How is Accountability Determined When Private Actors are Involved in the Deportation of Irregular Migrants?

Author(s):  
Martha Price
2018 ◽  
Vol 15 (4) ◽  
pp. 545-559 ◽  
Author(s):  
Florian Tissot

The aim of this article is to clarify the role of the organisations that support skilled migrants after a relocation, using the analytical concept of migration industry. The concept is used as a tool to explore the gap between the macro and the micro levels and by that stresses the crucial meso-level when it comes to conceptualizing (skilled) migration. I use 30 semi-directive interviews with skilled migrants and six interviews with key informants in the migration industry as a basis for the analysis, leading me to distinguish three main services at the heart of this industry. Each service is covered by distinct private actors: the basic needs of the family by relocation offices, the education of the children by international schools, and the careers of the partner by outplacement agencies.


Author(s):  
Jessica F. Green

This book examines the role of nonstate actors in global environmental politics, arguing that a fuller understanding of their role requires a new way of conceptualizing private authority. It identifies two distinct forms of private authority—one in which states delegate authority to private actors, and another in which entrepreneurial actors generate their own rules, persuading others to adopt them. Drawing on a wealth of empirical evidence spanning a century of environmental rule making, the book shows how the delegation of authority to private actors has played a small but consistent role in multilateral environmental agreements over the past fifty years, largely in the area of treaty implementation. This contrasts with entrepreneurial authority, where most private environmental rules have been created in the past two decades. The book traces how this dynamic and fast-growing form of private authority is becoming increasingly common in areas ranging from organic food to green building practices to sustainable tourism. It persuasively argues that the configuration of state preferences and the existing institutional landscape are paramount to explaining why private authority emerges and assumes the form that it does. In-depth cases on climate change provide evidence for the book's arguments. The book demonstrates that authority in world politics is diffused across multiple levels and diverse actors, and it offers a more complete picture of how private actors are helping to shape our response to today's most pressing environmental problems.


Author(s):  
András Sajó ◽  
Renáta Uitz

This chapter examines the idea of separating distinct governmental functions into at least three branches (horizontal separation) as a means to safeguard individual liberty. The three branches of government have different functions: the legislature legislates, the executive branch executes the laws, and the judiciary administers justice. This corresponds to the functional distribution of essential governmental tasks and competences. The chapter explores how governments based on separated (or at least divided) powers work, in a perpetual balancing exercise as a result of the operation of checks and balances. Finally, it discusses independent agencies that are now routinely added to the old constitutional mix of powers and the problem of outsourcing public powers to private actors.


Author(s):  
Sanja Milivojević

This chapter looks at the intersection of race, gender, and migration in the Western Balkans. Immobilizing mobile bodies from the Global South has increasingly been the focus of criminological inquiry. Such inquiry, however, has largely excluded the Western Balkans. A difficult place to research, comprising countries of the former Yugoslavia and Albania, the region is the second-largest route for irregular migrants in Europe (Frontex 2016). Indeed, EU expansion and global developments such as wars in Syria, Afghanistan, and Iraq have had a major impact on mobility and migration in the region. The chapter outlines racialized hierarchies in play in contemporary border policing in the region, and how these racialized and gendered practices target racially different Others and women irregular migrants and asylum seekers. Finally, this chapter maps the impact of such practices and calls for a shift in knowledge production in documenting and addressing such discriminatory practices.


Author(s):  
Jeremy Youde

While Chapter 3 focuses primarily on the evolution of global health governance, Chapter 4 pays more attention to its contemporary manifestation as a secondary institution within international society. This chapter discusses the current state of the global health governance architecture—who the important actors are, how they operate, how they have changed over the past twenty-five years, and how they illustrate the fundamental beliefs and attitudes within the global health governance system. In particular, the chapter discusses the relative balance between state-based and non-state actors, as well as public versus private actors. This chapter highlights five key players within contemporary global health governance: states; the World Health Organization; multilateral funding agencies; public–private partnerships; and non-state and private actors


Author(s):  
Lucia Quaglia

This book examines the post-crisis international derivatives regulation by bringing together the international relations literature on regime complexity and the international political economy literature on financial regulation. Specifically, it addresses three interconnected questions. What factors drove international standard-setting on derivatives post-crisis? Why did international regime complexity emerge? How was it managed and with what outcomes? Theoretically, this research innovatively combines a state-centric, a transgovernmental and a business-led explanations. Empirically, it examines all the main sets of standards (or elemental regimes) concerning derivatives, namely: trading, clearing, and reporting derivatives; resilience, recovery, and resolution of central counterparties; bank capital requirements for bank exposures to central counterparties and derivatives; margins for derivatives non-centrally cleared. Regime complexity in derivatives ensued from the multi-dimensionality and the interlinkages of the problems to tackle, especially because it was a new policy area without a focal international standard-setter. Overall, the international cooperation that took place in order to promote regulatory precision, stringency, and consistency in the regime complex on derivatives was remarkable, especially considering the large number of policy actors involved (states, private actors, regulators). The main jurisdictions played an important role in managing regime complexity, but their effectiveness was constrained by limited domestic coordination. Networks of regulators facilitated international standard-setting and contributed to managing regime complexity through formal and informal tools. The financial industry, at times, lobbied in favour of less precise and stringent rules, engaging in international ‘venue shopping’; other times, it promoted regulatory harmonization and consistency.


Author(s):  
Congyan Cai

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.


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