Expert Networking and International Governance: Questions of Democracy

Author(s):  
Andreas Eriksen

Networks of experts coordinated or orchestrated by international bodies have become so widespread and influential that they are said to shape a new world order. Standards for consumer safety, investor protection, and environmental sustainability are governed by appeals to the epistemic authority of experts. Typically, formal international organizations orchestrate cross-border constellations of public–private collaborations between groups that are deemed to have relevant knowledge. This trend is part of a depoliticization of decision-making; policy issues are framed as technical problems that should be kept at a distance from party politics. The question here is how to conceptualize and assess this development in democratic terms. In political theory, three kinds of approach have evolved in response to this trend. At one extreme, the argument is that governance beyond the state cannot be legitimate until it has implemented modes of representation and contestation familiar from the domestic context. At the other extreme, the argument is that legitimacy beyond the state should be decoupled from democratic concerns and be legitimated on technocratic grounds. Between these two poles is the argument that democracy does not have to resemble the domestic model in organizational terms and can fruitfully be reconceived or reinterpreted in the international context. Versions of the reinterpretive approach are currently popular under different theoretical labels. It is fruitful to use it as a model for considering questions of democratic legitimacy for the expert networks that constitute or interact with international organizations. In following the reinterpretive route, a natural starting point is to consider what the key evaluative dimensions of democracy are. At an abstract level, democracy is about three main considerations: 1. Authorization: The people are the rightful principals of public action. It is necessary to consider how people can be empowered to challenge and potentially veto opinions that flow from expert networks. 2. Attitude: Democratically justified institutions express the right kind of concern for people as equals. There are important questions about how the technical rationalities of expert networks can show consideration for a reasonable pluralism of perspectives and how “soft law” can address subjects with appropriate respect for citizens’ claim to justification and rule of law. 3. Area: The authority of democratically legitimate institutions must be matched by a defined sphere of answerability. For the area of expert networks, this issue concerns both the scope of expert mandates and whether there is a fit between mandate and actual practice. The task for an assessment of the democratic legitimacy of expert networks is to consider more fully what each of these evaluative dimensions imply in the relevant context.

Author(s):  
Steven Wheatley

Researchers on “democracy” in international law have to make an important methodological choice: They can examine the “democracy norm” from the perspective only of international law (state practice, treaty norms, international law texts, etc.) or they can locate their research within a wider body of social science literature, in particular considering the normative conception of democracy in political theory (electoral, deliberative, consociational, etc.) and the practice of democracy and democracy promotion identified in political science. The latter is recommended since the idea of democracy in international law did not emerge ex nihilo. To be meaningful, it seems reasonable to conclude that the international law conception of democracy must maintain its family relationship with the idea of democracy that has emerged in political thought and practice over time—after all no agreed definition of democracy exists in international law. For researchers engaged in a critique of doctrine and practice from the perspective of democratic legitimacy, more in-depth reading will be required and reading of the original materials is essential. This article introduces researchers to the key writings in the English language on democracy in international law and relevant readings that inform the debates in international law in cognate disciplines. While certain democratic elements can be found in international doctrine and practice over time, “democracy” as an identifiable principle of the international law order can be dated back to the 1990s and the ending of the Cold War. While the status and content of the “democracy norm” in international law remains contested, the influence of democratic ideals can be seen in a number of areas relating to legitimate political authority at the level of the state and, increasingly, the (democratic) legitimacy of international organizations and institutions. The principle of democracy is seen to have an influence in the functioning of international law and the practice of international relations and international governance: establishing a criterion for legitimate and lawful government, giving form to the right of peoples to political self-determination, providing a context for the enjoyment of human rights and fundamental freedoms, and establishing the basis for peaceable and nonpeaceable interstate relations. Moreover, following the globalization and fragmentation of governance functions, concern has grown increasingly with respect to the “democratic deficit” experienced by citizens at the level of the state, leading to proposals for the democratization of global governance and a literature that examines the extent to which a democratic state should accept the authority of nondemocratic international law norms.


2004 ◽  
Vol 39 (2) ◽  
pp. 336-363 ◽  
Author(s):  
Andrew Moravcsik

AbstractMany scholars, commentators and politicians assert that international organizations suffer from a severe ‘democratic deficit’. This article proposes a basic framework for evaluating this applied ethical critique of global governance. It rests on two criteria. The first, philosophical coherence, dictates consistent adherence to one or more conception of democratic legitimacy (libertarian, pluralist, social democratic or deliberative). The second, pragmatic appropriateness, requires that any philosophical standard be calibrated to reasonable expectations in the ‘second-best’ world constrained by transaction costs, commitment problems, and justice claims. The latter judgement is in large part empirical, for which existing constitutional practices in advanced industrial democracies provide the most reasonable baseline. By these two criteria – regardless of which specific conception of democracy is adopted as a starting point – the European Union appears to be democratically legitimate. This establishes a point of democratic legitimacy on the continuum of international institutions that could be analysed using this framework.


2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Marco Antonio Campos ◽  
André Munhoz de Argollo Ferrão

Ações de sustentabilidade ambiental estão ligadas diretamente aos empreendimentos imobiliários. No Brasil a busca por estas certificações vem crescendo nos últimos anos. Atualmente são sete os organismos certificadores atuantes no país, sendo quatro organismos internacionais adaptados ao mercado nacional e três brasileiros. Cada qual com sua metodologia e parâmetros de análise de certificação. São Paulo é o estado brasileiro que concentra a maior quantidade de empreendimentos. Portanto, este artigo apresenta as características de cada organismo certificador e as classes e níveis de certificação dos empreendimentos certificados no estado de São Paulo, através da análise dos dados disponibilizados por estes organizadores em seus sites. Contribuindo para estudos futuros em outros estados, além da classificação com dados do mercado da construção nacional criando uma base de dados deste mercado de certificações que vem crescendo nos últimos anos e será tendência futura para diferenciação dos lançamentos imobiliários. ABSTRACT Environmental sustainability actions are directly linked to real estate developments. In Brazil there has been increasing interest in these certifications in recent years. At present, there are seven certifying agencies operating in Brazil, four of which are international organizations that have been adapted to the domestic market and three of which are home-grown organizations. Each of them has its own methodology and certification analysis parameters. São Paulo is the Brazilian state which concentrates the greatest number of developments. Therefore, this article presents each certification body's characteristics and the certification classes and levels of the certified developments in the state of São Paulo, by means of analysis of the data provided by these organizers on their websites. Contributing to future studies in other states, in addition to classification with data from the national construction market, creating a database in relation to this certification market that has been growing in recent years and which will be a future trend for differentiation of real estate launches.


2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.


2018 ◽  
Vol 28 (6) ◽  
pp. 1993-2005
Author(s):  
Shemsije Demiri ◽  
Rudina Kaja

This paper deals with the right to property in general terms from its source in Roman law, which is the starting point for all subsequent legal systems. As a result of this, the acquisition of property rights is handled from the historical point of view, with the inclusion of various local and international literature and studies, as well as the legal aspect devoted to the respective civil codes of the states cited in the paper.Due to such socio-economic developments, state ownership and its ownership function have changed. The state function as owner of property also changed in Macedonia's property law.The new constitutional sequence of the Republic of Macedonia since 1991 became privately owned as a dominant form of ownership, however, state ownership also exists.This process of transforming social property into state or private (dissolves), in Macedonia starts from Yugoslavia through privatization, return and denationalization measures, on which basis laws on privatization have been adopted. Because of this, there will be particularly intensive negotiations regaring the remaining state assets.


Author(s):  
Xu Yi-chong ◽  
Patrick Weller

This chapter first considers the means, from election to selection to nomination, by which IO leaders are (s)elected and the consequences of those methods. It is followed by a discussion on the qualities regarded as necessary for successful tenure, stressing the need for trust, expertise, and legitimacy. It then analyses the three roles that the leaders of IOs, to a greater or lesser extent, must play. They are diplomats dealing with state leaders and talking in international forums. They are politicians negotiating with the state representatives on a daily basis. They are managers heading an often large secretariat. How they balance these roles often determines their capacity to shape the outcomes of their organization.


2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.


Author(s):  
Vassili N. Kolokoltsov

AbstractQuantum games represent the really twenty-first century branch of game theory, tightly linked to the modern development of quantum computing and quantum technologies. The main accent in these developments so far was made on stationary or repeated games. In this paper, we aim at initiating the truly dynamic theory with strategies chosen by players in real time. Since direct continuous observations are known to destroy quantum evolutions (so-called quantum Zeno paradox), the necessary new ingredient for quantum dynamic games must be the theory of non-direct observations and the corresponding quantum filtering. Apart from the technical problems in organizing feedback quantum control in real time, the difficulty in applying this theory for obtaining mathematically amenable control systems is due partially to the fact that it leads usually to rather non-trivial jump-type Markov processes and/or degenerate diffusions on manifolds, for which the corresponding control is very difficult to handle. The starting point for the present research is the remarkable discovery (quite unexpected, at least to the author) that there exists a very natural class of homodyne detections such that the diffusion processes on projective spaces resulting by filtering under such arrangements coincide exactly with the standard Brownian motions (BM) on these spaces. In some cases, one can even reduce the process to the plain BM on Euclidean spaces or tori. The theory of such motions is well studied making it possible to develop a tractable theory of related control and games, which can be at the same time practically implemented on quantum optical devices.


Nuncius ◽  
2019 ◽  
Vol 34 (2) ◽  
pp. 317-355 ◽  
Author(s):  
Patrice Bret

Abstract This study examines the science and technology prize system of the Académie des Sciences through a first survey of the prizes granted over the period extending from the 1720s to the end of the 19th century. No reward policy was envisaged by the Royal Academy of Sciences in the Réglement (statute) promulgated by King Louis XIV in 1699. Prizes were proposed later, first by private donors and then by the state, and awarded in international contests setting out specific scientific or technical problems for savants, inventors and artists to solve. Using cash prizes, under the Ancien Régime the Academy effectively directed and funded research for specific purposes set by donors. By providing it with significant extra funding, the donor-sponsored prizes progressively gave the Academy relative autonomy from the political power of the state. In the 19th century, with the growing awareness of the importance of scientific research, the main question became whether to use the prizes to reward past achievements or to incentivize future research, and the scale and nature of the prizes changed.


Author(s):  
Sean Fleming

States are commonly blamed for wars, called on to apologize, held liable for debts and reparations, bound by treaties, and punished with sanctions. But what does it mean to hold a state responsible as opposed to a government, a nation, or an individual leader? Under what circumstances should we assign responsibility to states rather than individuals? This book demystifies the phenomenon of state responsibility and explains why it is a challenging yet indispensable part of modern politics. Taking Thomas Hobbes' theory of the state as a starting point, the book presents a theory of state responsibility that sheds new light on sovereign debt, historical reparations, treaty obligations, and economic sanctions. Along the way, it overturns longstanding interpretations of Hobbes' political thought, explores how new technologies will alter the practice of state responsibility as we know it, and develops new accounts of political authority, representation, and legitimacy. The book argues that Hobbes' idea of the state offers a far richer and more realistic conception of state responsibility than the theories prevalent today and demonstrates that Hobbes' Leviathan is much more than an anthropomorphic “artificial man.” The book is essential reading for political theorists, scholars of international relations, international lawyers, and philosophers. It recovers a forgotten understanding of state personality in Hobbes' thought and shows how to apply it to the world of imperfect states in which we live.


Sign in / Sign up

Export Citation Format

Share Document