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This chapter examines how international relations (IR) scholarship has approached two central questions concerning international law and legalisation: why do states create international law, and what makes a particular norm ‘legal’ in nature? It then outlines the concept of legalisation as described in Abbott et al.’s well-known article of the same name. Under the classic legalisation framework, legalisation has three components: obligation, precision and delegation. The chapter argues that the classic OPD framework cannot fully capture the expanding role of non-state actors or conceptualise law as a process. It therefore proposes an adapted model for the transnational legal system that incorporates a crucial omitted dimension – implementation. Implementation refers to the concrete actions taken by agents to translate legal or law-like principles into practical, workable instructions for courts, governments, companies, and other non-state actors.
The book examines the various arenas in which actors are making – and breaking – the rules in business and human rights. It advances a framework for analysing these developments by adapting the liberal institutionalist concept of legalisation articulated in Kenneth Abbott et al.’s article ‘The Concept of Legalization’. Applied in the transnational context, the classic framework appears incomplete: it omits a crucial dimension – implementation – which operates alongside obligation, precision and delegation. The empirical chapters in this book reveal that efforts toward implementation are often pursued with the aim of strengthening one or more of the other dimensions over time. In such cases, actors play the long game: they may accept lower levels of obligation, precision or delegation in the short term, anticipating that early attention to implementation will enhance these dimensions in the longer run. Beyond business and human rights, this revised framework may also illuminate regulatory dynamics in transnational fields such as climate governance, national security, and anti-trafficking.
Growing attention is given in IR theory and diplomatic circles to the ambivalent role of religion in world politics. However, there is a need for more analytical clarity, identifying at least four different domains: religions and inter-state relations; religions and internationalism; religions and trans-nationalism; and religions and globalism. The most promising approach is the one that concentrates on the transnational projection of religions, connecting it to the way religions address global issues to influence international actors.
A rather unique feature of global climate negotiations is that most governments allow representatives of civil society organisations to be part of their national delegation. It remains unclear, however, why states grant such access in the first place. While there are likely to be benefits from formally including civil society, there are also substantial costs stemming from constraints on sovereignty. In light of this tradeoff, this article argues for a ‘contagion’ effect that explains this phenomenon besides domestic determinants. In particular, states, which are more central to the broader network of global governance, are more likely to be informed of and influenced by other states' actions and policies toward civil society. In turn, more central governments are likely to include civil society actors if other governments do so as well. This argument is tested with data on the participation of civil society organisations in national delegations to global climate negotiations between 1995 and 2005. To further uncover the underlying mechanisms, the article also provides an analysis of survey data collected at the United Nations Framework Convention on Climate Change (UNFCCC) negotiations in Durban in 2011.
This paper explores, through a case study of the World Bank’s pursuit of universal basic education, the gulf between the Bank’s dialogue with international civil society elites and its treatment of grassroots civil society in its development practice. It argues that the World Bank is pursuing a conscious program to build a global elite governance system similar to Bank vice-president J. F. Rischard’s concept of global issues networks, in which experts from business, government, and civil society will set globally binding social and economic policies. There is a risk of co-optation of international NGOs into this autocratic global managerial system.
This paper explores the roles of transnational civil society organizations and networks in transnational social learning. It begins with an investigation into social learning within problem domains and into the ways in which such domain learning builds perspectives and capacities for effective action among domain organizations and institutions. It suggests that domain learning involves problem definition, direction setting, implementation of collective action, and performance monitoring. Transnational civil society actors appear to take five roles in domain learning: (1) identifying issues, (2) facilitating voice of marginalized stakeholders, (3) amplifying the importance of issues, (4) building bridges among diverse stakeholders, and (5) monitoring and assessing solutions. The paper then explores the circumstances in which transnational civil society actors can be expected to make special contributions in important problem domains in the future.
This paper considers three different conceptualizations – three politico-ideological perspectives within civil society – on global-scale economics and geopolitics. The standpoints can be termed “Global justice movements,” “Third World nationalism,” and the “Post-Washington Consensus.” These three perspectives stand in contrast to the fusion of neoliberal economics and neoconservative politics that dominates the contemporary world. The three approaches sometimes converge, but more often than not they are in conflict; as are the civil society institutions that cohere to the three different political ideologies. From the three different analyses flow different strategies, concrete campaigning tactics, and varying choices of allies. The World Social Forum provides hints of a potentially unifying approach within the global justice movements based upon the practical themes of “decommodification” and “deglobalization” (of capital). It is, however, only by facing up to the ideological divergences that the global justice movement can enhance its presence.
In the last century, economic sanctions have been used with increasing frequency as a tool of global governance, as well as in foreign policy. At the same time, they have long been criticized for their lack of success in achieving the stated goals of the sanctioners. However, what has received far less attention is the question of whether, and when, it is legitimate to impose sanctions. It has become increasingly clear that the humanitarian impact of sanctions may be devastating, affecting healthcare and food security, as well as harming vulnerable populations such as migrants. Sanctions may interfere with the work of humanitarian aid organizations, create diplomatic problems, and undermine the autonomy of sovereign states. Further, there can be significant legal questions regarding the use of sanctions, whether they are imposed by states or by institutions of global governance.
Any theoretically informed predictions about the future of international order and global governance must reckon with the power and intentions of the United States. We argue that fundamental changes in the nature of domestic audience constraint within many democracies, and the United States in particular, undermine both the willingness and the capability of the United States to continue its role as the underwriter of international order and global governance. A US government unbound by domestic constraint will have difficulty building broad coalitions to solve national and international problems because it will have reduced incentives to invest in public goods, including national defense, science and technology, and future economic prosperity; reduced barriers to corruption that undermines the quality of and trust in US capabilities; and reduced state capacity, including the capacity to finance wars and other long-term international commitments. We argue that three trends were especially relevant in reshaping domestic audience constraint: information fragmentation, extreme polarization, and a global threat environment that facilitated executive power concentration. Together they reduce the costs and risks for leaders to escape domestic audience constraints, weakening the institutional and accountability mechanisms that give democracies advantages in the international system. Though these trends affect many democracies, the undermining of US domestic constraint is particularly consequential because the United States shaped and buttressed the current system. An unconstrained United States likely means a less cooperative and less predictable global order, irrevocably altering the post-1945 system.
Many global norms are currently facing substantial contestation by various actors. While contestation is a regular practice in norm dynamics, it can potentially result in the destabilisation of norms. At the same time, international city networks (ICNs) are increasingly positioning themselves in global governance. While research in International Relations has not analysed how ICNs respond to norm contestation and whether they stabilise existing norms and normative orders, this article demonstrates that ICNs are relevant actors in norm dynamics by focusing on their activities. To examine how ICNs stabilise norms, we employ a theoretical framework based on existing approaches in norm research, which assumes that norms must be as robust, resilient and legitimate as possible to maintain their functions in facilitating individual orientation and collective order. Empirically, we analyse the stabilising activities of three ICNs – Mayors for Peace, Rainbow Cities Network and Fast-Track Cities Initiative – as contributions to preventing norm decay in security, human rights and health. We show that these ICNs stabilise norms by supporting them in discourse and practice, by connecting norms in clusters, and by including affected stakeholders. In sum, we present ICNs as relevant actors in global governance due to their stabilising activities and networked capacities.
States do not just seek to manage affairs within their borders. They exist within a competitive, uneven and unequal and highly fragmented international system: shaping and shaped by what other states do through processes of inter-state diplomacy and by being bound, to different degrees, by the rules and procedures of regional and international institutions. The chapter builds an account of the geopolitics of transition from scholarship on political ecology and international relations as well as draws on insights from development studies to understand how countries’ developmental space and policy autonomy over pathways to sustainability is enabled and constrained by global ties of aid, finance and investment. The final part of the chapter explores entry points for transformation in the form of a realignment and rebalancing of politics and priorities in the global state. These include the prospects for shifts in the mandates and institutional configurations of major global governance bodies such as the World Trade Organization (WTO), the International Monetary Fund (IMF) and World Bank, for the clearer articulation of transnational harm and liability for environmental negligence beyond state borders as well as rolling back regressive treaty arrangements which have been used to subvert sustainability transitions.
The online environment has proven over the last thirty years to be a crucible for the study of legal authority, legitimacy and reception. The overlapping claims of local and global lawmakers are now magnified beyond the scope of what was possible before this global, virtual telecommunications space was opened to individuals and communities. Law is a mix of the local and the regional. We have come to recognise the transnational nature of law with decentred sources of authority claims such as the European Union. What the online digital environment has opened is a digital ‘right to roam’.
The number of global environmental institutions has increased dramatically over the past decade. Yet environmental governance is widely seen as failing. Focusing on biodiversity politics, we argue that many key governance institutions, particularly those advancing market solutions, are themselves deeply implicated in this persistent failure. Drawing on the sociology of expertise, we show how two recently established institutions – the European Business and Nature Platform and the Network for Greening the Financial System – attempt to address the uncomfortable reality of biodiversity governance failures and the risks of their own future failures by creating a series of diversions to deflect attention and by displacing the focus of biodiversity governance from core issues to their own efforts to develop metrics. These dynamics render these institutions both ‘failure-proof’ and inherently ‘failure-prone’, ultimately reinforcing rather than resolving the problems they aim to address.
The political representation and agency of young people in international politics is still poorly understood, notwithstanding sustained interest in the pluralisation and diversification of transnational civil society and the ‘opening up’ of IOs in international relations (IR) scholarship. In this article, we put forward a theoretical framework for the study of youth representation in IR that is at once responsive to the specificities of youth and, at the same time, contributes to theory-building on political representation of newly recognised constituencies in international institutions overall. Theoretically, we build on constructivist and performative theories of representation, and we use our empirical insights to extend and qualify these theories. Empirically, we provide the first in-depth study of youth representation in global health governance. Based on an interpretive analysis of policy documents and qualitative interviews with youth participants at three major global health events, our study explores prevalent portrayals of youth as a constituency and problematises the legitimising effects of these portrayals. Moreover, we expose how multiple barriers and intersecting inequalities constrain young people’s encounters with exclusive spaces of global health policy-making and we point to the reflective and ambiguous ways in which young people embrace, enact, and question ‘youth’ as a political category.
This article addresses critical gaps in the literature on crisis-driven policy change in international organisations. While existing studies focus on elite decision-making and institutional resilience, the role of frontline crisis managers remains under-explored in International Relations. Using the European migration and refugee crisis as a case study and drawing on insights from organisation studies and the sociology of the professions, the article introduces a novel theoretical framework that foregrounds improvisation by first responders and the ex-post stabilisation of their spontaneous policy solutions at headquarters. In addition to reconstructing and illustrating the mechanisms that link frontline action to changed policies, the article identifies theoretical conditions shaping the likelihood and direction of informal policy change from the ground up. By highlighting bottom-up dynamics in crises, it not only advances theoretical debates on crisis politics, but also proposes a new research agenda for analysing the transformative role of field-level practices in global politics.
Chapter 3 examines the history of the clean energy regime complex, which sets the stage to delve into questions of its effectiveness in later chapters. This chapter traces the role played by states, multilateral and bilateral organizations, transnational initiatives, and norm diffusion in driving regime complex emergence over the three periods of analysis (Period 1: 1980–2001, Period 2: 2002–2008, Period 3: 2009–2023). The chapter demonstrates that diverging state interests alone do not explain the regime complex’s emergence, but that organizational expansion, transnational actor agency, normative change, and institutional interplay all contribute to its formation.
Structural changes like globalisation and technical change have empowered business actors in global governance. Yet to become leaders of global governance rather than mere participants, business actors need to legitimise themselves as working for the public good rather than for the maximisation of profit alone. This paper argues that business power becomes authority through the gradual diffusion of ideals of global governance that legitimate the leadership of business actors. We use the concepts of cultural capital and symbolic capital developed by Pierre Bourdieu to conceptualise the construction of business authority. However, we also expand on existing Bourdieusian accounts, which focus on authority construction within fields, by showing how business actors leverage globalisation and technical change to frame discourses that construct their authority across fields of governance. To demonstrate this, we focus on the case of the World Economic Forum (WEF), which has accumulated enough cultural capital to deploy two particularly influential discourses – multistakeholderism and the 4th Industrial Revolution. We show that, by making sense of complex situations, these discourses functioned as symbolic capital and legitimised both the WEF’s own authority and that of business actors more broadly.
A widely made claim in academic scholarship is that the governance of solar geoengineering is characterised by gaps in international law and the absence of regulatory mechanisms. This article presents a more nuanced perspective on this claim. Instead of focusing on one comprehensive regime to govern solar geoengineering (whether its use or its non-use), we adopt a multi-dimensional impact approach to consideration of solar radiation modification (SRM) technologies and their governance. We outline the diverse array of adverse impacts that any SRM governance regime would need to contend with, and map how many of these impacts fall within the purview of existing international institutions and obligations. We conclude that any future SRM governance regime would need to build upon or at least not contravene these existing obligations. While our analysis thus modifies the claim of gaps in international law relating to SRM governance, it also suggests that the fragmented yet comprehensive coverage of diverse impacts does not mean that global coordination to govern deployment of SRM is already in place. Instead, the fragmented web of institutions and principles that exists provides room largely for restrictive SRM governance, in order to prevent adverse impacts within core areas of concern.
The global diffusion of state power has led to a decline in global governance; that is, in the attempt to build authoritative rules and institutions that represent the common goals of the international community. The rise of China and other powers has increased the heterogeneity of the international system, and the erstwhile hegemon has turned against the international order. The major powers today have vastly different domestic characteristics and pursue strongly divergent interests. This has gridlocked and marginalized multilateral organizations such as the United Nations and World Trade Organization and seen a worrying disregard for international law. In response, the institutional ecosystem of global governance is adapting by lowering its scope, weakening its commitments, and splintering into partly competing institutional orders. Adaptation and decline are not mutually exclusive: Today, we can witness the adaptation of global governance to its own decline. Theoretically, this points to the enduring relevance of hegemonic stability theory for global governance. The result is a reduced normative ambition for global governance, signaling a retreat from the grand internationalist vision of organized cooperation among all the members of the international community.
With formal international organizations (IOs) facing gridlock and informal IOs proliferating, cooperation in the twenty-first century looks different than it did in previous eras. Global governance institutions today also face additional challenges, including a fragmented information environment where publics are increasingly vulnerable to misinformation and disinformation. What do these trends portend for international politics? One way to answer this question is to return to a core ingredient of a well-functioning IO—information provision—and ask how such changes affect efficiency. Viewed through this lens, we see decline in some arenas and adaptation in others. Formal IOs are struggling to retain relevance as their weak policy responses and ambiguous rules create space for competing signals. The proliferation of informal institutions, on the other hand, may represent global governance evolution, as these technocratic bodies are often well-insulated from many political challenges. Yet even if global governance retains functionality, the legitimacy implications of such trends are troubling. IO legitimacy depends in part on process, and from this standpoint, the informational gains of informal governance must be weighed against losses of accountability and transparency. Ultimately, evaluating the normative implications of these trends requires making judgments about the preferred legitimizing principles for global governance.