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Discussion about, and analysis of, the question of definition and the third sector and civil society more generally has developed to a significant degree in recent years. This paper can be located in a new phase of recent research, which seeks to attend to the historical, cultural and politically contingent nature of this domain’s boundaries. The process of constituting the sector is discussed as the product of new discourses of decontestation and contention within third sector policy and practice. It takes England as a case study, drawing on evidence and argument assembled by the authors in recent and ongoing research efforts, variously conducted with the support of the Third Sector Research Centre (TSRC) and the European Commission. The paper proceeds by discussing relevant literature; describing recent patterns of policy institutionalisation; and then tries to draw out more analytically how this process of constitution has been associated not so much with a stable and consistent set of definitions and constructs, but rather with unstable and changing formulations, which reflect the playing out of a dual process of decontestation and contention.
Democracy and liberal democracy, in particular, are at a turning point and the European Union constitutes a fertile ground to study this phenomenon. Although there have been many studies on the crises of democracy, this article aims to make a contribution by concentrating on the nature of the dissensus over liberal democracy. While there is a broad academic consensus that dissensus is “the essence of politics” (Rancière, 2010), it has been rarely studied per se. This is precisely the ambition of this article: to understand the growing dissensus over liberal democracy, or put differently, the lack of consensus over liberal democracy. This article proposes an empirical definition of dissensus supported by a typology of ideal types. The article is organised as follows: Section 2 depicts the phenomenon under consideration and questions whether dissensus can be studied through the lenses of well-established concepts in political science, namely opposition and contestation. Section 3 proposes an empirical definition of dissensus as well as a typology, both coined to enable researchers to understand how the nature of the conflict over liberal democracy and the heterogeneity of actors’ goals can lead to four types of dissensus: mild, constructive, disruptive and destructive. These four ideal-types are then explained and illustrated by concrete examples in references to the principles of liberal democracy and its practice.
This article intervenes in the debates on reforming EU democracy support by offering a “radical reformist” approach. It departs from the observation that literature lacks a sustained theorization of reform which more effectively considers contestation as the very condition of democracy. As such, in contrast to withdrawing democracy from its contested nature, this article presents a theoretical argument, as informed by Chantal Mouffe's take on radical democracy, through which the EU more democratically can engage with and support the plurality of different contestations of democracy. In particular, a closer engagement with the radical democratic embrace of the political will allow for better reflection on how EU democracy support already is or can become democratic, empowering and receptive to the way democracy is understood locally.
Deliberative democracy theorists have long dismissed direct democratic mechanisms, suspecting them of fundamentally contradicting the deliberative ideal. One reason for this dismissal is that, as aggregative devices, all direct democratic institutions would implement a purely procedural view of democracy deemed undesirable. In this article, I contest this objection to all direct democratic procedures by showing that one of them, namely, the facultative referendum, corresponds to Joshua Cohen’s definition of substantive democracy. Moreover, because it introduces uncertainty in the democratic system and replaces hypothetical with actual acceptance of reasons, the facultative referendum gives political actors strong incentives to think in terms of acceptable justifications and can screen outcomes that fit the three principles of Cohen’s deliberative ideal. These findings should encourage deliberative democracy theorists to further develop tools to inform the design and assessment of the growing number of popular votes around the world and ultimately enhance their democratic quality.
Dans la foulée des différentes vagues de mobilisation et de contestation des années 2010, les théories de la démocratie radicale ont permis de réfléchir à nouveaux frais au rapport des mouvements sociaux à la démocratie en les associant à un idéal d’insurrection populaire. Or, il découle de cette association une conception particulière de la conflictualité politique qui est susceptible de renoncer aux promesses pratiques et normatives de la démocratie. S’agissant de dépasser cette conception de la conflictualité politique et de réaffirmer la spécificité de l’apport démocratique des mouvements sociaux, cet article entend étayer l’hypothèse d’une institution insurgeante de la démocratie en soutenant que les mouvements sociaux contribuent par leurs pratiques contestataires à produire et à transformer l’ordre démocratique.
Norm contestation has become a defining characteristic of our time and a major interest in International Relations (IR) scholarship. However, researchers often view contestation as a repudiation of norm socialization and thus overlook the ways in which contestation occurs within socialization. This article advances an interpretive account based on performativity to capture the role of cultural translation and appropriation as practices of contestation within processes of norm socialization. It makes three key interventions. First, it redefines norm socialization as a process of cultural translation rather than straightforward transition. Second, it investigates various strategies through which actors appropriate norms by disjointing a norm’s normative appeal from its normalizing power – its prevalent interpretation. Third, it underscores how such contestations destabilize the relationships of authority and hierarchy in normative engagements. To illustrate the analytical purchase of this framework, the paper analyses the Egyptian Muslim Brotherhood’s discourses of ‘Islamic democracy’ and the ‘Islamic civil state’ as examples of their performative socialization into the norm of democracy. The paper concludes by reflecting on the democratic promise as well as the precariousness of performative socialization in world politics.
Many global norms are currently facing substantial contestation by various actors. While contestation is a regular practice in norm dynamics, it can potentially result in the destabilisation of norms. At the same time, international city networks (ICNs) are increasingly positioning themselves in global governance. While research in International Relations has not analysed how ICNs respond to norm contestation and whether they stabilise existing norms and normative orders, this article demonstrates that ICNs are relevant actors in norm dynamics by focusing on their activities. To examine how ICNs stabilise norms, we employ a theoretical framework based on existing approaches in norm research, which assumes that norms must be as robust, resilient and legitimate as possible to maintain their functions in facilitating individual orientation and collective order. Empirically, we analyse the stabilising activities of three ICNs – Mayors for Peace, Rainbow Cities Network and Fast-Track Cities Initiative – as contributions to preventing norm decay in security, human rights and health. We show that these ICNs stabilise norms by supporting them in discourse and practice, by connecting norms in clusters, and by including affected stakeholders. In sum, we present ICNs as relevant actors in global governance due to their stabilising activities and networked capacities.
This chapter focuses on change of an international order and its sense of legitimacy—in other words, change of the system of an international order and of its legitimacy. Concentrating on the change of an international order and of its legitimacy consists of exploring a type of change that is so transformative that it brings about a change in both how an international order is organized and institutionalized and functions, and how this is justified by the culture of legitimacy that is part of it. As a way to analyze this issue, this chapter addresses three questions: What can be the reasons triggering a change of international order/system and the sense of legitimacy that comes with it? What are the modalities and processes indicating that an international system and its legitimacy are changing? What has shifted—that is, changed—when a new international order and its culture of legitimacy have emerged?
The book has shown that, like any other concept, fiṭra has a complex history. And like any concept with a lively history, fiṭra needs to be interpreted. The philosophers’ ethics and politics, and particularly their commitment to intellectual, social, and political hierarchies, do not map onto our ethics or politics. However, that does not mean that their engagement with fiṭra is not crucial in the current moment. Working through fiṭra among the philosophers creates tensions – among them, and between them and other Islamic interpreters such as the scriptural commentators. In these tensions the ethical work lies, opening space for both a more robust conception of Islamic intellectual history and more informed debates in the present. The possibilities of what it means to be human in Islamic thought are so much more diverse and contextual and signal that if one of our most foundational concepts, human nature, is under contestation, then so is our moral life. In fact, this contestation is necessary, deeply human, and traditional.
This paper aims to analyze the impact of the Incidental Process activated during the UNESCO Memory of the World (MOW) 2022/23 nomination cycle and the Memory of the World Regional Committee for Asia and the Pacific (MOWCAP) 2021/22 nomination cycle. The Incidental Process is a mechanism that allows a Member State to contest nominations submitted by other Member States in the inscription process of the MOW Register. Japan became the first Member State to initiate the Incidental Process in 2022, contesting five nominations submitted by Korea and China. Japan’s initiative, seemingly part of its decade-long campaign, concentrated on identifying the elements in the nominated documents that would evoke the image of perpetrators and removing them from inscription. However, the MOW and MOWCAP responded in different ways to the contestation, which highlighted several contentious issues that were not effectively addressed by the General Guidelines. Furthermore, the disputes surrounding Japan’s contestation revealed the institutional weakness of the International Advisory Committee (IAC), the main operational body of the program. This paper, after examining the extraordinary situations that arose during the MOW and MOWCAP inscription process, attempts to identify the origin of the contentious issues and suggests the need to implement the provisions of the Incidental Process for the future operation of the MOW.
This chapter analyzes the role of exchanges as infrastructure providers in capital markets. While traditionally regarded as mere marketplaces – neutral spaces facilitating financial transactions – exchanges have evolved into powerful actors in their own right. Over time, exchanges have become complex organizations that enable the functioning of capital markets. While financial markets are used by investors to allocate financial assets, provide corporate financing, and facilitate economic growth, certain infrastructural arrangements must exist to enable these transactions: From market data, indices, financial products, trading platforms to clearing, exchanges shape the infrastructures that underpin global capital markets. This chapter explores the commonalities and differences among exchanges, investigating their common role in the provision of financial infrastructures but also emphasizing their embeddedness within institutional environments and hierarchical positioning within the global financial system. Moreover, it addresses emerging challenges and potential contestations, particularly with the rise of exchanges in emerging markets, amidst an increasingly fragmented global economy.
How much of a role can human dignity play in constitutional law? It can certainly serve as a foundation of some or all of the rights that a constitution comprises, and it may also figure in the specific content of some of these rights. It may do this explicitly or implicitly – implicitly (as in the US Constitution) when dignity’s role is brought out in legal argument rather than the explicit text. Most rights that protect freedom implicate dignity, but so also do social and economic rights in the constitutions that have them. More generally human dignity may serve as a constitutional value, guiding the interpretation of other provisions: it does this, for example, explicitly in the Constitution of South Africa. It may also underpin the constitutional protection of democracy and the franchise, the rule of law, structures of accountability, the importance of citizenship, and the overall orientation of the provisions of the constitution towards respect for the ordinary people of the country that it governs.
Freedom in a choice does not just requires the absence of interference by another, whether with a preferred option or with any option; it requires the absence of domination: the absence of vulnerability to a power of interference on the part of another. Law and only law can guard citizens equally against the domination of others by identifying a common set of basic liberties and by providing intuitively adequate resourcing and protection against others to enable people to exercise those choices. But the state that imposes law will itself dominate all or some of its citizens if it is not subjected to a system of intuitively adequate, democratic control over its imposition of law. Such a system should enable people to shape the framework of government, to impose operational checks, constitutional and contestatory, on officials in government, and to appoint or oversee the appointment of such authorities.
Under what conditions do South American states create regional institutions that consolidate or undermine the liberal international order (LIO)? To address this question, we compare two cases of contestation of the LIO through counter-institutionalization in the domains of migration and election monitoring, both of which are closely related to the LIO’s core political principles. We argue that the variation in the effects of counter-institutionalization—LIO-consolidating in the case of migration and LIO-undermining in the case of election monitoring—results from the interaction of two explanatory factors: the source of dissatisfaction with the LIO’s norms and institutions in a specific domain, and the preferences of the state that exercises regional leadership in support of counter-institutionalization. The article sheds light on the coexistence of liberal and illiberal tendencies in South America’s regionalism and contributes to the debate on the determinants and effects of contestations of the LIO in the Global South.
Collaborative climate governance has emerged as a promising approach to address the urgent need for decarbonization. Here, we summarize the book’s findings on the complex interplay between states and non-state actors in the pursuit of climate goals, using Sweden as a case study. Collaborative governance can effectively engage industry, cities, and other stakeholders in climate politics, yet it falls short in achieving transformative change. The success of collaborative climate governance is influenced by broader political, economic, and social context and calls for a critical examination of its applicability in diverse settings. Looking beyond Sweden, we identify three main research avenues. Firstly, we emphasize the need to engage with the challenge to institutionalize and sustain climate commitments. Secondly, we encourage scholars to explore democratic innovations to address contestation within collaborative governance. Finally, we call for a deeper exploration of how external shocks and crises serve as catalysts or barriers to decarbonization.
This article identifies a sub-category of norm contestation I've termed ‘norm weaving’, where actors contest the constitution of norm clusters, instead of the validity of individual norms. This occurs through processes of stretching or reproducing individual strands of existing norm clusters before weaving them together to create behaviour guides in undergoverned issue areas that are greater than the sum of their individual parts. I identify two examples of weaving in the world-leading actions of Fiji and Vanuatu around domestic climate mobilities. Using these two cases, we can see that existing models of norm dynamics need to be developed to better explain and understand weaving-like processes of norm contestation. There are two areas where norm weaving extends our understanding – in how clusters of norms emerge and change, and in how contestation applies to groupings of norms. Clarifying what norm weaving looks like in these cases could open the door to further examples being identified in other contexts and a more complete understanding of how norms operate in global politics.
Chapter Five examines the role of international law in State Department policymaking. It describes the formal and informal decision-making processes within the State Department, focusing on the influential role of the Legal Adviser and the Legal Adviser’s Office. The chapter then examines closely the weight given by policymakers to legal advice and the nature of the interaction between policymakers and lawyers. Policymakers, at least at higher levels, generally have final decision-making authority, but the views of the Legal Adviser’s Office can be determinative in the relatively rare instances when the lawyers deem a course of action conclusively illegal. Otherwise, the lawyers’ advice is influential, but its weight may vary depending on the circumstances, including the nature of the national interest involved. Many former officials indicated that the development of policy was often a collaborative and constructive process. The lawyers were usually willing to work with policymakers, and they were often willing to find alternative courses of action within the law, though they would not usually budge on an interpretation of the law. Some former officials indicated that their relationship involved greater contestation, resembling a negotiation. When international law conflicted with significant policy interests, policymakers could sometimes seek to overcome those obstacles.
Over the past three decades norms research has become a subfield that matters beyond the boundaries of International Relations (IR). Like other such generative processes this subfield’s path is marked by debates over conceptual and methodological preferences. This book argues that irrespective of how we understand these divides, the critical question for today’s norms researchers is how have our understandings of norms developed over this period? To address this question this book brings together a range of junior, mid-career, and senior scholars, working at the leading edge of norm research, across a diversity of issues and subfields, and using different epistemological perspectives. Two lenses feature in this endeavour: the first considers the history of norm research as a series of three distinct and theoretical moves, and the second examines the potential of practices of interpretation and contestation (which we term the ‘interpretation-contestation framework’) as a way of bringing together a range of theoretical tools to understand norm change, evolution, and replacement. In short, this book focuses on the past trajectory of the field to argue that norm research continues to hold significant potential and promise for theorising within IR and studying current issues and problems.
Over the past two decades, we have seen a significant shift in the norms literature away from the idea that a norm reflects a fixed and universally accepted shared understanding to notions that any norm – even those which appear to be widely institutionalised in international organisations of global governance – remains subject to contestation and interpretation at multiple sites in world politics. In this chapter, we take up the challenge of studying these diverse types of norms and their meaning, use, and role in practice. We begin by returning to the three moves laid out in the introduction and use as a vignette the forced landing of Ryanair Flight 4978 in Belarus in May 2021 to explore how each of these three moves can explain these events. We then draw out three sets of conclusions from the book, focusing on the process of contestation. We end by noting that the distinct approaches to norm research developed over the past thirty years do speak to one another in meaningful and innovative ways. By focusing on contestation in a holistic way, we can not only understand norms in a unique way but also how they constitute the world.
In Chapter 2 I propose reconceptualising the ‘CoE system’ from one traditionally seen as a hierarchy of autonomous institutions towards an understanding of a matrix of mutually reinforcing judicial and non-judicial components for which Member States have collective responsibility. I argue that a whole-of-system approach is especially important when faced with systemic problems of such complexity. I then offer a high-level snapshot of current examples which exist in Eastern Europe (Transnistria and currently occupied parts of Ukraine), the South Caucasus (the Karabakh region/Nagorno-Karabakh, Abkhazia and South Ossetia), and the Eastern Mediterranean (Northern Cyprus).