Indiana Journal of Global Legal Studies » Volume 15, Number 1

A Theory of Open-Source Anarchy

oneditor — Sun, 25 Sep 2011 22:31:42 +0000

The rise of the importance of non-State actors in global politics challenges existing theories of international relations, and this article presents a new approach to the non-State actor phenomenon by developing a “theory of open-source anarchy.” The article reviews the anarchy problem in the study of international relations and how leading theories explain this problem. This analysis questions whether these leading theories can explain the nature of non-State actor participation in contemporary global affairs. The article then develops a theoretical framework that addresses the non-State actor challenge. The framework argues that the nature of anarchy has shifted from a condition monopolized by States to one in which anarchy has become “open source” and accessible to non-State actors in unprecedented ways. The article explores the relationship between material power and ideas in open-source anarchy to explain the manner in which international relations operate in the early twenty-first century.

Democratization: The Contribution of Fair Trade and Ethical Trading Movements

oneditor — Sun, 25 Sep 2011 22:29:45 +0000

De-democratization and institutional corruption threaten equality among the expanding global market community. International treaties have been largely unsuccessful because they are designed to favor the more politically and economically advantaged players. In addition to meeting these challenges, there are many additional benefits to be gained from adopting the principles of the Fair Trade and Ethical Trading movements. Finally, international law has an obligation to integrate the principles of social and ethical trading movements to prevent the autonomous powers and transnational corporations from dominating the traditional, less powerful markets and so that welfare increases for all.

Global Panopticism: States, Corporations, and the Governance Effects of Monitoring Regimes

oneditor — Sun, 25 Sep 2011 22:27:12 +0000

Regulatory power has become fractured. Its assertion both by public and private bodies is well known. Less well recognized is that the expression of this regulatory power has been fracturing as well. No longer confined to positive regulation or judicial decision, the techniques for enforcing regulation are substituting for regulation itself. This paper examines surveillance as a mechanism through which power is asserted and regulation effected in a world of shared public/private governance. For this purpose, understanding the nature of surveillance as a technique of governance, and as a substitute for governance itself, is a key element for understanding political authority as it is developing. The paper focuses on surveillance as a new form of lawmaking through which the old boundaries between the public and private, national and transnational, are not relevant. It explores the ways in which the construction of complex systems of conscious and permanent visibility affects the power relationships among states, economic entities and individuals. To understand the complexities and vectors of surveillance is to grasp the shape of converging public/private governance in this century. To that end, this paper first suggests an approach to the unbundling of the normative and methodological assumptions of surveillance. That approach can be usefully divided into four aspects, normative, informatics, control, and governance, each of which is developed in turn. The paper ends with an elaboration of the regulatory consequences of the manipulation of these aspects of surveillance. Drawing on theories of gouvernmentalité, the paper suggests the ways in which governance is increasingly elaborated through the techniques of its own power. The attention lavished on surveillance in its many forms evidences the ways in which law, in a sense, is now expressed through different forms.

From Agitation to Institutionalization: The Student Anti-Sweatshop Movement in the New Millennium

oneditor — Sun, 25 Sep 2011 22:27:00 +0000

This article provides an overview of the student anti-sweatshop movement and argues that the movement has been somewhat successful at changing policies. The primary objectives are twofold: first, to supplement existing literature on the anti-sweat-shop movement by offering an account of its emergence and evolution at Indiana University—Bloomington; and second, to describe the Designated Suppliers Program (DSP), a United Students Against Sweatshops (USAS) initiative that proactively seeks to improve conditions for workers producing university-licensed apparel.

The WTO and Domestic Political Disquiet: Has Legalization of the Global Trade Regime Gone Too Far?

oneditor — Sun, 25 Sep 2011 22:26:51 +0000

The recent “legalization” of the global trade regime (the WTO) has inspired enormous amounts of research and literature. Fewer commentators, however, have examined WTO legalization from the perspective of domestic interest groups. I add to this growing subfield of literature by arguing that the WTO has not exceeded its boundary for domestic political acceptance, nor will it likely do so in the near future. In one respect—“ judicial activism”—legalization does, however, present a threat to domestic political support. Still, drawing from historical lessons, I argue that the WTO as an institution will face irrelevance only if both protectionists and multilateralists conclude that the institution no longer represents their interests.

Rethinking NGOs: The Economy of Survival and Global Governance

oneditor — Sun, 25 Sep 2011 22:14:06 +0000

This article explores the concept of “global politics,” an evolving set of systems that undermine our traditional view of government. These underlying systems, including Non-Governmental Organizations (NGOs), exert great influence on the power and actions of nation-states. Thus, while current global politics are largely dependent on the actions and strategies of nation-states, nation-states are not the only actors at work. The article argues for a view of global politics that takes these other systems, particularly NGOs, into account.