The idea of global civil society

The main argument of this article is that the idea of global civil society challenges the concept of international relations. It traces the evolution of the idea of society and argues that civil society has always meant a rule-governed society where rules were based on some form of social contract among citizens. Historically, civil society was always territorially tied and contrasted with international relations between states. What changed in the 1980s and 1990s was the global dimension of civil society—a social contract is being negotiated across borders establishing a set of global rules involving states as well as international institutions. The article ends by asking whether September 11 and the war in Iraq mark a reversion to international relations.     

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.     

Space,Social Relations,and Contestation: Transformative Peacebuilding and World Social Forum Climate Spaces

The 2013 and 2015 World Social Forums in Tunis, Tunisia hosted thematic “climate spaces” for the first time. This article examines the extent to which these spaces are constitutive of a form of “transformative peacebuilding” aiming to transform social relations and eliminate the structural violence of the world capitalist economy. Both the theoretical and practical activities of civil society at the climate spaces are shown to be transformative but only to the extent that they contest broad processes of trasformismo which transcend differences and obscure the lived realities of governance and resistance. In this sense, civil society groups and movements at the climate spaces are shown to engage with global capitalism to potentially produce new global understanding and action. This generates new understandings of civil society as constitutive of directly resistant modes of social relation that push for radically different visions of climate justice and governance.     

The Future of International Criminal Evidence in New Wars? The Evolution of the Commission for International Justice and Accountability (CIJA)

This article explores the intellectual formation of the Commission for International Justice and Accountability (CIJA). It illuminates how the development of the CIJA was an attempt by state and non-state actors to affect the course of international criminal justice in Syria and Iraq. First, this article argues that the CIJA was the result of four factors: the UK Foreign Office’s desire to support human rights activists in Syria; lessons learned from previous international criminal tribunals; attempts by non-state legal practitioners to invent new ways to overcome the gaps and limitations of the international criminal justice system; and the willingness of Syrian civil society to risk their lives and use the law to hold those responsible for mass atrocities to account. Second, the article argues that as non-state actors with a focus on evidence management, the CIJA may represent an innovative approach to investigating mass atrocities, particularly for activists and civil society actors who wish to play a role in evidence management in new wars. Lastly, it shows how the CIJA may work in parallel with international mechanisms, such as the International Criminal Court (ICC) and other inter-state actors, to collect evidence of war crimes, crimes against humanity, and genocide in new wars, particularly when the ICC is unable to do so. This study combines qualitative research with empirical analysis and draws on a range of primary and secondary sources, including a number of interviews conducted with CIJA personnel, former ICC practitioners, and other practitioners in international criminal law.     

The politics of repressing environmentalists as agents of foreign influence

Theoretically, this article reveals the long-term risk for local non-governmental organisations (NGOs) of participating in transnational advocacy networks (TANs), accepting money from foreign sources and throwing ‘boomerangs’ internationally—a strategy used by local NGOs to seek international allies to pressure repressive and unresponsive states at home. Focusing primarily on the suppression of environmental NGOs that oppose natural-resource extraction, this article examines three cases—Russia, India and Australia—to illuminate the consequences of this trend for local civil society and TANs. It also documents a global trend towards states depicting local NGOs with international linkages as subversive agents of foreign interests, justifying legal crackdowns and the severing of foreign funding and ties. State framing of NGOs as agents of foreign interests is repressing local environmental activism, depoliticising civil society and weakening international NGO alliances—a conclusion with far-reaching consequences for the future of TANs, local NGOs and environmental activism.     

Principled pragmatism in climate policy? The EU and changing practices of climate justice

Climate change constitutes one of the most pressing political problems of our time and has profound implications for global justice. However, despite the recent progress of the international negotiations embodied in the Paris Agreement, most scientists and activists agree that the adopted measures are not adequate or ‘just’ considering the magnitude of the problem. Thus, there is a pressing need for political forerunners that could push the regime towards a more just handling of the problem. The European Union for most of the time has presented itself as a strong advocate for progressive climate action and has been called a climate vanguard or ‘green normative power’. This paper critically assesses the EU's role concerning climate change from a perspective of global political justice, which builds on a tripartite theoretical conception, consisting of ‘non-domination’, ‘impartiality’ and ‘mutual recognition’. It inquires to which conceptions of justice the EU's climate strategy and approach to the international negotiations have corresponded, how and why changes have come about, and whether the EU was able to influence the international regime. The paper finds that while the EU started out from a focus on political measures linked to impartiality, after the failed negotiations in Copenhagen in 2009 it has become more open towards policies and instruments in line with mutual recognition and non-domination. Thus, the emphasis moved away from top-down, legally binding measures, towards voluntary bottom-up procedures, a recognition of difference and diplomatic outreach activities. While this shift was necessary to reinstate the EU's influence and secure the Paris Agreement, it could hamper the quest for robust climate abatement measures and global climate justice.     

1619-1928年间巴达维亚华人社会的民事审判程序初探

根据《公案簿》案例,分别对审前、审理和判决这三个阶段的审判程序进行了梳理。在1619-1928年间,巴达维亚华人社会的民事审判是一个典型的移民社会法律移植的历史现象。具有相当自治权力的公堂,负责华人社会的民事审判。公堂较为完整地将母国的法律移植到所在地,并保持了母国的民事法律传统。     

Social and Cosmopolitan Liberalism

A central divide in philosophical thought about international distributive justice separates 'social' from 'cosmopolitan' liberalism. These views differ about the nature of the problem of international justice: social liberals are primarily concerned about fairness to states or societies, whereas cosmopolitan liberals are concerned about fairness to individuals. This article explores three reasons why philosophers interested in international distributive justice often regard social liberalism as the more plausible view. These reasons have to do with alleged differences between domestic and international society: empirical beliefs about the sources of backwardness; and moral preconceptions about the fairest allocation of the costs of irresponsible economic and population policies. The article argues that none of these reasons is persuasive, and that the deep ethical distinction between the domestic and the international realms, on which social liberalism depends, is more difficult to defend that many philosophers have thought.     

International Regimes and Democratic Governance: Political Equality and Influence in Global Institutions

Proponents of cosmopolitan democracy rely primarily on institutional design to make their case for the feasibility of democratic governance at this level. Another strategy seems more plausible: proposing a 'non-ideal' theory in Rawls's sense that examines the social forces and conditions currently promoting democracy at the international level. The strongest forces operating now are various transnational associations that help to produce and monitor regime formation and compliance. Such a highly decentralized form of governance suggests that democratization is thereby promoted by a dense network of associations in international civil society, a global public sphere, and responsive political organizations. However much these forces disperse power through the normative principle of equal access to political influence, they could also fall well short of realizing desirable ideals such as free and open deliberation. In order not to devolve into an interest group pluralism, the decentralized strategy requires that a richer democracy be realized through the legal institutionalization of free and equal access to the global public sphere.     

A synopsis of the symposium on “civil organizations and the state in modern China”

The other side of the formation of the modern state is the thorough transformation of social structure, the way people are organized, and the mechanisms of social mobilization and participation. One distinctive feature of these changes is the growth and expansion of civil organizations (minjian zuzhi). As a linkage point between the state and the individual, civil organizations have exerted an important and unique influence on the orientation as well as the nature of society. The history of the separation and reorientation of state and society in China was both specific to China as well as relevant to global experience. In recent years, research on modern Chinese civil organizations has become rigorous and fruitful, covering a wide range of topics from the history of chambers of commerce to guilds, peasant associations, freelancer groups, charity groups, cultural and educational clubs, and religious organizations. Thanks to a relatively large pool of participating scholars, the discussions have also multiplied and deepened, contributing to the study of modern Chinese history a new yet indispensable subfield. All of these studies not only delineate the organizations’ background, development, structure, and function, but also pay attention to their relations with the state. Indeed, state–society relations constitute the most widely applied analytical framework. This is related to the middleman position of civil organizations, as well as to the state’s ability to dominate them under the Chinese social tradition of strong state and weak society.     

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.     

Policekeeping is the Key: Rebuilding the Internal Security Architecture of Postwar Iraq

The main problem following a US-led international intervention in Iraq will be re-establishing widespread and sustainable governance. It is probable that with the removal of repressive political authority, state control will falter and crime rates boom. This can be countered through an international civil administration with law and order as a guiding mandating principle. Order could be ensured by 'policekeeping', via a large 'blue force' of primarily Muslim gendarmerie from surrounding nations. Reliance on military peacekeeping is precarious because of the political sensitivities in the case of Iraq. The blue force would form the foundation of the new internal security architecture in Iraq, and would act to prevent fragmentation and civil war. The role of policekeeping is to preempt and combat ethnic, religious, and political violence, economic crime and the establishment of shadow networks, as well as policing regular crime including those of property and public order. A further vital task would be the development of domestic judicial and policing capacity, which provide an exit strategy for the international mission and the beginnings of a representative and regionally devolved governance structure. These tasks could be financed through a modification of the current oil for food programme, finally transferring this wealth back into Iraqi society. The goal would be to construct a self-sustaining democratic and economically functional state governed by the rule of law, one that can serve as a political beacon for the region.     

近代城市贫民阶层及其救济探析——以天津为例

With the development of industry and commerce after Tianjin’s opening as a treaty port, the urban poor were in an unfavorable situation in controlling the social resources. Facing a large number of urban poor, the state represented by government officials of various levels and the civil society represented by local gentry-merchants have clearly recognized the widened gap and increased opposition in all social strata and communities while the disintegration was close to cross the bottom line. It will affect the social harmony and cause unrests. Therefore, under their advocacy and support, all kinds of relief and charity institutes come into being and play a positive role in balancing the social wealth, helping the lower class, improving the social justice and maintaining the stability of social order. Translated by Luo Hui from Shilin 史林 (Historical Review), 2006, (2): 77–84     

Bonhoeffer,Christ and Culture

Abstract

The aim of this article is to reflect theologically on recent research into the changing nature of civil society with a view to exploring the implications of these changes for the way churches and other faith communities might contribute to civil society in the future. The article looks at the mismatch between government rhetoric concerning the role of churches and faith communities in building up civil society, and the actual experience of faith communities becoming engaged in formal civil society activities such as regeneration and social cohesion which has often felt disempowering and awkward. The article then looks at the growth of non-institutional society (i.e. broad-based organizations and direct action campaigns) which tends to lie outside government control and raises the theological and strategic question as to whether more liquid and flexible forms of political participation have something to offer churches seeking to become more appropriately engaged in postmodern flows of society and the increasing marginalization within them.     

The politics of civil society in confronting HIV/AIDS

Civil society organizations have been at the forefront of the response to the HIV/AIDS epidemic. However, the contributions and the models of action they offer have remained marginalized by most governments and international organizations. This article looks at the initiatives of civil society actors. It discusses some of the political reasons and rationale behind the less than enthusiastic support for these initiatives from governments and large aid agencies. Two reasons are suggested: many politicians fear providing support and credibility to civil society organizations that might then build upon their success to question and challenge development failures; and the threat perceived by national and international bureaucrats to their own assumed expertise and solutions to the pandemic. In some cases, civil society organizations have been co-opted to fill gaps that governments themselves can not or will not address. However, even here, governments assume the credit for 'successes' in controlling HIV/AIDS.     

International political theory and the question of justice

The aim of the international justice theorist is to find coherence among ideas about justice at the international or global level. Linking justice to coercion and law can bridge the gap between just war theory and theories of international distributive justice. The idea of humanitarian intervention illustrates how the argument might go. Underlying that idea is the idea of a duty to protect. That duty is often thought to be an imperfect and therefore unenforceable duty based on a principle of beneficence. But we can also think of it as a perfect, enforceable duty to resist the violent, where that duty rests directly on the principle of respect, unmediated by beneficence. Respect also implies action to prevent non-violent harms. To do nothing while people are dying of starvation or disease is to fail to respect them as human beings by making their wellbeing a matter of indifference. We can therefore justly be compelled to prevent such harms by being taxed to support efforts to prevent them. A theory of justice that made the duty to protect central would ground the theory of international distributive justice in the justice—coercion link that underlies just war theory.     

Securing the World and Challenging Civil Society: Before and After the ‘War on Terror’

Following President Bush's declaration of a ‘War on Terror’ in 2001, governments around the world introduced a range of counter‐terrorist legislation, policies and practices. These measures have affected not only human rights and civil liberties but also civil society and aid frameworks. Although the Obama administration has renounced the language of the ‘War on Terror’ and taken steps to revoke aspects such as water‐boarding and the detention facility at Guantanamo Bay, the bulk of the legislation and practices associated with the post‐9/11 global security framework remain. The cluster of papers which follow provide detailed studies of the effects of the War on Terror regime on civil society in four contexts: the USA, Spain, Kenya and Uzbekistan. In this way it lays a basis for civil society actors and aid agencies to reflect more strategically on how they should engage with security debates and initiatives in a way that best protects the spaces of civil society and the interests of minority and vulnerable groups. This introduction sets out the three key themes pursued throughout the cluster articles, namely, the selective impact of counter‐terrorist measures on civil society; the particularity of civil society responsiveness to these measures; and the role of aid and diplomacy in pursuing security objectives and its consequences for civil society.     

Creating Civil Society? The Emergence of NGOs in Vietnam

Based on recent research in Hanoi, this article examines the emergence of NGOs in Vietnam, and relates their development to the civil society discourse which is used by elements of the international donor community to predict the growth of pluralism and democracy. After examining the social and political environment of post-reform Vietnam, it does not appear evident that these organizations fit into any definition of civil society which stresses independence from the state and opposition to state ideology.     

An Exceptional Response? Security,Development and Civil Society in Spanish Policy after 11‐M

This article considers the ways in which Spanish state institutions responded to the Madrid bombings of 11 March 2004 in the context of the global ‘War on Terror’. It examines three inter‐related arenas of Spanish policy after 9/11 in which security and civil society are invoked in ways that impact upon the country's development agenda toward its southern Mediterranean partners. The first relates to Spain's external relations with its North African neighbours, and in particular the place of migration in shaping these relations over the last decade. The second concerns Spain's political relations with the representative organizations of its own Muslim populations. A third area of analysis pertains to the juridical‐institutional reactions of the state to the 11 March attacks: how have public authorities and civil society been affected and refashioned in the face of jihadist terrorism on the peninsula? The author argues that in each of these domains, the post‐9/11 context generally, and the 11 March attacks in particular, have elicited a securitization of civil society, which has in turn been associated with the country's international relations and domestic politics. Such securitization, however, has only been partially successful, thus vindicating the continuation of ‘politics as usual’ among Spain's state officials and its civil society.     

中国城市与区域管治研究十年回顾与前瞻

在理解转型中国的城市与区域发展时,管治的理念提供了一个较为完备的理论框架。管治的研究与其他关于政府的研究不同,它强调政府与市民社会以及市场的互动关系,探讨政府角色的定位和市民社会的责任,构建和谐社会。本文综述十余年来内地以及港澳人文地理学者的主要研究成果,适当结合国内其他社会学科的有关研究,回顾管治研究的发展,追踪其前沿,以期对我国管治研究做一个较为全面的梳理。首先回顾自上个世纪九十年代末管治研究被引入我国人文地理学界以来,其兴起和进展两个阶段的主要研究成果与贡献以及存在问题。文章接着围绕尺度的概念,对当下各相关学科在管治领域的研究做了横向比较,指出人文地理学在管治研究中从尺度切入的优势。进一步地,文章介绍了管治研究的一个新探索——协作管治。文章指出,无论是城市还是区域尺度,地理学界对于"管治"的研究可以继续有所贡献。