global social contracts remains controversial. While NGO activists and various scholars advocate the establishment of such contracts, empirical testing of this normative argument is underdeveloped. Drawing upon this lack of empirical support, critics dismiss the global social contract concept and question the roles played by NGOs in international politics. This article addresses the controversy through a review, refinement and application of global social contract theory and an empirical study of two prominent international NGO campaigns directed at the World Trade Organization (WTO), an institution that represents a ‘hard test case’. It explores the ways in which NGOs and their networks are challenging the neo‐liberal basis of WTO agreements and contributing to the emergence of global social contracts. The article concludes that in some circumstances, NGOs have the capacity to inject social justice into international economic contracts and there is some basis for optimism regarding the formation of global social contracts involving NGOs, nation‐states and international organizations.     

Human rights in a global ecumene

How should we understand the cultural politics that has surrounded the development of international human rights? Two perspectives frame contemporary debate. For ‘cultural particularists’, human rights are western artefacts; alien to other societies, and an inappropriate basis for international institutional development. For ‘negotiated universalists’, a widespread global consensus undergirds international human rights norms, with few states openly contesting their status as fundamental standards of political legitimacy. This article advances an alternative understanding, pursuing John Vincent's provocative, yet undeveloped, suggestion that while the notion of human rights has its origins in European culture, its spread internationally is best understood as the product of a ‘universal social process’. The international politics of individual/human rights is located within an evolving global ecumene, a field of dynamic cultural engagement, characterized over time by the development of multiple modernities. Within this field, individual/human rights have been at the heart of diverse forms of historically transformative contentious politics, not the least being the struggles for imperial reform and change waged by subject peoples of diverse cultural backgrounds; struggles that not only played a key role in the construction of the contemporary global system of sovereign states, but also transformed the idea of ‘human’ rights itself. In developing this alternative understanding, the article advances a different understanding of the relation between power and human rights, one in which rights are seen as neither simple expressions of, or vehicles for, western domination, nor robbed of all power‐political content by simple notions of negotiation or consensus. The article concludes by considering, in a very preliminary fashion, the implications of this new account for normative theorizing about human rights. If a prima facie case exists for the normative justifiability of such rights, it lies first in their radical nature—in their role in historically transformative contentious politics—and second in their universalizability, in the fact that one cannot plausibly claim them for oneself while denying them to others.     

The case of the World Trade Organization

This article explores the relationship between power and rules within the context of international relations, utilizing as a case‐study what is arguably the most powerful international juridical institution in the world today, the World Trade Organization (WTO). The author draws upon a number of his previous works on the subject of the WTO and its predecessor, the GATT, wending through such topics as: the way that political and diplomatic leaders improvized and filled in the gaps of international institutions when the original idea for an International Trade Organization (ITO) failed; the remarkably elaborate development of the particularly deep and rich WTO Dispute Settlement (DS) jurisprudence (over 60,000 pages); and the constant tension between the role of nation‐state power and the power allocated to international institutions, apparently necessitated by the huge impact of ‘globalization’ and interdependency in world affairs (especially economic) today. Various specific issues and cases illustrate these tensions and allocations, including treaty interpretation techniques, the degree of deference towards the members’ government actions, the arguments about the appropriate role of the ‘adjudicators’, and the delicately sensitive approach of the DS system towards clashes of policy necessitating ‘balance’. Throughout, particular emphasis is laid upon the ‘rule oriented’ (‘more legalization’) approach of the WTO DS jurisprudence, both in reflection on the historical and current developments of that juridical system—from ‘power oriented’ to ‘rule oriented’—and also in the important roles regarding tensions between ‘sovereignty’ concepts and international rule needs.     

All is quiet on the Russian front: ceasefires and the pursuit of legitimacy by self-proclaimed “republics” in Ukraine

ABSTRACT

This paper examines the pursuit of legitimacy by the self-proclaimed “republics” in Ukraine. While these “republics” are illegal, questions of their legitimacy are commonly discussed almost entirely through Weberian rule-conformity. We argue that this one-dimensional view of legitimacy overlooks the rich context of normative aspects of power relationships. If the occupied Donbas is to be reintegrated into Ukraine, it is essential to understand the perceived legitimation of the political institutions in this region. We use David Beetham’s framework of legitimacy—consisting of legality, morality, and consent—to analyze the “republics’” pursuit of legitimacy. Our analysis leads to the proposition that while the “republics” are illegal, their supporters’ normative perceptions of the right to govern have ascribed more validity to the fake “governments” than what would have been expected from a legal point of view. Additionally, while a ceasefire between the Russian proxies and Ukraine’s forces has reduced violence, it has also levied temporal effect on the legitimation of illegitimate institutions. Our treatment of the process of legitimation over time helps us identify potential strategies of delegitimization should DPR and LPR reincorporate with Ukraine-controlled territory. Without dismantling internal perceptions of institutional legitimacy among inhabitants of nongovernment-controlled areas, a re-integration could not be accomplished.     

Resolving or Exacerbating Disputes? The WTO's New Dispute Resolution System

In 1995 the dispute resolution system of the WTO was transformed to make it more effective in enforcing WTO rules. Ironically, the improvements in the system have contributed directly to greater conflict in the WTO. How can improving a system to resolve disputes actually exacerbate conflict? This article identifies a number of conflict‐enhancing consequences of the change in the dispute resolution mechanism. Conflict is not bad per se. Indeed, if the outcome of this conflict is that governments must better justify participation in the WTO, then conflict is good. But there is a danger that international courts are more likely than not to generate conflict, while the international legal and political system is less adept at weathering controversy and addressing valid public concerns. Left unaddressed, conflicts generated by international legal bodies can erode support for the international legal system and multilateral strategies in general. This article suggests solutions designed to build into internationally legalized processes political safety valves, greater political sensitivity, and improved accountability, as well as legitimacy enhancing devices. Demonstrated here in the case of the WTO, the analysis described applies to international legal systems generally.     

Legitimacy and Public Policy: Seeing Beyond Effectiveness,Efficiency, and Performance

Studies of failure typically assess public policies through the lenses of effectiveness, efficiency, and performance. Here I wish to propose a further dimension to the evaluation and assessment of policy failure—legitimacy. The substantive elements of public policies and the procedural steps taken by authoritative decision makers during the policy cycle affect the perception of policy legitimacy held by both stakeholders and the public. In substantive terms, policy content should align with the dominant attitudes of the affected policy community and, ideally, the broader public. Procedurally, factors such as policy incubation, the emotive appeals deployed to gain support for an initiative, and the processes of stakeholder engagement shape the legitimacy of public policies and the governments who promote them. This argument is based on a comparison of education reform in two Canadian provinces during the 1990s. Governments in Alberta and Ontario pursued common agendas of education reform, but while Alberta achieved success, the Ontario government experienced a series of setbacks and lost the support of education stakeholders and the public. The root of Ontario's failures lies in the realm of legitimacy. These findings highlight the fact that the strategies used for enacting policy change may fail to bring about the necessary consensus among societal actors to sustain a new policy direction and calls attention to our need to better understand how governments can achieve meaningful public participation while still achieving legislative success in an efficient fashion.     

Energy Colonialism and the Role of the Global in Local Responses to New Energy Infrastructures in the UK: A Critical and Exploratory Empirical Analysis

Governments, namely in the global North, are fostering the deployment of large‐scale low carbon and associated energy infrastructures (EIs), such as power lines, to mitigate climate change. However, when infrastructures are to be deployed, opposition is often found. Environmental justice—involving issues of distributive and procedural justice and recognition—and associated inter‐group relations, has been identified as a key aspect for local opposition. However, research has rarely examined local perceptions of environmental justice and associated practices, such as energy colonialism, within a global perspective. Adopting an interdisciplinary approach, we examine if and how different‐level intergroup relations and collective narratives shape people's social‐psychological and geographical imaginaries and responses to EIs. Focus groups were conducted with community members affected by proposals to construct high‐voltage power lines in the UK. Analyses suggest that narratives around England's colonial history—within Britain and beyond Britain—shape responses to EIs.     

South Africa's abortion values clarification workshops — an opportunity to deepen democratic communication missed

A rich literature exists on local democracy and participation in South Africa. While the importance of participation is routinely built into the rhetoric of government, debate has increasingly focused on the dysfunctionality of participatory mechanisms and institutions in post-apartheid South Africa. Processes aimed ostensibly at empowering citizens, act in practice as instruments of social control, disempowerment and cooptation. The present article contributes to these debates by way of a critique of the approach used by the South African state, in partnership with the non-governmental sector, in what are called abortion "values clarification" (VC) workshops. This article examines the workshop materials, methodology and pedagogical tools employed in South African abortion VC workshops which emanate from the organization Ipas — a global body working to enhance women's sexual and reproductive rights and to reduce abortion-related deaths and injuries. VC workshops represent an instance of a more general trend in which participation is seen as a tool for generating legitimacy and "buy-in" for central state directives rather than as a means for genuinely deepening democratic communication. The manipulation of participation by elites may serve as a means to achieve socially desirable goals in the short term but the long-term outlook for a vibrant democracy invigorated by a knowledgeable, active and engaged citizenry that is accustomed to being required to exercise careful reflection and to its views being respected, is undermined. Alternative models of democratic communication, because they are based on the important democratic principles of inclusivity and equality, have the potential both to be more legitimate and more effective in overcoming difficult social challenges in ways that promote justice.     

The “Science” of Policy Development During Administrative Rulemaking

The legitimacy of government agencies rests in part on the premise that public administrators use scientific evidence to make policy decisions. Yet, what happens when there is no consensus in the scientific evidence—i.e., when the science is in conflict? I theorize that scientific conflict yields greater policy change during administrative policymaking. I assess this claim using data from the U.S. Food and Drug Administration (FDA). I identify policy change—what I refer to as “policy development” in this article—between the FDA's draft and final rules with a novel text analysis measure of shifts in regulatory restrictions. I then go on to find that more policy development does occur with scientific conflict. Moreover, using corresponding survey data, I uncover suggestive evidence that one beneficiary of such conflict may be participating interest groups. Groups lobby harder—and attempt to change more of the rule—during conflict, while an in‐survey experiment provides evidence of increased interest group influence on rule content when scientific conflict is high.     

Counting Carbon: Calculative Activism and Slippery Infrastructure

The environmental movement in the global North is in a state of impasse. It appears that despite the renewed international focus on climate change, and the actions of innumerable social movements, a “solution” to the problem appears as one, without a viable solution. It is the contention of this paper that climate change has no clearly viable solution as it is a seemingly impossible problem. This paper investigates how the problem of climate change is constructed as a global object of political action and how it functions to render politics into a matter of calculative action, one that seeks—but fails—to take hold of a slippery carbon infrastructure. It concludes by suggesting one possible solution to this dilemma is to turn away from the global scalar logic of climate change and towards a situated focus on questions of infrastructure, or what Dimitris Papadopoulos calls “thick justice”.     

Global energy governance: do the BRICs have the energy to drive reform?

It is widely accepted that the rising power of the BRIC countries—Brazil, Russia, India and China—has the potential to re‐shape the international system. However, little attention has been given to the BRICs’ role in a growing area of strategic importance: global energy governance. While global governance scholars now argue that the international energy architecture requires substantive reform to keep pace with the rapid transformations in global energy markets, largely driven by the BRICs, it is not clear what role these countries will play in future governance arrangements. Drawing on recent scholarship in global governance and international negotiations, interviews with G20 energy officials, and the observations of the author, a past delegate to G20 negotiations, this article examines whether the BRICs as a coalition have the capacity and willingness to drive substantive global energy governance reform. In doing so, it highlights the problems with the BRICs as a coalition on energy and considers the prospects for energy reform in light of China's increasing engagement with energy governance ahead of it hosting the G20 Summit in 2016.     

Negotiating Statehood: Dynamics of Power and Domination in Africa

This article, which forms the introduction to a collection of studies, focuses on processes of state construction and deconstruction in contemporary Africa. Its objective is to better understand how local, national and transnational actors forge and remake the state through processes of negotiation, contestation and bricolage. Following a critique of the predominant state failure literature and its normative and analytical shortcomings, the authors identify four key arguments of the scholarly literature on the state in Africa, which concern the historicity of the state in Africa, the embeddedness of bureaucratic organizations in society, the symbolic and material dimensions of statehood and the importance of legitimacy. A heuristic framework entitled ‘negotiating statehood’ is proposed, referring to the dynamic and partly undetermined processes of state formation and failure by a multitude of social actors who compete over the institutionalization of power relations. The article then operationalizes this framework in three sections that partly conceptualize, partly illustrate who negotiates statehood in contemporary Africa (actors, resources and repertoires); where these negotiation processes occur (negotiation arenas and tables); and what these processes are all about (objects of negotiation). Empirical examples drawn from a variety of political contexts across the African continent illustrate these propositions.     

The costs and consequences of drone warfare

One of the distinctive elements of President Barack Obama's approach to counterterrorism has been his embrace of Unmanned Aerial Vehicles (UAVs), or drones, to target terrorist operatives abroad. The Obama administration has used drones in active theatres of war, such as Afghanistan, but it has also dramatically increased the number of drone attacks launched by the CIA in other countries, such as Pakistan, Yemen and Somalia. The conventional wisdom on drone warfare holds that these weapons are highly effective in killing terrorist operatives and disabling terrorist organizations, while killing fewer civilians than other means of attack. This article argues that much of the existing debate on drones operates with an attenuated notion of effectiveness that discounts the political and strategic dynamics—such as the corrosion of the perceptions of competence and legitimacy of governments where drone strikes take place, growing anti‐Americanism and fresh recruitment of militant networks—that reveal the costs of drone warfare. Focusing particularly on drone use in Pakistan, Yemen and Somalia, the article suggests that the Obama administration's counterterrorism policy operates at cross‐purposes because it provides a steady flow of arms and financial resources to build up governments whose legitimacy it systematically undermines by conducting unilateral strikes on their territory. It concludes that the US embrace of drone technology is a losing proposition over the long term as it will usher in a new arms race and lay the foundations for an international system that is increasingly violent, destabilized and polarized between those who have drones and those who are victims of them.     

The Politics of Recognition and Redistribution: Development,Tribal Identity Politics and Distributive Justice in India's Jharkhand

This article illustrates how the potential of recognition‐based politics to achieve distributive justice is determined by political structures and the power relations that constitute them. In response to Nancy Fraser's framework of social justice, it shows that the meaningful coordination of identity‐based claims with distributive justice is constrained — not only by the content of the claims themselves, but also because redistributive demands are subverted through competing pursuits for power and legitimacy between rival political factions. The article describes how the separate‐state movement for Jharkhand in Eastern India was de‐radicalized by three instruments, namely, the reservation system, cultural nationalism and state development discourse. This explains why distributive measures do not feature prominently in the Jharkhand state and why recognition politics has taken a disciplined form in the electoral mainstream while distributive politics continues to be pursued through violent and extra‐parliamentary means.     

A Bretton Woods moment? The 2007–2008 crisis and the future of global finance

The 2007–2008 global financial crisis encouraged speculation about the prospects for a ‘Bretton Woods moment’ in which the global financial system would be radically redesigned. Many of those hoping for this outcome have since become disillusioned with the limited nature of the international financial reform agenda. But the success and innovation of the Bretton Woods conference was made possible by unique political conditions that are not present today, notably concentrated power in the state system; a transnational expert consensus; and wartime conditions. Moreover, a close reading of history reveals that the Bretton Woods system did not emerge from a single moment but rather from a much more extended historical process. If a new international financial system is being born today, it will be a slower and more incremental development process that can be divided into four phases: a legitimacy crisis; an interregnum; a constitutive phase; and an implementation phase. Viewed from this perspective, post‐crisis developments look more significant. The crisis of 2007–2008 has already intensified twin legitimacy crises relating to international financial policy and leadership. It has also generated an international reform initiative that has been unusual for its speed and internationally coordinated nature. Many of the details of this reform initiative remain unresolved and its content and breadth are hotly contested in various ways. We thus find ourselves in more of an interregnum than a constitutive phase. It remains unclear how quickly, if at all, the latter might emerge and in what form.     

Making Law Work: Restructuring Land Relations in Africa

This article explores a number of issues concerning the appropriate role for the law to play in the restructuring and reform of land relations and land tenure in Africa. Given current (external) donor tendencies, and (internal) pressures for reform from within, this is a particularly topical issue: in seeking to explore it, the author draws on his own experiences and involvement in land law reform, as well as other sources of information, concentrating on countries and events in Eastern and Southern Africa. After examining various models and country experiences, the article concludes that, while there is no single ‘right way’ to tackle land tenure reform in Africa, there are a number of factors which may be crucial to success, and in which the law—and lawyers—can play a vital role.