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Ethnographic approaches to transnational legal conflicts (TLCs) can provide key insights into the material and symbolic manifestation of the authority of international organisations (IOs) within global governance. TLCs emerge due to the differing pursuits and ambitions of actors in a pluralistic global society. In global governance, the multiplication of international institutions and the fragmented legal frameworks to which they refer raise questions as to the legitimation of IOs’ authority. This contribution builds on ethnographic observations of the TLCs around migrant rescues at the external maritime border of the EU in the Central Mediterranean. The emergence of the Libyan Search and Rescue Region (SRR) in the International Maritime Organization’s Global Search and Rescue Plan in June 2018 legitimised European authorities’ handing over of responsibility to Libyan authorities to coordinate the rescue of migrants and to thus disembark survivors in Libya. This, in turn, clashed with the international principle of non-refoulement and the duty to disembark rescued people in a place of safety according to the 1979 Convention on Maritime Search and Rescue. By describing the dilemmas posed to NGOs involved in rescues of migrants in the Libyan SRR, this contribution shows how IOs’ transnational authority materialises in the on-site hierarchisation of legal provisions within TLCs.
The academic imprint of Susan Strange, long considered a pioneer in the field of IPE, no longer resonates with contemporary debates about the organization and structure of the global political economy. We argue that her analytical framework continues to be a productive way to think about important current developments, most importantly in relation to what can now be called the digital age and its emergent form of capitalism. We therefore modify and update Strange’s framework to highlight its unique analytical potential, and to set out the operational principles of what we want to call a ‘neo-Strangean’ framework of authority. We then apply it to what Strange identifies as the finance or credit structure. By focusing on a core domain of political-economic power, we demonstrate our principal claim that a neo-Strangean framework of authority points towards an understanding of how new actors and imperatives are reshaping the global political economy. We close by outlining the analytical benefits that a neo-Strangean research agenda promises for the field of IPE, which for us centre on emphasizing the dynamics and disruptive consequences of a knowledge-infused global political economy in a way that pays sufficient attention to ideational and material factors.
How did conflicting legitimation narratives in early modern East Asia coexist despite the tensions their mutually exclusive claims generated? Prevailing accounts understand authority to be legitimised through narratives emphasising hierarchical delegation or autonomous production. In practice, both existed simultaneously. Existing accounts in International Relations (IR) suggest conflicting legitimation narratives should produce instability at best and hostilities at worst. Yet conflicting narratives endured over the long term in this period. I argue conflicting legitimation narratives were performed by actors in early modern East Asia within separate locations, allowing contradictory claims around the nature of their authority to coexist. This is seen through the contemporaneous phrase wài wáng nèi dì or ‘emperor at home, king abroad’. To demonstrate this, I introduce the segmentation of space as a concept. Producing an inside/outside dynamic, East Asian actors performed their authority through autonomously produced legitimation narratives inside while acknowledging hierarchically delegated narratives as the basis for authority outside. I identify this process of segmentation operating at both the state and the region level. Both early modern Japan and Vietnam demonstrate how East Asian thinking and practices on spatial organisation were adapted across all levels of the system. Thus, conflicting legitimation narratives could endure without converging on shared understandings.
The journey of mediation as a non-authoritative process into the court system has come full circle with one utterly different model emerging in contemporary times. As mentioned in the previous chapters, mediation has inspired hybrid judicial roles and settlement promotion and introduced consent as the foundation for many hybrid legal processes. Yet this hybridization has worked both ways, affecting mediation as well. Authority-based mediation is emerging as an advanced judicial process that generates public norms. This new sophisticated model for dealing with polycentric legal problems while preserving soft qualities of the process and keeping a narrow focus on a legal outcome is, in fact, a novel form of private adjudication. We describe this emergent form of mediation and its theoretical underpinnings.
This chapter examines the foundations and evolution of papal legation in the Middle Ages. It frames the development of this ecclesiastical office in the context of burgeoning papal authority and its reception in Christian lands. And it posits the growth of legation as a natural and effective response to the Roman Curia’s administrative, bureaucratic, and legal needs.
Chapter 11 explains the supervisory framework under MiCA. Section 11.2 starts with MiCA’s rules for general supervision by national competent authorities (NCAs). Section 11.3 covers EBA’s supervision for significant stablecoins (ARTs/EMTs). Section 11.4 explains MiCA’s product intervention rules, which establish shared supervision between NCAs, the EBA, and the ESMA. Then, Section 11.5 covers MiCA’s extensive system for supervisory cooperation, both among NCAs, between NCAs and EBA, the ESMA, other European authorities, and also with third country authorities. Finally, Section 11.6 explains MiCA’s implementation timeline and implementing measures.
The chapter focuses on five disparate exercises of power spanning the global empire: the rebellions of the Araucanians, the Sangleys of Manila in the Philippines, the peasants of Córdoba in Andalusia, the Indians of Oaxaca in New Spain, and the expulsion of the moriscos from the Iberian Peninsula. Different scenarios of opposition to royal authority and their concomitant repression are analyzed to contrast how officials acted and thought, incorporating and rejecting subjects, and to study how the same official could perform in two very distinct circumstances and locales. More importantly, close attention is paid to the circulation of political ideas. Practices of government were transmitted worldwide, as well as the tropes and stereotypes on which royal officials relied for assessing imperial subjects and imposing royal authority on them.
From 1580 to 1700, low-ranking Spanish imperial officials ceaselessly moved across the Spanish empire, and in the process forged a single coherent political unit out of multiple heterogeneous territories, creating the earliest global empire. Global Servants of the Spanish King follows officials as they itinerated between the Americas, Asia, Europe, and Africa, revealing how their myriad experiences of service to the king across a variety of locales impacted the governance of the empire, and was an essential mechanism of imperial stability and integration. Departing from traditional studies which focus on high-ranking officials and are bounded by the nation-state, Adolfo Polo y La Borda centers on officials with local political and administrative duties such as governors and magistrates, who interacted daily with the crown's subjects across the whole empire, and in the process uncovers a version of cosmopolitanism concealed in conventional narratives.
In this article, I explore how public participation affects the research and production of history. As a way of making history more accessible, more participatory, and more connected to present-day public engagement with the past, public history fully belongs to the public humanities. In public participation as decentralization of the history-making process: the HistorEsch project in Luxembourg, I discuss the collaboration among historians, artists, and local residents to co-construct new public historical narratives of the town of Esch-sur-Alzette, in Luxembourg. As a paradigm, public history questions and reinvents the role of professional historians who share authority with other actors in the history-making process.
This article explores Lucian’s treatise, How to Write History, in the context of ancient rhetorical and literary theory. While situated within the domain of historiography, the treatise prioritizes issues related to literary composition, such as the linguistic register and content selection deemed fitting for the historical genre. Through comparisons with critics and theoreticians like Aristotle and Demetrius, this study re-evaluates Lucian’s instructions for preface writing and other stylistic guidelines throughout the work. The conclusions highlight Lucian’s innovative approach to historical composition, influenced by rhetorical and literary theory yet reshaped to fit his vision of history and its purpose. Additionally, the examination reveals Lucian’s strategic use of rhetorical and literary theory in critiquing not only writing style but also issues intrinsic to history.
Pakistani Tablighis, practitioners of the transnational Islamic piety movement the Tablighi Jamaat, say that Muslims have abandoned religion (din) and been led astray by the world (dunya) and this has thrust the world into a state of moral chaos (fitna). They insist that only their form of face-to-face preaching (dawat) can remedy this situation. Drawing on Bakhtin’s (1981) notion of chronotope, or distinct imaginaries of space and time, anthropologists have argued that chronotopes produce a “plot structure” for social interaction that instantiates different social persona and forms of agency. In this article, I argue that dawat is organized around a chronotope of piety that encourages deference to others as well as defers the realization of piety to the future, thereby creating a self-limiting and self-regulating form of pious authority that Tablighis see as the basis for the creation and moral reproduction of the Islamic community. Pious authority takes on political significance as an alternative form of sovereignty against the backdrop of religious and political fragmentation engendered by state- and market-driven Islamization in Pakistan.
In most scholarly accounts, borders are portrayed simply as thin, jurisdictional lines; they define where one sovereignty ends and a new one begins. Recently, scholars have shown that borders are increasingly becoming wide and zonal – an important advance in our understanding. In this chapter, however, it is suggested that even these accounts are insufficient to change our paradigm as they still rely on the state/territory/border triad as their baseline and see contemporary changes as deviations from this norm. In other words, while such work can generate shifts in our understanding of borders, they nonetheless perpetuate the border’s naturalness. To redress this problem, this chapter begins by defining the “Westphalian” border as it is conventionally understood – distinguishing two features, borders-as-authority and borders-as-control. Second, it looks at the development of modern bordering to locate when this “Westphalian” border starts to take shape. The chapter concludes with a reconceptualization – referred to as the Accordion Model – which captures the conditional and oscillating relationship between states, territories, and borders. The hope is that by doing so, we might chip away at the hegemonic hold that the linear border – and the state/territory/borders triad – has on our political imaginaries
The transnational movement of peoples across the globe is one of the most bitterly contested political issues of our times, eliciting populist anger against migrants and refugees. This public outcry has muffled, however, a more dramatic process: the contemporaneous reconfiguration of territory, rights, and jurisdiction. This chapter highlights the formation of “shifting borders” that enable states to create lawless zones as well as rightless subjects. It then explores a combination of juridical and democratic possibilities for resistance and claims-making in a world of shifting borders and cosmopolitanism without illusions.
Chapter 5 argues that the increasing number of female servants and resulting visibility of women at court had political ramifications. By exploring the more active roles played by ladies and damsels in political events of the realm, I demonstrate how female courtiers found ways to access privilege for themselves, their families, and other associates through intercession. For example, they dramatically assisted Isabella’s coup against her husband Edward II and courageously stood by Catherine of Aragon during her divorce crisis. On the other hand, when national sentiment turned xenophobic, a queen’s foreign attendants faced scorn, retribution, and even banishment during periods of conflict. Some female attendants faced misogynistic attitudes that attacked their perceived propensity toward immodest sexuality, greed, and darker forces like witchcraft and poisoning. This role of women at court – apart from queens and particularly notorious examples like Edward III’s mistress Alice Perrers – has been neglected in many discussions of medieval court politics and patronage. I contend that the hostility experienced by some female courters highlights how medieval contemporaries themselves recognized women’s potential access to insider information about monarchs and the favors that could be bestowed to their kin, friends, and associates.
Responding to ever-increasing pressures of migration, states, supranational, and subnational actors deploy complex moves and maneuvers to reconfigure borders, rights, and territory, giving rise to a changing legal cartography of international relations and international law. The purpose of this volume is to study this new reconfiguration of rights, territoriality, and jurisdiction at the empirical and normative levels and to examine its implications for the future of democratic governance within and across borders. Written by a diverse and accomplished group of scholars, the chapters in this volume employ legal, historical, philosophical, critical, discursive, and postcolonial perspectives to explore how the territoriality of the modern states – ostensibly, the most stable and unquestionable element undergirding the current international system – has been rewritten and dramatically reimagined. This title is also available as Open Access on Cambridge Core.
This final chapter relates the Norwegian treason trials to comparable processes in both Eastern and Western Europe following the Second World War. In contextualising the Norwegian trials, the chapter looks in particular at events in Denmark, France, Belgium, the Netherlands, the Czech Lands, Poland, Italy and Hungary. In its analysis, the chapter identifies four key aspects of the Norwegian trials that help mark them out as distinctive within a wider European context: 1) the considerable planning capacities enjoyed by the exile government; 2) the relative absence of extrajudicial violence upon liberation; 3) the unparalleled scope of the trials; and 4) the strong focus placed by the Norwegian authorities on the trials’ legality. The more fundamental tensions and challenges that Norway experienced as a result of occupation and collaboration were shared across Europe, however.
From where does management acquire its authority to act in the name of the corporation? The orthodoxy that shareholders alone authorise management is frequently criticised for treating the corporation as the property of shareholders, rather than as a distinct legal person in its own right (Ciepley, 2013; Deakin, 2012; Robé, 2011; Stout, 2012). However, Hobbes’s theory of incorporation in Leviathan shows this influential critique of shareholder primacy to rest on a non sequitur. It does not follow from the (correct) observation that the corporation is a legal person to the conclusion that its interests are distinct from those of shareholders. Just as individuals become citizens of a state when they authorise a sovereign, shareholders are incorporated when they authorise a representative assembly to act in their interests. Shareholders thereby form a single corporate person and are ultimately responsible for whatever is done in their corporate name.
The conclusion turns to the implications of this study today, both in terms of our own view of liberal democratic society and the place of women in it. Grouchy shows us, firstly, how significant ideas can persist through an era of upheaval like the French Revolution: through constant negotiation, continual re-interrogation, and a determination to hold on to core concepts while adapting and discarding others. It argues, furthermore, that Grouchy’s politics and philosophy provide further evidence that women in history have thought and acted politically, but not always in the ways we commonly understand as ‘thinking’ or ‘acting’. It expresses the hope that the example of Grouchy will provide inspiration for other historians who wish to reconstruct the ideas of those in the past – in particular women and other marginalised groups – who did not do all, or any, of their thinking over the course of long texts. The reconstruction of this rich history will, in turn, help combat the problem of authority still encountered by women today in political and intellectual spheres. Finally, it ends with the suggestion that Grouchy’s thought may be of use for those twenty-first century theorists who argue that emotions are essential to successful liberal democracies.
This chapter explores the idea of gendered social performance through the texts of Plutarch and Sima Qian. Chandra Giroux investigates two categories of social performance in particular: friendship and authority, and death and grief. Both categories are approached from the perspective of each author’s own social performance in these scenarios as well as how they represent the social performance of women in them. Through an investigation of Plutarch’s and Sima Qian’s self-representations of their own social performances, she argues that both authors attempt to establish themselves as exemplary figures, ones that focus on the idea of the maintenance of harmony. In this way, Plutarch’s and Sima Qian’s actions are meant as a mirror for their readers’ own lives. In comparison, the chapter analyzes the examples of Timokleia and Timoxena in Plutarch’s corpus, as well as that of Nie Ying in Sima Qian’s work, to explore the authors’ notions of the ideal female reaction to friendship and authority, as well as that of death and grief. In this analysis, Giroux finds that both authors’ representations of women are based in the gender expectations of their respective societies. It is thus the differences between their cultures’ approaches to gender relations that dictate how Plutarch and Sima Qian understood the ideal female reaction to death, grief, friendship, and authority.
The jurisdictional complexity and layered sovereignty of empires converted struggles over rights – their definition, deployment, and distribution – into contests over authority. This chapter examines the close relationship between authority and rights, together with the emergence of variegated rights regimes, in the British, Spanish, and Russian empires. All three empires relied on long-standing routines for assigning different sets of rights to different categories of subjects. This approach to the history of rights is different from the familiar focus on the circulation of ideas about natural or universal rights. The chapter examines the politics of rights in relation to imperial claims of protection over various groups and in coerced labor regimes. It then turns to the question of how conflicts over rights inside empires influenced global stratification. The right to be sovereign – the right to give rights, to order them, and to protect them – emerged in the long nineteenth century as a capacity possessed and decided by European imperial powers.