Non-state Entities Research Articles

Paradiplomacia y desarrollo económico en la región transfronteriza de Reynosa-McAllen

La paradiplomacia es un nuevo fenómeno de participación internacional de gobiernos locales y otras entidades no-estatales. La investigación tiene como objetivo analizar la construcción paradiplomática y observar el desarrollo económico en la región transfronteriza Reynosa-McAllen a partir del Tratado de Libre Comercio de América del Norte (TLCAN). Se utilizó la investigación cualitativa con un enfoque descriptivo. Los instrumentos de recolección de información fueron la revisión bibliográfica y la entrevista. Los hallazgos demuestran que las actividades de vinculación entre Reynosa y McAllen, obedecen al trabajo en equipo que se realiza principalmente entre el Gobierno Municipal de Reynosa, Gobierno del Estado de Tamaulipas y la organización McAllen Economic Development Corporation (MEDC), que han incrementado la inversión y empleo generando un desarrollo económico en esta región transfronteriza.

Challenges Facing Small and Medium Water Service Providers in Kenya: A Case of Amatsi Water Services Company, Vihiga County

The access to water services is a fundamental human right. Water and sanitation services coverage in Kenya is low even with the implementation of reforms in the sector initiated in 2002. Small and medium Water Service Providers (WSP) face numerous challenges which are stifling their ability to sustainably fulfil their mandates without relying on subsidies from state or non-state entities. The aim of this study was to analyse the challenges facing water utilities in rural Counties using Amatsi Water Services Company as a case study. The performance of the WSP was analysed for 2014 to 2017 and the challenges as depicted were classified into technical and economic parameters. The legal framework was also examined and its possible influence on the operation of the WSP. The main problems affecting small and medium WSPs include high non-revenue water, low metering of connections, low revenue collection efficiency, high operation and maintenance costs, governance challenges, insufficient funding and low quality of service. Furthermore, it is important for legislative clarity on the relationship among the institutions created by the Water Act 2016.

The regulation of illegal fundraising in China

ABSTRACTThe rise of financial technology means that it is easier than ever to raise funds from a large group of people, notably via peer-to-peer lending or crowdfunding platforms. This article seeks to discuss the law on illegal fundraising, which has existed for some time before the boom of the Internet, as a legal response to the increasing number of fundraising from the public. Regulation is necessary to ensure market order and investor protection. Virtually in all markets, there are restrictions on how entities can make a public offer of shares, bonds and/or other investment schemes. There are several laws, most notably criminal law, in China that are relevant to illegal fundraising. An individual/company can potentially breach one or more of these rules as long as they attempt to raise funds from a non-conventional (i.e. not stock markets or banks) route. The worst outcome of this used to be death penalty. There has been a degree of ambiguities in the application of these laws. The article will attempt to clarify these ambiguities. The regulation of illegal fundraising can have a far reaching consequence on the financial markets in China, considering that non-state entities, particularly small and medium-sized enterprises, have limited access to conventional finance. The article will consider whether China is on the right track in terms of regulation to allow alternative fundraising channels to thrive. This article is the first ever to present a holistic account of the regulation of illegal fundraising in China.

Defining Cyber Weapon in Context of Technology and Law

This article describes how the interconnected world of today, or the cyber space so often called, is easily accessible through a wide array of devices and has an impact and reach beyond geo-political boundaries Owing to high levels of connectivity and the nature of E-governance activities today, the cyber space is rapidly becoming a potential global battlefield for cyber warfare among various state and non-state entities. An effective cyber weapon in this space is like an indicator of cyber power, its nature being offensive or defensive. Parameters of effectiveness and reliability range from the type of developer of the weapon, whether state or non-state to its longevity in time and technology and others like possibility of an economic implementation along with the scope of its usage. This article is aimed at analyzing existing definitions, opinions and notions about cyber weapons and defining the term cyber weapon from a techno-legal perspective, which could be universally acceptable and have characteristics of enforceability across all domains: civil, criminal & defense applications.

UKRAINE BEFORE THE CHALLENGES OF THE 21ST CENTURY

The 21st century has given humanity, including Ukraine, a huge number of challenges that need to be answered. To understand the range of threats and trends in the development of the world community is the most important task for humanity. The modern world is usually characterized by epithets of «crisis», «turbulent», «unstable». These characteristics are undoubtedly true. But they are not exhaustive. Apparently, with even more reason, the world can be called dynamic, complicated and increasingly dangerous. In the struggle for the future that unfolds on the planet, risks are growing and threats are increasing. To the Davos Forum in 2017, a report was published on the global risks awaiting humanity in the near future.In total, experts identified 30 global risks, as well as 13 trends that can strengthen them or change the relationship between them. Risks are divided into five categories: economic, environmental, geopolitical, social and technological. In ten of the most probable risks in 2017 – three of the areas of ecology and three of the geopolitics, while the environmental is higher: two of them are among the top 3 global risks. These are extreme weather events and large-scale natural disasters. The top ten included also the risks of anthropogenic environmental disasters.The second most significant category of risks is geopolitics. Among them, the most dangerous are large-scale terrorist acts, followed by interstate conflicts and inefficient state administration. They include a one-way approach to solving international issues instead of the necessary collective efforts of the world community. In addition, countries are openly accusing each other of interfering in their internal affairs.It should be emphasized that global risks do not exist separately from each other, but tend to generate each other, overlay, turning into the most powerful destructive cascades of threats. Most experts believe that, for the first time since the late 1980’s, a trigger for such a “domino of risks”, capable of launching destructive processes of global destruction, may become one or another armed conflict, initially local, but those that are increasingly drawn into their funnel the number of states and non-state entities. It is noted that at present, in essence, there are no well-established procedures for preventing the escalation of such armed conflicts and their escalation into a global conflict.In the third place – the technological risks: fraud or personal data or theft, which have reached «unprecedented scale». Among the most likely technological risks of the next decade, experts called large-scale cyber attacks (sixth in the top ten). They also agree that in the coming years the destructive impact of technology on non-productive sectors of the economy will only intensify: the rapid development of robotics, sensors and machine learning will crowd out the human work of the service sector.Among the trends that can aggravate global risks or change the relationship between them, experts included: aging population, changes in the role of international structures (UN, IMF, NATO), climate change, environmental degradation, middle class growth in developing economies, strengthening of nationally oriented sentiments, deepening polarization of society, etc.The modern world changes its configuration, which increases its instability, mobility, nonlinearity. There are qualitatively new threats caused by the advancement of humanity through technological progress. In these circumstances, Ukraine, as an independent state, must develop such a strategy of its foreign and domestic policies, which would, first of all, ensure its national interests, sovereignty and territorial integrity, welfare of the population, prospects for the future for children and grandchildren.

Taken - An Islamic Inspired Collaboration to Facilitate the Freedom of People Taken Hostage Because of Their Nationality, Race or Beliefs

Compared to situations involving hostages taken in the committal of a felony, the situation involving people taken hostage by non-state entities because of their nationality, race or beliefs is infinitely more complex: The action is most often well planned and professionally executed; The negotiations are infinitely more complex and need to be comprehended from diplomatic and humanitarian perspectives; The captors are likely to be well-educated and possess the ability to counter any strategies devised to secure the hostages release; and There can be international ramifications. This paper specifically addresses the issue of people held hostage against their will because of their nationality, race or beliefs by non-state entities as leverage for political, ideological and/or material advancement for the purposes of funding the hostage-takers objectives. It reflects an obvious omission in terms of the existing arrangements for dealing with such situations in that the families and friends of hostages presently have little alternative but to seek assistance within the confines of the existing geopolitical and commercial framework. Many agendas operate among those purportedly representing hostages, including self-interest and greed; humanitarian interests of captives are not always given the priority they deserve. Terry Waite, Hostage Negotiator and Anglican Church Envoy, commented on the reticence on the part of the authorities, during the Lebanon hostage crisis 1982-1992, to get involved or to assist others coming to the hostages’ aid [See Annex A]. Nothing has substantially changed since Terry Waite made those comments. The paper presents a concrete plan to address the issue of hostage-taking presenting the issue in the context of historical injustice, occupation, deprivation, exclusion, discrimination, marginalization and the disintegration of institutions. The response to hostage-taking is presented in the context of mutual respect, inter-faith harmony and human rights. The paper makes two key recommendations: It makes the case for putting in place the organisation and methodology to resolve hostage situations before they threaten the safety of the captives. It suggests that in the absence of any other initiative, it becomes the duty of Muslims, to inspire people from all backgrounds and faiths, to come together for the express purpose of securing the release of people held hostage by non-state entities because of their nationality, race or beliefs.

Kiedy racjonalność spotyka się z interesem politycznym. Problemy racjonalizacji polityki edukacyjnej w polskich gminach

The paper presents the results of the research on education policy rationalization in rural and urban-rural municipalities. The author focuses on the most radical rationalization solution, namely the liquidation of schools. This solution, albeit economically feasible, can be costly in the social dimension. In the article, the author verifies the hypothesis assuming that the postulated rationalization of the municipal education policy becomes fictitious when the municipal authorities (executive body) are motivated by their own interest, i.e. maintaining public support (a victory in subsequent elections) rather than economic rationality and public good. The problem of rationalizing school networks in the municipalities has been analyzed by the author on the grounds of the rational choice theory. The article was based on the literature review, quantitative data and empirical research carried out in selected municipalities in the form of semistructured interviews. The comparative method, elements of system analysis and qualitative methods were used in the research. In a two-stage process, the researcher has chosen the municipalities located in three provinces (Świetokrzyskie, Mazowieckie and Pomorskie), and then 60 respondents from among the following groups: municipal authorities (an executive body and representatives of a legislative body), teachers, school governing non-state entities, representatives of local communities and local leaders.

Armed Non-State Actors and International Human Rights Law: An Analysis of the Practice of the U.N. Security Council and the U.N. General Assembly

Two interrelated trajectories are exerting pressure on a fundamental premise that has long undergirded international human rights law (IHRL). That premise — that the state is the primary entity that bears international-legal responsibility for respecting, protecting, and fulfilling human rights — stems in part from the (largely exclusive) competence of states to make, adjudicate, and enforce rules within their respective jurisdictions. The first trajectory is that, in a number of key respects, certain entities and scholars are increasingly recognizing the possibility of non-state entities bearing de-jure or de-facto human-rights obligations or related responsibilities. And the second trajectory is that, seemingly increasingly, armed non-state actors (ANSAs) control access to territory and exercise control over civilian populations. Several significant legal, policy, and practical concerns are at issue in whether ANSAs will ultimately be recognized — by all relevant institutions and actors — as bearing human-rights obligations in general under international law in a manner previously reserved primarily for states. In considering this set of issues, it is important to clarify what obligations, if any, the United Nations (U.N.) Security Council and the U.N. General Assembly recognize ANSAs as possessing under IHRL. This June 2017 Briefing Report with Annexes provides an overview of research conducted by HLS PILAC concerning modalities in which the U.N. Security Council and the U.N. General Assembly have addressed ANSAs with respect to human rights; ways in which these U.N. principal organs have distinguished between different types of ANSAs; and the consequences of these organs possibly establishing responsibility of ANSAs in relation to the protection and fulfillment — or, at least, the non-abuse — of human rights. While it is incontrovertible that the U.N. Security Council and the U.N. General Assembly have recognized, at a minimum, that the conduct of at least some ANSAs can amount to violations or abuses of human rights, it is not currently possible to state that either of these principal U.N. organs has taken sufficient steps to formally endow ANSAs with human-rights obligations in general under international law.

The Open Government Partnership Beyond the Nation State: The Case of the European Union

The article outlines the options for collaboration between the European Union (EU) and the Open Government Partnership (OGP). The OGP accepts full participants (states), sub-national participants (pilot program), and observers. As of now, the OGP’s charter states that it only accepts “states” for full participant status. Three options are available to the OGP for accommodating the EU: 1. Full participant status for the EU: the OGP would have to amend its Articles of Governance to allow non-state entities such as the EU to be participants by removing any mention of “government” of states, and replacing it with any government at the sub-national, national or supranational levels; 2. Ad-hoc participation of the EU by creating a supra-national government program: the OGP would have to create a program tailored to the EU, which could be used as a model for allowing other supra-national bodies in the future. If option 2 is a success, the OGP could propose full participant status to the EU at that time; 3. ‘Observer status’ for non-state entities with the EU as an observer: the OGP maintains the status quo by enabling non-state actors to obtain observer status. The article also reviews the requirements for OGP membership, the competence of the EU to join, and the question of which EU institution would be responsible for negotiating OGP membership. The article concludes by analysing how the EU would formalise its commitment to the OGP through an Inter-Institutional Agreement.

Legal Challenges Relating to the Commercial Use of Outer Space, with Specific Reference to Space Tourism

Since the launch of the first artificial satellite, Sputnik 1 in 1957, the outer space arena has evolved to include non-state entities, which are becoming serious participants in outer space activities themselves, including venturing into the space tourism market. Although space tourism is still in its infancy, it is estimated that the number of space tourists will substantially increase within the next few years. As space tourist activities increase, accidents will inevitably occur, which will give rise to legal questions relating to the duty of states to rescue space tourists in distress, and the liability for damages. This contribution points out that the current outer space treaty regime, which focuses on the use of outer space by states, is to a large extent outdated and that it cannot adequately deal with the unique legal challenges presented by the rapidly developing space tourism industry. This situation is exacerbated by the fact that the outer space legal framework is very fragmented – consisting of treaties, UN principles and guidelines, regional regulations and intergovernmental agreements, as well as national guidelines and legislation. In order to ensure that space tourism is indeed to the benefit of all mankind, it is imperative that clear international legal rules relating to space tourism be formulated, where standards are set for the authorisation and supervision of commercial space activities and the interests of states, passengers and private actors are balanced as far as possible. In view of the urgent need to address these legal questions and the consequent lack of time to negotiate a binding legal instrument, it is submitted that, as an interim measure, soft law guidelines should be developed in relation to space tourism in order to provide a framework for the eventual creation of a consolidated and binding legal instrument on all aspects relating to the use and exploration of outer space.

Stephen G. Gross. Export Empire: German Soft Power in Southeastern Europe, 1890–1945.

Some months ago, German newspapers reported with a degree of pride that Germany would once again be Exportweltmeister (export world champion) in 2016 as measured by the current account surplus and effected primarily through massive merchandise exports. As today, merchandise exports played a pivotal role in the German business model between the early Wilhelminian period and the end of World War II. This period, especially the turbulent decades after World War I, is the focus of Stephen G. Gross’s excellent study Export Empire: German Soft Power in Southeastern Europe, 1890–1945. Gross explores the trade relations between Germany and two comparatively small, agrarian, and less industrialized southeastern European countries, Romania and Yugoslavia, and skillfully connects them to international politics and the practices of German imperialism. Analyzing the emergence of German “soft power” and trade-driven imperialism in southeastern Europe, the author pays special attention to the previously neglected role of non-state organizations. Drawing on recent scholarship on trade, international relations, and imperialism, which has underlined non-state actors’ often influential role in policymaking, Gross elaborates on the activities of such key non-state entities as the Leipzig Trade Fair, the Mitteleuropäischer Wirtschaftstag (an association of German and non-German business elites), and the Mittel-Europa Institut, as well as the academic institutes in Leipzig and in Dresden.

North Atlantic Treaty security

<i>The article discusses security within the North Atlantic Treaty Organisation with respect to threats which may appear in its near and more distant surroundings. The following military threats are discussed: military conflicts, militarization of the Arctic, demonstration of Russian military power, use of weapons of mass destruction, cyber attack, terrorism and militarisation of Space. Other mentioned dangers are: natural and social ones including migration, competition among state and non-state entities as well as the phenomenon of fallen cities and states.</i>

The enemy as the unthinkable: a concretist reading of Carl Schmitt’s conception of the political

ABSTRACTThis article offers an unconventional interpretation of Carl Schmitt’s conception of the political. It first identifies two alternative readings – an ‘exceptionalist’ and a ‘concretist’ one – to make the claim that in the late 1920s he laid the foundations for a theory of politics that overcame the flaws of his theory of exception. It then explains why the concretist reading provides an insightful key to Schmitt’s take on the relationship between politics and law as a whole. Despite this, the chief aim of this analysis is not interpretive. Rather, the article claims that such a paradigm change was related to Schmitt’s pondering on the elements that were menacing to draw the experience of modern statehood to an end even more seriously than any upheavals and revolutions. For he came to the conclusion that the mere claim to political self-sufficiency on the part on non-state social entities was able to defy the idea of the state as the political entity par excellence. While these reflections urged Schmitt to reformulate many features of his conception of the political, the article contends that this particular juncture in his production sheds light on a crucial feature of contemporary politics.

Hibridno ratovanje i asimetrične bezbednosne pretnje

Globalization with all its positive and negative effects, current events on the international scene, practice of international relations development, outbreak and management of conflicts around the globe, emergence of nonlinear and asymmetric forms of security threats, point to the existence and change of the developed forms of conflicts between states and non-state entities. On the one hand, we are witnesses that state and non-state entities in pursuing their interests are not guided by classical forms of conflict or warfare. At the same time, the effects of equipment and forces engagement lead to evident changes both in the sphere of real geopolitics in the field, as well as in the part of the divergence of the spheres of influence and gaining effects of strategic advantage and the positioning of influential global, and also regional powers. Therefore, the question arises: can the conduct of the conflict by unconventional means be a priori called asymmetric warfare, does it actually exist and what is the correlation of hybrid warfare with asymmetric security threats. This paper tends to summarize conceptual conditionality, diversity, as well as the harmonization of the two mentioned phenomena, in a concise form, by analyzing a broad theoretical base of scientific literature, normative acts and analytical documents, based on the analysis of generic conditions for the existence of asymmetric threats and hybrid warfare.

UŻYWANIE DRONÓW W CELU ZWALCZANIA TERRORYZMU ŚWIETLE ‘IUS AD BELLUM’

The Use of Drones in Combating International Terrorism from the Perspective of ‘ius ad bellum’Summary The increasing practice of using armed unmanned aerial vehicles (military UAVs, commonly known as drones) by some countries to eliminate suspected terrorists raises a number of controversies from the perspective of international law. These controversies are also related to the specific features of military UAVs, which make it possible to kill targeted individuals without risk to the military personnel of the country concerned, and thereby may encourage the abusive interpretation of the applicable legal regulations. This article discusses these issues from the perspective of ius ad bellum, in particular the right to self-defence. It shows the main controversial points on the scope of invoking the right to self-defence in such cases, in particular the possibility of invoking the right to self-defence in response to an attack by a non-state entity, the question of pre-emptive self-defence, the importance of the severity of the force used as a condition allowing for the use of force in self-defence, and the relevance of the principles of proportionality and necessity. The article also presents an outline of the vast and highly controversial issues associated with the definition of terrorism from the point of view of international law.

Leveraging corporate influence

Movement scholars have become increasingly interested in the way in which social movement actors target non-state entities, particularly corporations. The reason for this is quite simple: globalization, neoliberal policies adopted by the state, and new legal protections via court rulings have allowed businesses to exert considerable influence across all facets of society. In light of these changes, movements have found targeting the state less effective than directly pressuring business interests. Scholarship suggests that one of the most effective ways to ensure that corporations attend to movement concerns is through market pressures. While negatively impacting stock returns is perhaps the most effective means of achieving such pressure, there is surprisingly little empirical research linking stock price outcomes to movement success. Here, we use Qualitative Comparative Analysis and examine 35 labor strikes to determine if the ability of the union to negatively impact stock price affected their ability to win new gains for members (or, to prevent concessions). Our findings reveal that it is the characteristics of the targeted firm, not the actions of the unions themselves, that is most closely associated with success.

Revisiting the Right of Self-Defence against Non-State Armed Entities

AbstractThis article explores and appraises international legal developments regarding the right to self-defence against vicarious aggression — that is, armed attacks by non-state entities that are sponsored or hosted by a foreign state. Despite efforts to develop a normative framework and mechanisms of accountability to curb states’ use of non-state entities as proxies for armed activity, some states continue to view these entities as valuable tools for the realization of their foreign policy goals. Consequently, international practice shows general recognition of a right of self-defence against non-state armed entities. There is also an emerging body of authoritative opinion, backed by an evolving state practice, that supports the extension of the application of this right against a non-state entity’s host or sponsoring state, provided some conditions are met.

Restoration dialogues: improving the governance of ecological restoration

Ecological restoration activities should be conceptualized as a form of governance, as this lens best captures the multiactor, collaborative processes by which societies through governments and nonstate entities seek to achieve environmental outcomes. Successful restoration governance depends on addressing a cluster of challenges concerning optimal spatiotemporal scales, biological feasibility, sociocultural acceptability, financial viability, and institutional tractability. Changes to private law, company law, and taxation are some of the governance reforms available to tackle these challenges.

Commanders of the 21st Century: Different Skills of Today Commanders

Dear Editor, Military leadership is a combination of science and art. Armed forces systematically develop commanders and warriors for progressively more stressful positions. Senior commanders are responsible for thousands of humans, manage large budgets, and make decisions that in times of armed conflicts have dramatic impact on both the warriors who serve under their command and the strategic goals of their nation (1, 2). Military leadership is historically hierarchical naturally and, compared to other fields (industry, education, etc.) very authoritarian. Traditionally, this central authority operating in this heavily hierarchical organization tends to guarantee fast and perfect transmission of orders and other communications. Armed forces traditionally exert military force in the form of various weapons on a target and destroy it. But in this setting a commander needs to know how to exert force and maintain focus on a well-defined goal (defeating an enemy target). Therefore, characteristics of the competent 20 century (and before) commander include technical capability, decisiveness and strong goal-directed behavior (2, 3). Wonderful progresses in information and communication technologies with changes in the nature of warfare expanded the skills that are essential for commanders competence. Although armed forces maintain their traditional and hierarchical structure, this structure is not essential for perfect and fast communication within and between units now. By one mouse click, the 1st person of the armed forces can communicate with everyone in the service (2, 4). More interesting, modern armed conflicts differ from the past wars. War traditionally occurs between the nations. There were well defined military and nonmilitary targets. Commander knew exactly what his mission was in the war and the operations essential to terminate that mission. Modern armed conflicts are naturally different. Iraq and Syria Islamic state (ISIS) is the best example. It has not a country state, has a universal and expanded force structure and can only be successful by asymmetric tactics (inflicting military and political damage, without facing them in direct military action that would lead to their defeat). Under such circumstances, commanders must know the enemy, the social geography of the fighting area, technics of effective negotiation with local leaders, how to use social media to take local support for their operations, and many other skills and capabilities (2, 5). The global military strategy is shifting from preparing only to fight and win traditional wars to focusing on preventing (shaping) and discouraging (deterring) armed conflict broadly defined to include war between nations and irregular war, exemplified by ISIS and related threats of non-state entities intent on achieving their political goals through violence. It may be odd, but destroying a factory or an enemy base is a more definable and probably easier objective than working proactively through military, diplomatic and economic strategies to prevent war in the first place (2, 6). Future commanders must have a skill set that is much more expanded compared to their predecessors. Here is summarized some key commander attributes and skills that should guarantee the competence of the future commanders. Commanders should be technically proficient, understand the theory and practice of war, and understand how to lead and inspire those they command to achieve the mission (2, 7). A, Develop an egalitarian instead of an authoritarian style and philosophy. Competent armed forces require smart and well educated warriors. Simply ordering people to do things because I said so may work in the short run, but in the long run this approach will fail. This is also true since commanders, from sergeants to generals, will interact with civilians, non-government agencies, and a host of other formal and informal groups to achieve their objectives. Egalitarian commanders genuinely see all people

Rebel Diplomacy in Civil War

Abstract In the midst of civil war, rebel groups often expend significant resources opening offices in foreign capitals, meeting with heads of state, expanding their overseas networks, appealing to international organizations, and contacting foreign media. Existing scholarship has generally neglected international diplomacy as an aspect of violent rebellion, focusing instead on rebel efforts at domestic organization. A systematic documentation of rebel diplomacy in post–1950 civil wars using new quantitative and qualitative data shows that rebel diplomacy is commonplace and that many groups demonstrate as much concern for overseas political campaigns as they do for domestic and local mobilization. Diplomacy, furthermore, is not a weapon of the militarily weak, but a tactical choice for rebel groups seeking political capital within an international system that places formidable barriers to entry on nonstate entities. An original analysis of the diplomacy of the National Union for the Total Independence of Angola in the Angolan civil war using archival sources further demonstrates why rebels may become active diplomats in one phase of a conflict but eschew diplomacy in another. More broadly, the international relations of rebel groups promise to be an important new research agenda in understanding violent politics.