The EU economic and social model in the global crisis: Interdisciplinary perspectives:Interdisciplinary perspectives

This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU 'economic constitution' and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions and (4) the EU's global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions. 

Equality, justice and feasibility: an ethical analysis of the WBGU’s budget approach

According to the Budget Approach proposed by the German Advisory Council on Global Change (WBGU), allocating CO2 emission rights to countries on an equal per-capita basis would provide an ethically justified response to global climate change. In this paper, we will highlight four normative issues which beset the WBGU’s Budget Approach: (1) the approach’s core principle of distributive justice, the principle of equality, and its associated policy of emissions egalitarianism are much more complex than it initially appears; (2) the “official” rationale for determining the size of the budget should be modified in order to avoid implausible normative assumptions about the imposition of permissible intergenerational risks; (3) the approach heavily relies on trade-offs between justice and feasibility which should be stated more explicitly; and (4) part of the approach’s ethical appeal depends on policy instruments which are “detachable” from the approach’s core principle of distributive justice.

Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice

The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offences into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This paper presents findings from a study of prison discipline in four UK prisons. The findings strongly suggest that in their current form, such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modelled after the adversarial system of the criminal court, the adjudications were instead universally derided as ‘kangaroo courts’, lacking in the basic elements of procedural justice. Based on these findings, we argue that restorative justice interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.

BOOK: Property Rights and Human Rights in a Global Context

Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law.

This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: the re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

Using Audio-visual Presentation to Teach Global Mindedness in Social Work Education

Direct experience of social work in another country is making an increasingly important contribution to internationalising the social work academic curriculum together with the cultural competency of students. However at present this opportunity is still restricted to a limited number of students. The aim of this paper is to describe and reflect on the production of an audio-visual presentation as representing the experience of three students who participated in an exchange with a social work programme in Pune, India. It describes and assesses the rationale, production and use of video to capture student learning from the Belfast/Pune exchange. We also describe the use of the video in a classroom setting with a year group of 53 students from a younger cohort. This exercise aimed to stimulate students’ curiosity about international dimensions of social work and add to their awareness of poverty, social justice, cultural competence and community social work as global issues. Written classroom feedback informs our discussion of the technical as well as the pedagogical benefits and challenges of this approach. We conclude that some benefit of audio-visual presentation in helping students connect with diverse cultural contexts, but that a complementary discussion challenging stereotyped viewpoints and unconscious professional imperialism is also crucial.

Justice, Truth and Oral History: Legislating the Past 'From Below' in Northern Ireland

Drawing on the ‘from below’ perspective which has emerged in transitional justice scholarship and practice
over the past two decades, this article critically examines the dealing with the past debate in Northern
Ireland. The paper begins by offering an outline of the from below perspective in the context of post-conflict
or post-authoritarian societies which are struggling to come to terms with past violence and human rights
abuses. Having provided some of the legal and political background to the most recent efforts to deal with
the past in Northern Ireland, it then critically examines the relevant past-related provisions of the Stormont
House Agreement, namely the institutions which are designed to facilitate ‘justice’, truth recovery and the
establishment of an Oral History Archive. Drawing from the political science and social movement
literature on lobbying and the ways in which interests groups may seek to influence policy, the paper then
explores the efforts of the authors and others to contribute to the broader public debate, including through
drafting and circulating a ‘Model Bill’ on dealing with the past (reproduced elsewhere in this issue) as a
counterweight to the legislation which is required from the British government to implement the Stormont
House Agreement. The authors argue that the combination of technical capacity, grass-roots
credibility and ‘international-savvy’ local solutions offers a framework for praxis from below in other
contexts where activists are struggling to extend ownership of transitional justice beyond political elites.
Keywords: transitional justice; from below; dealing with the past; legislation; truth
recovery; prosecutions; oral history

The economic consequences of Portuguese State’s movement towards business sector

Over the last 36 years, the relationship with the Portuguese state-owned enterprises registered several dynamics: nationalizations, privatizations and corporatization of public services. However, until now the State Business Sector from a national accounts perspective was never analyzed. Based on data collected and compiled for the first time at Statistics Portugal, this PhD thesis aims to test, analyzing in eight dimensions, whether the weight of the State Business Sector increased and if it contributed positively to the Portuguese economy, from 2006 to 2010. In addition to this analysis, an overview of the economic theory of state intervention in the economy, the paradigm changes of public policy in the international context, the evolution of the Portuguese State Business Sector since 1974, accompanied with a business and national accounting perspective between 2006 and 2010, are also presented. The results allow us to conclude that, in general, the weight of the State Business Sector in the Portuguese economy increased and had a tendency of a positive contribution to its economic growth. The State Business Sector also contributed positively to the nominal labour productivity (although with a decreasing trend of contribution to growth over the period under review) and the profitability of the non-financial corporations sector (although impairing the overall ratio of this sector). Nonetheless, the State Business Sector contributed negatively to the fairness in compensation of employees (although with an improvement trend) and to the competitiveness of labour cost, investment and sectorial sustainability of the Portuguese economy (reinforced by a falling trend). The results also suggest that the State Business Sector had an economic behaviour closer to a welfare maximizing model than to a profit maximizing model. This distinct performance with respect to the institutional sector in which is included, highlights the need to study and reassess the relationship of the state with public corporations, in light of agency theory using micro-data. Lastly, contributions to improve the economic performance of the State Business Sector and future prospects of evolution are presented.

Identifying and explaining framing strategies of low carbon lifestyle movement organisations

Over the last decade we have seen the growth and development of low carbon lifestyle movement organisations, which seek to encourage members of the public to reduce their personal energy use and carbon emissions. As a first step to assess the transformational potential of such organisations, this paper examines the ways in which they frame their activities. This reveals an important challenge they face: in addressing the broader public, do they promote ‘transformative’ behaviours or do they limit themselves to encouraging ‘easy changes’ to maintain their appeal? We find evidence that many organisations within this movement avoid ‘transformative’ frames. The main reasons for this are organisers’ perceptions that transformational frames lack resonance with broader audiences, as well as wider cultural contexts that caution against behavioural intervention. The analysis draws on interviews with key actors in the low carbon lifestyle movement and combines insights from the literatures on collective action framing and lifestyle movements.

“An Absurdly Quiet Spot”: The Spatial Justice of WW1 Fraternizations

Recent research on WW1 shows that incidents of fraternization across enemy lines took place regularly. However, fraternization remains a taboo in many contexts. The fact that the 2005 film Joyeux Noel by Christian Caron, which explicitly deals with the subject, encountered resistance from the authorities, is an indication of the kind of difficulty associated with the issue. I am drawing my inspiration from the way fraternizations are depicted in the film and in the literature in order to explore the concept of spatial justice. I define spatial justice as the question that emerges when a body desires to occupy the same space at the same time as another body. Defined like this, the question of spatial justice opens up in the dread of No Man’s Land and in particular the exchange of affects, objects and narratives that went on during fraternizations. I trace the movement of spatial justice as one of withdrawal from the asphyxiating atmosphere of the war and the propaganda machine. This withdrawal is not one of unpatriotic stance but of a courageous and difficult detachment from the supposed legality of the war that could only function on the basis of hate and demonization. While fraternizations did not end the war, they allowed for the possibility of spatial justice to emerge, as an opportunity to reorient the space and the bodies within.

Righteous sounds and reproductive justice : the influence of Ani DiFranco's music for reproductive rights activists

In this thesis, I explore how the folk-rock music of Ani DiFranco has influenced the activist commitments, sensibilities, and activities of reproductive rights activists. My interest in the relation of popular music to social movements is informed by the work of Simon Frith (1987, 1996a, 1996b), Rob Rosenthal (2001), and Ann Savage (2003). Frith argues that popular music is an important contributor to personal identity and the ways that listeners see the world. Savage (2003) writes that fans develop a unique relationship with feminist/political music, and Rosenthal (2001) argues that popular music can be an important factor in building social movements. I use these arguments to ask what the influence of Ani DiFranco's music has been for reproductive rights activists who are her fans. I conducted in-depth interviews with ten reproductive rights activists who are fans of Ani DiFranco's music. All ten are women in their twenties and thirties living in Ontario or New York. Each has been listening to DiFranco's music for between two and fifteen years, and has considered herself a reproductive rights activist for between eighteen months and twenty years. I examine these women's narratives of their relationships with Ani DiFranco's music and their activist experience through the interconnected lenses of identity, consciousness, and practice. Listening to Ani DiFranco's music affects the fluid ways these women understand their identities as women, as feminists, and in solidarity with others. I draw on Freire's (1970) understanding of conscientization to consider the role that Ani's music has played in heightening women's awareness about reproductive rights issues. The feeling of solidarity with other (both real and perceived) activist fans gives them more confidence that they can make a difference in overcoming social injustice. They believe that Ani's music encourages productive anger, which in turn fuels their passion to take action to make change. Women use Ani's music deliberately for energy and encouragement in their continued activism, and find that it continues to resonate with their evolving identities as women, feminists, and activists. My study builds on those of Rosenthal (2001) and Savage (2003) by focusing on one artist and activists in one social movement. The characteristics of Ani DiFranco, her fan base, and the reproductive rights movement allow new understanding of the ways that female fans who are members of a female-dominated feminist movement interact with the music of a popular independent female artist.

Canada/U.S. border crossing: facilitation and constraint

Abstract The aim of this research project is to draw on accounts of experiences ofborder crossing and regulation at the Canada/U.S. border at Niagara in order to illuminate the dynamics of differentiation and inequality at this site. The research is informed by claims that the world is turning into a global village due to transnational flows oftechnology, infonnation, capital and people. Much of the available literature on globalization shows that while the transfer of technology, information, and capital are enhanced, the transnational movement of people is both facilitated and constrained in complex and unequal ways. In this project, the workings of facilitation and constraint were explored through an analysis often interviews with people who had spent a substantial portion oftheir childhood (e.g. 5 years) in a Canadian border community. The interviewees were at the time ofthe research between the ages of 19 and 25. Because most ofthe respondents were 'white' Canadians of working to upper middle class status, my focus was to explore how 'whiteness' as privilege may translate into enhanced movement across borders and how 'white' people may internalize and enjoy this privilege but may often deny its reality. I was also interested in how inequality is perceived, understood, and legitimated by these relatively privileged people. My analysis ofthe ten accounts ofborder crossing and regulation suggests that differentially situated people experience border crossing differently. An important finding is that while relatively privileged border crossers perceived and often problernatized differential treatment based on external factors such as physical appearance, and especially race, most did not challenge such treatment but rather saw it as acceptable. These findings are located within newer literature that addresses the increasing securitization ofborders and migration in western societies.

Youth, Global Citizenship and Help: A Critical Rhetorical Analysis of Free The Children

Since 1995 Free The Children (FTC) has grown to be one of the largest and most recognized youth-focused and youth-led non-governmental organizations (NGOs) in Canada. FTC has distinguished itself by developing slick marketing campaigns, promising youth that they will become agents of change who can make a significant contribution towards eradicating poverty and promoting global social justice. The organization has utilized the Internet, creating an engaging and dynamic web page used to promote its development initiatives and celebrate the altruistic actions of its young participants. FTC uses a variety of strategies including text, video and images to persuade the viewer to engage with and elicit support for the organization. FTC attracts viewers by highlighting the successes of its overseas initiatives and the contributions made by young Northern volunteers in the global South. The organization also uses celebrity ambassadors, and cultural events such as We Day to raise its profile. Using a critical rhetorical analysis, this thesis interrogates FTC’s online promotional materials, exploring how the organization uses rhetorical strategies to persuade young people to take an interest in social justice activities. More specifically, an examination of FTC web-based promotional materials identifies and problematizes the organization’s rhetorical emphasis on youth empowerment, global citizenship and direct forms of helping the global South. This thesis argues that FTC does not direct adequate attention to fostering critical awareness among it participants. Further, the organization fails to provide its online participants with the appropriate tools or opportunities to critically engage with the structural issues related to global inequities. This thesis also examines how the organization uses rhetoric that promotes simplistic, feel-good projects that avoid exposing young people to an analysis of global social injustices.

L'influence du contexte conjoncturel sur la fonction intégrative de la cour de justice des communautés européennes dans le domaine de la libre circulation des marchandises

Le rôle intégratif que la Cour de justice des Communautés européennes (CJCE) a joué dans la construction européenne est bien connu et très documenté. Ce qui l'est moins ce sont les raisons qui l'ont motivé, et le motivent encore. Si certains se sont déjà penchés sur cette question, un aspect a néanmoins été complètement négligé, celui de l'influence qu'a pu avoir à cet égard le contexte conjoncturel sur la jurisprudence communautaire et plus précisément sur l'orientation que la Cour a choisi de lui donner. Dans ce cadre, les auditoires de la Cour ont un rôle déterminant. Pour s'assurer d'une bonne application de ses décisions, la Cour est en effet amenée à prendre en considération les attentes des États membres, des institutions européennes, de la communauté juridique (tribunaux nationaux, avocats généraux, doctrine et praticiens) et des ressortissants européens (citoyens et opérateurs économiques). Aussi, à la question du pourquoi la CJCE décide (ou non) d'intervenir, dans le domaine de la libre circulation des marchandises, en faveur de l'intégration économique européenne, j'avance l'hypothèse suivante: l'intervention de la Cour dépend d'une variable centrale : les auditoires, dont les attentes (et leur poids respectif) sont elles-mêmes déterminées par le contexte conjoncturel. L'objectif est de faire ressortir l'aspect plus idéologique de la prise de décision de la Cour, largement méconnu par la doctrine, et de démontrer que le caractère fluctuant de la jurisprudence communautaire dans ce domaine, et en particulier dans l'interprétation de l'article 28 du traité CE, s'explique par la prise en compte par la Cour des attentes de ses auditoires, lesquels ont majoritairement adhéré à l'idéologie néolibérale. Afin de mieux saisir le poids - variable - de chaque auditoire de la Cour, j'apprécierai, dans une première partie, le contexte conjoncturel de la construction européenne de 1990 à 2006 et notamment le virage néolibéral que celle-ci a opéré. L'étude des auditoires et de leur impact sur la jurisprudence fera l'objet de la seconde partie de ma thèse. Je montrerai ainsi que la jurisprudence communautaire est une jurisprudence « sous influence », essentiellement au service de la réalisation puis de l'approfondissement du marché intérieur européen.

La lutte contre les changements climatiques comme problème de justice distributive internationale

Ce mémoire est structuré en deux parties connexes : la première tente d’établir les fondements de la justice distributive dans le contexte des changements climatiques ; la seconde analyse six principes distributifs susceptibles d’éclairer l’élaboration des politiques internationales d’atténuation de l’effet de serre : les principes d’égalité, de priorité, de contraction & convergence, du « pollueur-payeur », de responsabilité historique, et de capacité. En ce qui concerne les fondements, les paradigmes de biens publics mondiaux et de droits humains fondamentaux semblent offrir de solides assises pour comprendre le caractère obligatoire de la justice climatique. Concernant l’adoption des principes distributifs, une perspective plurielle permet d’apporter un éclairage unique sur différents aspects de la distribution des quotas d’émissions et de rendre compte avec plus de force des raisons pour lesquelles les nations désignées comme étant responsables ont le devoir moral de passer à l’action.