Global democracy in a society of peoples

This paper explores the political structures suitable for the realization of John Rawls’ The Law of Peoples (1999). In particular, it explores whether Rawls’ principles and fundamental foundations recommend establishing global institutions and, if so, whether, and in what sense, these institutions should be democratic. It is often suggested, either implicitly or explicitly, that The Law of Peoples would operate through the bilateral and multilateral interactions of, ideally conceived, nation-states. This paper argues, on the contrary, that it would advise a series of democratic global institutions. The case is developed with respect to the idea of a global institution with the remit of regulating international trade and applied, in the contemporary context, to the World Trade Organization (WTO).     

迁徙自由权辨析

迁徙是动物趋利避害的一种本能,迁徙自由是人类维持生存与发展的一项基本人权。迁徙与"流动"、"迁移"等概念既有联系,也有区别,不应混同使用。迁徙自由可从两个层面去理解:一方面,迁徙自由是一种主观意志自由,其主体不受其他外力左右或主导;另一方面,迁徙自由本质上要求权利的同等对待。迁徙自由的特性,既说明了迁徙自由不同于人身自由,需要得到宪法的独立确认,又充分彰显了迁徙自由的价值与宗旨。     

On Sen on comparative justice

Against scepticism from thinkers including John Rawls and Thomas Nagel about the appropriateness of justice as the concept through which global ethical concerns should be approached, Amartya Sen argues that the problem lies not with the idea of justice, but with a particular approach to thinking of justice, namely a transcendental approach. In its stead Sen is determined to offer an alternative systematic theory of justice, namely a comparative approach, as a more promising foundation for a theory of ‘global justice.’ But in the end Sen offers no such thing. He does not develop a theory of justice and this is all to the good; for if values are plural in the way Sen suggests, then justice is not a master idea but one value among many, and it should be neither the first virtue of social institutions, nor the notion that frames all our reflections on ethical and political life.     

Palpable insecurity and Sen’s comparative view of justice: anthropological considerations

Amartya Sen’s comparative approach to justice makes clear that notions of justice are shaped by human agency and experience, and both his focus on the ‘internal view’ of well-being that emphasizes suffering as a central feature of illness and his recognition that social and cultural factors shape perceived injustice are critical to this approach. However, Sen questionably depicts the contributions of anthropological research to this project as limited to ‘the sensory dimension of ill-health.’ Focusing on mental health in the context of global justice, I argue that Sen’s treatise on justice can be refined through an ethnographic method that synchronizes attention to (1) cultural knowledge and social relations in ecological settings; (2) fundamental human needs; and (3) levels of analytic specificity involving situations, categories, and events. This method integrates analysis of internal phenomenology and external constraints of political economy and ideology. To demonstrate I discuss three cases involving students and violence in Rio de Janeiro, women and witchcraft in Ghana, and historical migration and war trauma among Vietnamese immigrants in which external conditions of insecurity and inequality contributed to deteriorating mental health conditions including depression, trauma, and debilitating anxiety.     

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.     

Who governs? Delegations and delegates in global trade lawmaking

Who governs in the international organizations (IOs) that promulgate global norms on trade and commercial law? Using a new analytic approach, this paper focuses on previously invisible attributes of a global legislature – the state and non‐state delegations and delegates that create universal norms for international trade and commercial law through the most prominent trade law legislature, the UN Commission on International Trade Law (UNCITRAL). Based on ten years of fieldwork, extensive interviews, and unique data on delegation and delegate attendance and participation in UNCITRAL's Working Group on Insolvency, we find that the inner core of global trade lawmakers at UNCITRAL represent a tiny and unrepresentative subset of state and non‐state actors. This disjunction between UNCITRAL's public face, which accords with a global norm of democratic governance, and its private face, where dominant states and private interests prevail, raises fundamental questions about legitimacy and efficacy of representation in global lawmaking.     

Lessons from Ugandan indigenous knowledge systems regarding the management of HIV and AIDS

Abstract

Health is one of the major challenges facing Africa today. Solutions need to come from within and outside Africa, drawing from Africa's indigenous knowledge systems. This article describes the life cycles of malaria, tuberculosis and human immunodeficiency virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) and presents some strategies for the control and prevention of these diseases that are lessons and experiences from African countries.     

An analysis of responses to climate change by local government in South Africa: The case of Capricorn District Municipality

Abstract

Climate change poses challenges to the socio-economic life globally, though in varying degrees. Southern Africa is one of the regions that has shown signs of changes in climate. According to the Intergovernmental Panel on Climate Change (IPCC) (2007), temperatures in the region have risen by 0.5 degrees Celsius over the past hundred years. In addition, climate change has resulted in fifteen incidents of drought in Southern Africa between 1988 and 1992. This has consequently had a negative impact on the socio economic life of the inhabitants of the region. While climate change is an issue that requires attention from all spheres of government, it is posited in this article that the local sphere of government needs to be the focal point for redress as it is the sphere closest to the people. Mutanga, Pophiwa and Simelane (2013: 165) note that insufficient human and financial resources, inability to adapt technologically and politically driven climate change related programmes are some of the challenges faced by municipalities in tackling climate change. Capricorn District in Limpopo Province, South Africa has agriculture as one of its critical economic activities; thus climate change is a serious concern in the area. The article seeks to investigate how local government is responding to the climate change phenomenon. The Capricorn District Municipality is used as a case study. It must be noted that, although this municipality is not a typical representation of how the other local authorities in the country are responding to climate change, it however sheds significant light on how this phenomenon is viewed at this sphere of government. The guiding questions are: to what extent is climate change viewed as a challenge by local authorities? Secondly, what measures are local authorities taking to address both the causes and effects of climate change? It is postulated that local government in South Africa is not effectively proactive and innovative in dealing with climate change. There is a need for policies and mechanisms in municipalities that address challenges that are posed by climate change. This is only possible if both elected and appointed officials treat the issue as a priority. Interviews were conducted with key informants and official documents were consulted in order to gather data that would either support or refute the suggested hypothesis.     

Creating and contesting meanings of place and community in the Ylay Talaa Valley of Kyrgyzstan

Formal schooling was virtually non-existent before the Soviet power in nomadic Kyrgyzstan, as communal life and learning was organized informally at the household and clan level. During the Soviet period, however, educational success became an avenue to a new form of upward social and geographical mobility, and the school provided new and prestigious positions for local teachers and administrators. This paper explores how the externally imposed Soviet collectivization policies reshaped the understandings and meanings of place and community during the twentieth century, a reshaping that centrally involved redefining education and the importance of ‘the school’. In the post-Soviet period, the utility of secondary and higher education in local and national labour markets has diminished, as has the power and prestige of educators. Yet the appeal of education lingers on. The authors seek to document these claims using oral histories, ethnographic interviews and participant observations in the Ylay Talaa Valley of the Kyrgyz Republic.     

Is the Filipino Diaspora a Diaspora?

ABSTRACT:

Despite the widespread popularity of the discourse on diasporas since the 1980s, the recognition of a Filipino diaspora in the wider Anglophone scholarly world did not occur until the mid 2000s. A major factor for this recognition was the considerable number of scholarly works on Filipino Americans produced largely by Filipino American scholars who used diaspora as theoretical frame starting in the late 1990s. Grappling with the realities of the global migrations of Filipinos, the Philippine state and Filipinos in the Philippines and in other parts of the world also began to deploy the diaspora discourse. This article analyzes the ways in which the discursive fields in the US and in the Philippines have converged or diverged. Although diaspora can be a problematic concept, the author examines methodological issues that focus not so much on identities but on the imagined and constructed collectivity within which the putative diasporan identity of Filipinos is embedded. Without reducing diaspora to a reifying checklist, the author explores the Filipino diaspora discourse along these five dimensions: (a) population dispersal from an original homeland, real or imagined; (b) a process of diasporization; (c) ongoing relationship with the homeland, nurtured by collective memory or mythology; (d) idealization of return to the homeland; and (e) self-awareness or collective consciousness that is intergenerational and interrelated to coethnics and compatriots within the diaspora.