Participation Of Non-state Actors Research Articles

Free Milieus, Creative People: An Investigation of Creative City Policy in Istanbul from the Perspective of Governmentality

This paper analyzes the creative city policy for Istanbul, which has recently become a popular throughout the world. Cities are expected to be creative milieus that foster free circulation of people, ideas, and interactions for economic growth, global competitiveness, and social development. Drawing on Foucault and governmentality studies, this paper first argues that the creative city policy is a neoliberal political rationality that seeks to stimulate individuals' creative capacities through structuring urban space. Neoliberalism includes the de-governmentalization of state and the active participation of non-state actors in the governing processes. Second, using examples from street gentrification, industrial heritage re-functioning, and co-working spaces in Istanbul, this paper dissects how creativity, freedom, and economic growth intersect in urban space and how a broad coalition of political parties, state agencies, local authorities, non-governmental organizations, small-scale cultural entrepreneurs, and creative professionals have been formed around the creative city. As a result, creative city policy is a form of governmentality that includes official documents as well as spatial strategies of a heterogeneous coalition of state and non-state actors.

The tombs of wind (Những ngôi mộ giό)

This article details the remarkable involvement of the Vietnamese population in finding and naming half a million Vietnamese missing-in-action (MIAs). The secrecy that characterised Vietnam’s military operations during wartime, and the overlapping claims and therefore control of the MIAs by the army and civil administrations in the aftermath of the wars, are the reasons behind unsolvable quagmires in Vietnam’s current war-accounting effort. The myriad of state actors involved who often work at cross purposes raises the public’s awareness of the incompetence of the state and calls for the participation of non-state actors. The latest potential avenue to solve the MIA problem, DNA forensics, is facing all kinds of challenges, such as the quality of the bone samples and the scale of the effort. War accounting has therefore become an open arena of public engagement and popular dissent, while significantly transforming the cult of the dead in Vietnam.

Civil Society Participation in Global Food Security Governance: Deconstructing the Discourse of Evidence-based Policy Making

Food security has been described as a very tough problem, suggesting that there is no single or simple solution to the problem of food insecurity. Meanwhile, there is a growing body of academic literature on food security that proposes solutions. Global governance is marked by a participatory turn, meaning that there are increasing numbers of global governance processes working to develop processes and mechanisms to enhance the participation of non-state actors in governance and policy making processes. Given this trend, it is not surprising that participation in governance processes has become an interesting site of investigation for research. The result has been the development of a growing body of literature analysing diverse aspects of increased participation, which calls for evidence-based policy making are increasing evidence in global food security policy processes, and beyond. For example, the follow up and review process for the Sustainable Development Goals (SDGs) aim to be “rigorous and based on evidence, informed by country-led evaluations and data which is high-quality, accessible, timely, reliable and disaggregated” (UN General Assembly, 2015, paragraph. 74). Evidence-based policy has become pervasive as a universal recipe for transparency, accountability, and good governance. However, its declamatory pervasiveness within public policy buries conglomerate discourses, signification, and practices around what counts as evidence, how and by whom it is utilised, and what impact it has on scholars, researchers, and policy officers. This research furnishes an overview of comprehensive reviews of literature and analyzes special issues of global food security, and policy frameworks. The conquest of evidence-based policy as a discourse, highlighting its close relationship with food security policies, the political, cultural context of its initial emergence in the global world, and its discourses. Evidence-based policy is customarily articulated as a means of speaking truth to power, separating facts from their human contexts. Global discourses on the governance of food security span competing approaches. For example, a neoliberal approach advocates commercialized, industrial agriculture, while food sovereignty and resilience are part of an alternative discourse to food security that prioritizes locally-based agroecological food production. Understanding how global discourses play out locally and how they impact the environment and biodiversity is important to identify appropriate pathways towards sustainability. In addition to their effects on food security, different approaches could reinforce or impede the success of biodiversity conservation because of the strong interdependence of food security and ecosystems. I examined alternative approaches to food security and biodiversity conservation pursued by 30 stakeholders from local to national levels. Agricultural intensification, commercialization, and profit were widely considered important, while support for agroecology and resilience was largely restricted to non-governmental organizations. Except for supporters of the agroecology and resilience approach, biodiversity conservation was considered as a secondary goal. In conclusion, it is important to acknowledge plurality of food security approaches because local conditions are characterized by a multiplicity of stakeholder interests, and because food security is a complex problem that requires a multidimensional approach. However, major contradictions among existing approaches need to be reconciled, and the agroecology and resilience approach should be strengthened to ensure the sustainable achievement of food security and biodiversity conservation.

The growing participation of international organizations and non-state actors in international litigation: An empirical map of the International Court of Justice

The growing participation of international organizations and non-state actors in international litigation: An empirical map of the International Court of Justice

Policy networks and competing interests in the development of the Mexican sugar-sweetened beverages tax

IntroductionSugar taxes threaten the business models and profits of the food and beverage industry (F&BI), which has sought to avert, delay or influence the content of health taxes globally. Mexico...

Opening the World Court to the International Community: an Empirical Analysis of Non-party Participation in the International Court of Justice

Abstract Over the last decades, the participation of State and non-State actors (NSAs) in the process of international law-making has become one of the basic features of international law. As multifunctional actors, the role of international courts and tribunals (ICTs) encompasses the protection and development of the international community. Together with ICTs’ role in the promotion, recognition and application of community interest norms, the growing participation of State and NSAs in international dispute settlement mechanisms also plays an increasingly important role in ensuring and facilitating compliance and enforcement of community interest norms. Whereas the non-party participation of State and NSAs has only very exceptionally been recognized, their influence in international dispute settlement cannot be ignored. By applying empirical research methodology for mapping the practice of the International Court of Justice (ICJ) concerning the participation of State and NSAs under the ICJ Statute and Rules of Court, this paper addresses the existing mechanisms of non-party participation in both contentious cases and advisory proceedings. There is no doubt that ICJ procedural law remains outdated and disconnected from the contemporary developments characterizing the international community nowadays. Broadening the possibilities for participation by State and NSAs would imply the recognition of the plurilateral nature of international disputes. In this context, the paper also discusses the challenges and possible alternatives for expanding participation via teleological interpretation of the ICJ Statute and potential amendments to the Rules of Court and Practice Directions.

Developing the legal basis for non-state actors in China's ocean governance

Non-state actors are important participants in ocean governance. In China, with the transformation of government management functions and the goal of establishing a ‘co-construction, co-governance and sharing’ social governance system, more attention is being paid to the role of non-state actors in ocean governance. Non-state actors in ocean governance require legal basis for their different roles of participation in different governance areas. At present, legal basis has been provided to allow non-state actors to supervise the government’s activities, cooperate with government to improve the ocean service supply ability, assist the government in its policy and decision-making, realise social self-governance, and enrich ocean governance resources. In the future, by providing detailed rules on procedural requirements of public participation, implementation of incentive measures and internationalization of non-state actors’ participation, perfecting the underlying legal system of social organisations, and exploring a wider and deeper participation of non-state actors in ocean governance from the legal side, improved legal regime can be shaped to contribute to the enhanced participation of non-state actors in ocean governance.

Deficiencies of the Nationally Determined Contributions: Risk of Exacerbating Climate Change

This paper examines the effectiveness of NDCs in the Paris Agreement for alleviating climate change and inequality. Incorporating evidence from reviews and journals, this study argues that NDCs effectively solve part of the pre-existing inequality, yet the deficiencies of this mechanism have to be improved to achieve the maximization of its function. More specifically, by evaluating the changes brought by NDCs including independent emission reduction, the improved role of developed country parties, and the re-positioned role of developing country parties, the innovations of NDCs mechanism to successfully solve the pre-existing problems in the Kyoto Protocol are clearly recognized and demonstrated. Yet by analyzing the existing deficiencies of NDCs including weak legal binding causing overall low ambition, potential vicious cycle formed, insufficient compliance motivation, and the problem of free riders causing the tragedy of Race to the Bottom, NDCs are shown to be insufficient to effectively address climate change and respond to inequality. Finally, it is worth considering strengthening the participation of non-state actors and enhancing the link between climate change and trade as possible methods to improve the deficiencies of NDCs, and other possible ways of improvement are put forward.

From Practices to Praxis: ASEAN's Transnational Climate Governance Networks as Communities of Practice

In the Association of Southeast Asian Nations (ASEAN), member states recognise the need for multi-sectoral and multi-stakeholder engagement on climate change, but the participation of non-state actors in regional processes remains limited. This research focuses on the case study of three transnational governance networks on climate change in ASEAN and their efforts to participate in regional governance mechanisms. Data from semi-structured interviews of network members and texts of relevant documents are analysed from the perspectives of the communities of practice theory and participatory governance. This study finds that transnational networks in ASEAN provide non-state actors with opportunities to participate in regional governance of climate change by engaging in shared practices. However, the question on whether their practices can be considered as meaningful participation needs to be addressed. Hence, analysing transnational networks as communities of practice can help explain how practices bring about continuity and change in ASEAN's governance of climate change.

Actores sociales y gestión de la economía circular en el estado de Chihuahua, México

The article analyzes the participation of social actors in the management of the circular economy of urban solid waste in the state of Chihuahua, Mexico. The methodologyconsistedof semi-structured interviews, virtual interactive workshops(with the implementation ofelectronic surveys), surveysof municipalgovernments representatives,and personal communications. The resultsshow thatsocial actors barely glimpse the economic, social,and environmental meaning of betting on the circular economy. The article contributesto the analysis of the circular economy paradigm asa current sustainability tool.It is concludedthat little has been studied about the circular economy in Mexico and that the participation of non-state actors has not been valued and used efficiently. The articlereflects onwhat should and can be done with solid waste in Mexico in the future.

AMPLIANDO O ACESSO À CORTE MUNDIAL POR ATORES ESTATAIS E NÃO ESTATAIS EM CASOS CONTENCIOSOS: REALIDADE OU UTOPIA?

Abstract Over the last decades, the participation of State and non-State actors in law-making has become one of the basic features of international law. Considering the International Court of Justice (ICJ) as a focus, this analysis will discuss the potential and limits of Non-State Actors (NSA)’s participation, as ‘friends of the Court,’ in contentious proceedings. The ICJ Statute and Rules of Court contain no provision on amicus curiae participation in contentious cases. The lack of an express mention does not indicate, however, that this practice would be proscribed by the Court. This research applies an empirical methodology for mapping the ICJ’s practices concerning forms of submitting relevant information to the Court in contentious proceedings. Broadening the possibilities for participation would imply the recognition of the plurilateral nature of international disputes, notably when global public goods are at stake. If the goal is to ‘introduce public interest considerations’, then the ‘friends of the Court’ could also contribute to upholding rules aimed at protecting the international community’s fundamental values and, ultimately, strengthening the democratic legitimation of judicial decisions.

The Principle of Multi-Level Governance as an Instrument of Democratization of Decision-Making in the European Union

The principle of multi-level governance significantly affects the quality of decisionmaking in the European Union. By distributing authority across governance levels, and increasing participation of governmental actors and non-state actors (entrepreneurs, citizens, non-governmental organizations) in EU decision-making, MLG contributes to the democratic legitimacy of decisions made by the EU. Importantly, the principle of multi-level governance has evolved gradually. On the one hand, it was promoted by the EU legislation, and on the other, embraced and supported by lobby groups representing various interests at the EU level.

Policy Brief on Inclusion of Water, Sanitation and Hygiene in Zambia`s Nationally Determined Contributions

The Paris Agreement aims to reduce Greenhouse Gas (GHG) emissions, thus contributing to sustainable development goals through building climate-resilient communities and industries. Water is the primary medium through which climate change influences the earth’s ecosystem and thus the livelihood and well-being of societies. Extreme weather conditions impact many sectors such as health, tourism, agriculture, and industry where water plays a key role. The climate effect is first and foremost through water systems as highlighted by the World Economic Forum (2016) Global Risks Report. Hence the Water, Sanitation, and Hygiene (WASH) sector plays a pivotal role in addressing climate change. 
 In the last decade, Zambia has experienced the impacts of climate change in the form of extreme weather conditions and rising temperatures. In light of this, the Zambian government developed NDCs in accordance with the Paris agreement that aims to reduce Greenhouse Gas (GHG) emissions and develop sustainable climate-resilient communities and industries. The impacts of climate change are felt through its influence on water. WASH is not only affected by climate change, but also a contributing factor to GHG emissions. Therefore, the WASH sector should play a pivotal role in contributing to the climate change targets. 
 There are gaps among state and non-state actors and with affected communities in acknowledging the critical role of WASH in making real the NDC that need bridging. These include awareness and knowledge of WASH in contributing to NDC; the need to go beyond water to include sanitation and hygiene elements in the NDCs as holistic approach; inclusive participation of civil society and other non-state actors in addressing the gaps; integration of sectors and programmes in the NDCs; and enhanced governance and accountability mechanisms.

Increasing Participation of Non-State Actors in ASEAN: Problems and Options

This article aims to assess ASEAN's commitment to enhancing the role of non-state actors that has emerged since the late 1990s. There is a tendency that grassroots social movement activists do not seem to have an official forum in ASEAN. Although some non-state actors have gained access to ASEAN, this privilege is largely granted to business interest groups and elite think-tanks. This research applied qualitative method by using the concept of historical institutionalization, this paper seeks to explain the characteristics of an institution using events that occurred in the past during the process of creating and consolidating institutions. The concept is also responsive to explaining ---and, in some cases, even prescribing--- changes. The study found that the increased participation of non-state actors will increase ASEAN's legitimacy in carrying out its growing role in the region. This article contributes to offer some options that ASEAN must cultivate to improve participation of non-state actors. Keywords: ASEAN, historical institutionalism, non-state actors, participatory regionalism

Judicial Reasoning and Non-State Participation before Inter-State Courts and Tribunals

Abstract The present article explores the premise that the participation of non-State actors may in some instances be necessary to the conduct of contentious or advisory proceedings before inter-State courts and tribunals. It first considers whether such necessity may be directly asserted as a legal requirement, in the absence of lex specialis treaty mechanisms or party consent. The article thus considers the potential to apply general principles of law, customary international law, and doctrinal concepts to this question. Unsatisfied with reliance on the stated legal considerations of international courts and tribunals, however, it turns to assess the root causes of such necessity, beneath pronouncements of legal sources and doctrine. The authors identify these as practicality – which speaks to what a court or tribunal must do to fulfil its mandate today – and legitimacy, which speaks to what it should do to ensure that its mandate is respected tomorrow.

Toward an Intergovernmental Transparency Arrangement for Fossil Fuel Production

To achieve the Paris Agreement’s temperature goals, a managed decline of fossil fuel production is necessary. Heeding this message, there are growing calls for an international governance framework to facilitate cooperation on winding down fossil fuel production. Promoting transparency is of major importance for international cooperation on winding down fossil fuel production effectively and equitably. Specifically, to align fossil fuel production with climate change goals, a better understanding of global trends in current and planned production is required. However, at present such information is incomplete, inconsistent, and scattered across a range of transparency initiatives, and much of this information is reported or collected largely on a voluntary basis. This article therefore explores how an intergovernmental transparency arrangement could be designed, drawing on examples of intergovernmental transparency arrangements in various areas of international law and governance. The article concludes that an intergovernmental transparency arrangement for fossil fuel production should: (1) allow for differentiation, but subject to minimum requirements; (2) provide capacity-building support for developing countries; (3) combine technical and peer review; (4) ensure that follow-up activities are linked to the outcome of the review process; and (5) provide for non-state actor participation.

Transregionalization in the Context of Globalization

Transregionalization has already become a powerful trend in world politics. States and regional associations employ transregional initiatives to realize their own and collective interests. This new level of international interaction embraces a wide range of actors and fosters interconnectedness based on geographical proximity but shared functional preferences. Given the opposition between isolationism and disintegration, there is a problem of the relation between transregionalization and globalization. If the processes are unidirectional, then transregionalization is a stage of globalization. If they contradict each other, transregionalization facilitates the creation of new dividing lines.Considering several cases of megaprojects, especially in the Asia-Pacific, the article substantiates the typology of transregionalization, emphasizing its cooperative (inclusive and aimed at global integration) and competitive form (mostly exclusive and impossible to converge with other projects). The author stresses that strengthening functional ties makes transregionalization an adaptive version of globalization driven by common interests and shared views of future global development paths. Intensification of transregional relations is likely to stimulate globalization and integration practices and the participation of state and nonstate actors in global governance.In today’s world politics, transregionalization exists mainly in the form of projects and initiatives. This signifies both difficulties in reaching consensus on further cooperation and conservative states’ policy towards participating in such large-scale associations. However, the very emergence of transregional associations with varying degrees of convergence and institutionalization, promoting specific institutional and economic development and cooperation patterns, strengthens multipolarity of the international system.

Polsko-amerykańska współpraca miast

The article analyzes contemporary cooperation of Polish and American cities. Thus, it contributes to the research on the participation of non-state actors in the international relations. Currently, only 10 Polish cities conduct active cooperation with partners from the USA. These relationships focus on cooperation on issues such as culture, art, science and business. In most cases, these contacts were initiated by the Polish side, and they were based primarily on direct interpersonal contacts. Most partnership agreements were signed in the 1990s and resulted from the collapse of the Soviet block and deep political changes in Poland. Currently, the main obstacles to the intensification of these local governments transatlantic relations is a weak American involvement, geographic distance and a lack of state support.

A Path Toward Sustainable Development Along the Belt and Road

ABSTRACT The article scrutinizes the purported synergies between the Belt and Road Initiative (BRI) and the United Nations (UN) 2030 Agenda for Sustainable Development by evaluating the transnational legal order regulating environmental and social impacts of BRI economic activities. From the perspective of international law and sustainable development, three problematic features are identified. First, the bilateral character of agreements between China and BRI-participating States produces fragmented and variable sustainability standards. Second, the informality of State-to-State arrangements often hinder parliamentary and public deliberation in host States. Lastly, BRI decision-making processes restrict non-State actor participation and thereby disregard the very communities harmed by infrastructure projects. To clear its path to sustainability and bring it closer to the UN agenda, BRI’s legal and regulatory framework must become multilateral, transparent, and inclusive. The proposal entails bringing to fore the relevant background international legal norms, especially on environmental, labor, and human rights protection, and consolidating them in a framework agreement that sets minimum sustainability safeguards for transboundary economic activities like foreign-funded infrastructure projects. Reforms are imperative because the subject matter of the Initiative requires international cooperation and involves not only the economic, environmental, and social concerns of two States but also implicates the goals and interests of the international community.

Inclusion in Global Environmental Governance: Sustained Access, Engagement and Influence in Decisive Spaces

With increased participation of non-state actors in global governance, the inclusion of vulnerable groups in making sustainability regulations remains a relevant challenge requiring more research. Based on an ethnographic study on creating the Nagoya Protocol on Access and Benefit-Sharing of biological resources and knowledge, we advance a new multi-dimensional view of inclusion that integrates sustained access, involvement, and influence in the intergovernmental negotiation meetings. We elaborate the concept of decisive spaces, that is, less accessible settings where diverse actors interact in a deliberative way to co-produce recommendations and solutions to an issue that highly influence the regulatory and governance decisions. We argue that the inclusion of vulnerable actors depends on their continuous access to and involvement in these decisive spaces for creating and implementing transnational regulations. Our findings advance the understanding of inclusion for addressing challenges facing transnational governance of environmental, equity, and social justice issues.