Civil Society and the Legitimation of Global Governance

Abstract

This article assesses in what ways and to what degrees civil society activities have advanced the legitimacy of global governance institutions. It is argued that these citizen initiatives have often enhanced the democratic, legal, moral and technical standing of regulatory agencies with planetary constituencies and jurisdictions. However, these benefits do not flow automatically from civil society mobilizations and on the whole are much less extensive than they could be. With a view to greater realization of the potential contributions to legitimacy, the article elaborates recommendations for more, more inclusive, more competent, more coordinated, and more accountable engagement of global governance by civil society organizations.     

Civil Society Influence on International Organizations: Theorizing the State Channel

Abstract

The literature on transnational civil society tends to treat civil society organizations (CSOs) as independent actors, accomplishing policy change largely through moral force or popular pressure. However, a significant portion of CSO successes in policy advocacy actually utilizes alliances with state actors. To understand the implications of this ‘state channel’ of CSO influence, we develop a new model of CSO use of state influence. We identify four factors that determine whether the state channel is accessible for CSOs to use and is likely to produce more effective CSO influence than direct CSO engagement with the international organization (IO): the porousness of the targeted states and IOs, the availability of contacts, the possibility for alignment of interests, and the relative power of aligned state and IO contacts. We illustrate this theory using four case studies of civil society engagement: two case studies involving the World Bank and two involving the Association of Southeast Asian Nations. Our analysis suggests that the factors determining CSOs' successful use of the state channel currently tend to favour a small number of well-resourced, reformist CSOs from porous and powerful states.     

浅议民间组织对政府管理的影响

随着我国经济体制转轨、社会转型、民主化进程的加快,作为市民社会核心力量的民间组织也呈现出较快较大的发展趋势,对政府管理产生相应的影响,促使其向着良性的、有利于政治民主化的方向发展。     

Exploring Transnational Civil Society: A Comparative Study of Colombian,Dominican and Mexican Immigrant Organizations in the USA

ABSTRACT

European integration has added an extra dimension to the perceived crisis of contemporary democracy. Many observers argue that the allocation of decision-making powers beyond the nation state bears the risk of hollowing out the institutional mechanisms of democratic accountability. In EU governance, the Commission has emerged as a particularly active and imaginative actor promoting EU–society relations, and it has done so with the explicit desire to improve the democratic legitimacy of the EU. However, assumptions concerning the societal prerequisites of a working democracy differ with the normative theory of democracy employed. Therefore, expectations concerning the beneficial effect of institutional reforms such as the European Commission's new governance strategy, which was launched at the beginning of the century, vary according to normative standards set by different theories of democracy on the one hand and to the confidence in the malleability of society on the other. Our contribution seeks to pave a way for the systematic assessment of the democratic potential of the European Commission's consultation regime. To this purpose, two alternative theoretical conceptions that link participation to democracy will be presented. A list of criteria for both conceptions that enable us to empirically assess the democratic potential of the EU Commission's participatory strategy will then be presented.     

A New Measure of Red Tape: Introducing the Three-Item Red Tape (TIRT) Scale

ABSTRACT

Much empirical red tape research utilizes the General Red Tape (GRT) scale, which asks respondents to rate the level of red tape on a scale of 0 to 10 (Rainey, Pandey, and Bozeman 1995 Rainey, H. G., S. K. Pandey, and B. Bozeman. 1995. “Research Note: Public and Private Managers’ Perceptions of Red Tape.” Public Administration Review 55(6): 567–574.[Crossref], [Web of Science ®] , [Google Scholar]). Because “popular usage of the term ‘red tape’ requires no precision” (Bozeman and Feeney 2011 Bozeman, B. and M. K. Feeney. 2011. Rules and Red Tape: A Prism for Public Administration Research and Theory. Armonk, NY: M.E. Sharpe. [Google Scholar], 3) and the GRT scale “assumes that respondents understand the terms to which they are responding” (101), evaluating red tape in this way may be theoretically disadvantageous. This article proposes a new measure—the Three-Item Red Tape (TIRT) scale—consisting of three items drawn from previous rules research on rule characteristics to which respondents characterize organizational rules by how burdensome, unnecessary, and ineffective they are. This measure has several advantages over existing measures: it includes several indicators; it does not include the term “red tape”; and it is drawn directly from Bozeman's (1993 Bozeman, B. 1993. “A Theory of Government ‘Red Tape.'” Journal of Public Administration Research and Theory 3(3): 273–303. [Google Scholar]; 2000 Bozeman, B. 2000. Bureaucracy and Red Tape. Upper Saddle River, NJ: Prentice Hall. [Google Scholar]) operational definition of red tape. Using structural equation modeling to model survey data from two local government organizations (n = 1,666), this article evaluates the theoretical and empirical validity of this TIRT scale, compares it with the GRT scale, tests its relationship with formalization, which is known as a distinct concept, and addresses implications of this scale on red tape theory.     

The Translation of Transnational Voluntary Standards into Practices: Civil Society and the Forest Stewardship Council in Russia

The article analyses closely the role of civil society in the local translation and adaptation of transnational standards of responsible use of natural resources in global certification regimes. The study builds on original evidence from Russia on civil society and forest certification, based on extensive fieldwork. It argues that the local translation of global sustainability standards into on-the-ground practices is not a straightforward execution of rules imposed by powerful transnational actors—e.g. international nongovernmental organizations, multinationals, governments, or consumers. Rather, local civil society actors elaborate the ways in which transnational standards are implemented locally and thereby construct new knowledge related to standard implementation and responsible natural resource management. The paper contributes to the literature on transnational governance by examining the involvement of civil society organizations in the translation, adaptation, and learning dynamics in global certification regimes.     

Global Civil Society and International Summits: New Labels for Different Types of Activism at the COP15

Research in the field of citizenship, civil society, and social movements in relation to larger democratic summits has either focused on radical confrontational elements of activism, broad public demonstrations, or the professional non-governmental organizations. In this article, I label the types of activist groups involved in and around the COP15 climate summit in Copenhagen (2009). My proposition is that such a categorization may help to refine the general debate through more nuanced distinctions and accurate definitions and provide a better understanding of why the creative elements seem to take a central role in today's activist landscape. I develop these typological conceptual representations based on an understanding of civil society as a mediating catalyst. By presenting six versions of citizenship participation based on an analysis of diverse ends and means, I identify how each of them has their own specific logic about the democratic challenges surrounding the summit. This analysis leads me to address the question of whether an attempt to bridge the gap between the official system and the active citizen through a distinction between antagonistic and negotiation-friendly forms of activism is fruitful. In conclusion, the creative activist is revealed as a mediating figure in civil society pointing towards a new definition of ‘facilitating citizenship’.     

Reconsidering the Effects of Bonding Social Capital: A Closer Look at Black Civil Society Institutions in America

Few studies consider how Putnam’s bridging and bonding social capital arguments apply to voluntary associations within American minority group communities. Consequently, I examine African-American civic groups to explore Putnam’s claims about the potential negative political effects of bonding social capital. In contrast to the bonding social capital thesis, I argue that black communal associations encourage African-Americans to be involved in a variety of mainstream civic and political activities that reach beyond their own group interests. Using the 1993–1994 National Black Politics Study I demonstrate that although black organizations are predominantly composed of African-Americans and work to advance their interests, these goals are not pursued at the expense of connecting blacks to others in the general polity.

政府、市场与公民社会的良性互动

20世纪80年代以来,西方国家在对市场失灵与政府失效进行纠错的基础上,提出了治理与善治的行政改革理念和模式。善治的实质在于实现政府、市场与公民社会之间的良性互动,以此来弥补政府和市场在调控和协调过程中的某些不足。治理和善治在一定程度上反映了公共行政发展的规律和趋势,借鉴和吸收其合理因素,对于推进我国的行政改革,促进我国社会资本的形成和转化,实现我国的善治具有借鉴意义。     

A Cartography of a Global Civil Society Advocacy Alliance: The Case of the Global Call to Action against Poverty

The last few decades have witnessed the emergence of global civil society advocacy networks as major players in global governance. The Global Call to Action against Poverty (GCAP) is one of the recent phenomena in this arena and epitomizes high-level involvement of a multiplicity of actors in GCAP, with various multilateral governance institutions, as well as states. This article analyses the origins of GCAP, motivations for its formation, evolution, and operations, with specific references to its structures and architecture. It argues that alliances are very different from ‘normal’ forms of organizations because they are made up of diverse forms of organizations, coming together voluntarily to achieve a specific purpose and therefore are by their very nature complex, unstable, and difficult to co-ordinate. The result of such, within GCAP, is an organization that is somewhat amorphous and exhibits both aspects of anti-systemic protest (in Polanyian terms) as well as a pacifying force (part of the hegemonic historic block in Gramcsian terms). I argue that the loose nature of global civil society alliances is a positive contributor to mass mobilization but causes frustrations in decision-making and actions. This, in effect, calls for a more bureaucratized and institutionalized architecture, albeit with a potential to alienate some constituencies. A key lesson from GCAP's evolution, structures, and strategies, I posit, is that it is not possible to push through individual positions without compromising so as to accommodate others.     

构建社会主义和谐社会的法机制研究(下)

(5)法保障实行广泛的社会自治,扩大社会权力,形成“小政府、大社会”的关系格局。法之所以必须而且能够成为国家回归社会的强大手段甚至是基本手段,根本原因就在于立法权是“市民社会向国家派出的代表团[1”]319,所以它所制定的法是社会意志或广大群众公意的体现。既然如此,法就成为支配国家、特别是政府的惟一力量。社会主义和谐社会也必然是安定和有序的社会。安定有序是国家与法产生的最根本的历史动因。这是法学家们很早就认识并进行过系统论述的。英国的洛克认为,法律之所以必需,是为了改变“原始状态”中的那种人人拥有处理自己案件的…     

《民法典（草案）》的土地经营权规定应实质性修改

“三权分置”是中央农村土地制度改革的重大决策部署。《民法典(草案)》近日公开征求意见,将于2020年3月提交全国人大审议通过。其在“物权编”简单移植了《农村土地承包法》土地经营权的个别条文,解决了土地经营权定性不明的问题,但使《农村土地承包法》的逻辑紊乱、利益失衡、无法放活经营权等问题进一步固化、显化,亟待作出实质性修改。其进一步修改应以实现“放活经营权”改革目标为基本遵循,坚守“物债二分”基本理论,充分尊重中国实际,切实维护农民利益。     

Tinpots,Totalitarians (and Democrats): An Empirical Investigation of the Effects of Economic Growth on Civil Liberties and Political Rights

Ronald Wintrobe (1990, 1998) has recently provided atheoretical foundation for estimating equations that attemptto explain the dependence of civil liberties and politicalrights in non-democratic regimes on the history of economicgrowth. This theory suggests that data from different kinds ofnon-democratic countries should not be pooled without allowingcoefficients to vary with regime type. It also placesinteresting restrictions on the signs of the coefficients ofeconomic growth in equations explaining freedom in the typesof regimes Wintrobe identifies. In this paper, we employ theserestrictions to test Wintrobe's theory. Some additionalhypotheses about the difference between democratic andnon-democratic regimes and about the role of education, notconsidered by Wintrobe, are also investigated.The results indicate clearly that the relationship between thedegree of freedom – as measured by the sum of the Gastilindexes of civil liberties and political rights – andeconomic growth varies significantly across all types ofregimes. Totalitarians (that attempt to maximize power) areclearly different than tinpots (that just attempt to maintainpower) in this respect, and non-democratic regimes differ fromdemocracies. Other aspects of the theory are partiallyconfirmed. In particular, in totalitarian regimes, positivegrowth reduces freedom, and negative growth increases it insome specifications. The theory predicts the opposite patternfor tinpots, and we do find that negative growth reducesfreedom in tinpot regimes. However, positive growth in tinpotsalso appears to reduce freedom in some cases, which is not inaccord with the theory. Secondary schooling has a positive effect on freedom, as inprevious empirical work, a result that is shown here to holdeven when each type of regime is considered separately. Butthe effect of primary schooling is different: in tinpot andtotalitarian regimes, but not in democracies, primaryschooling is associated with reduced freedom.     

Learning from the Americanists (Again): Theory and Method in the Study of Delegation

European(ist) scholars have largely followed their American(ist) colleagues in the formulation of theories about delegation of powers to non-majoritarian institutions, most notably through the application of principal-agent models of relations between legislative principals and their executive and judicial agents. This article suggests that Europeanists can once again learn from recent developments in both theory and method in the study of delegation in American politics. The first section discusses the methodological challenges of testing hypotheses about the conditions under which agents might enjoy some degree of autonomy from their legislative principals, and draws lessons from the recent Americanist literature. The section examines the development in American politics of a second wave of principal-agent analysis which aims to formulate and test hypotheses about the conditions under which legislative principals might delegate authority and discretion to bureaucratic agents. The third and final section of the article examines some preliminary applications of the principal-agent approach to the European Union and to the comparative study of European parliamentary democracies, and proposes a research agenda for the comparative study of national-level delegation in the parliamentary systems of Western Europe.     

No Future Without (Personal) Forgiveness: Reexamining the Role of Forgiveness in Transitional Justice

This article discusses the political possibilities of personal forgiveness in transitional justice. Personal forgiveness is extended by a single human victim who has been harmed by a wrongdoer. The victim forgives only that harm which has been done to him or to her. Personal forgiveness is distinguishable from three other forms of forgiveness: group forgiveness, legal forgiveness (a form of group forgiveness), and political forgiveness. In the context of transitional justice, I argue that: (1) personal forgiveness is a necessary condition for political forgiveness; (2) group forgiveness (including legal forgiveness), while not without a normative function, cannot effectuate either personal or political forgiveness, and (3) personal forgiveness requires a shared narrative framework to lead to political forgiveness. These assertions lead to two further observations. First, because the state has a normative role in its (limited) capacity to forgive on its own behalf and a practical role in its ability to spread and to transmit a shared narrative framework, the state is an important actor in political forgiveness. Second, because the primary historical example of political forgiveness in transitional justice is the South African Truth and Reconciliation Commission that unfolded within an explicitly Christian theological framework, it may be that the shared narrative framework need be religious or even Christian in nature.

(Un)Worthy: Latina battered immigrants under VAWA and the construction of neoliberal subjects

In the United States recognition as a battered immigrant can lead to legalization and citizenship for abused women when provisions in the Violence Against Women Act (VAWA) are applied. To successfully utilize VAWA towards these ends, however, a battered immigrant woman also receives a lesson in cultural restructuring required of citizenship; VAWA establishes the regulations and standards necessary to remake abused immigrants into neoliberal subjects. This essay examines the experiences of undocumented Latina immigrants within the VAWA legal paradigm and explores the ways in which the process artfully crafts the good neoliberal citizen.