Department of International Relations School of Social Sciences / The formulation of International Law has been greatly driven by Western principles. These principles have been applied to the world at large as a result of the continuing hegemony of the global north. Consequently, what is deemed to be just and unjust, legitimate and illegitimate in international relations is dictated by these set standards that have been reified throughout history. Sovereign states, as realist theorist tend to emphasize, are at the core of international relations. One of the basic premises of Realism is that the absence of central authority in the international system is bound to lead to conflict. Various international relations theorists have contributed to this literature in their attempts to unpack causes, solutions and justifications for war. The United Nations Charter provides perhaps the most concrete guidelines and codifications of proper state conduct in the pursuit of peace and order and the resolution of conflicts. However, with the progression of history, the nature of conflict in international relations has experienced various changes. One of these changes worth analysing is the shift away from states as single most important actors in a conflict-prone international context. As a matter of fact, the recent history of international relations has been marked by the rise of non-state actors. This research paper seeks to investigate this shift by revisiting Just War Theory against non-state actors in conflict in Africa using the cases of the Mai Mai Bakata Katanga in the Democratic Republic of Congo and the Pirates in Somlia’s Gulf of Aden.

This study seeks to understand the role of non-state actors, particularly NGOs, in global environmental governance by spotlighting the EU’s policies on waste trade. To understand the role of NGOs in waste trade, the study traces the waste trade problematisation of the EU and discovers NGOs' strategies and frames to influence the policies of the EU on waste trade. The study uses mixed methods with the help of constructivist and post-structuralist approaches. According to the study, the EU historically approaches the waste trade as an environmental subject outside of the EU with the contribution of NGOs. On the other hand, changes in the global waste trade scene are shifting the EU’s waste trade problematisations within the EU as an economic dependency problem. In this context, by taking a dialogue builder and voice articulator role and creating alliances, NGOs try to change the EU's this two-way approach.  They work to create a global environmental problem understanding for waste trade using mixed frames, which contain both technical and political frames.

Which environmental non-governmental organizations (ENGOs) are positioned to be the most influential in climate negotiations? The structure of the environmental movement has undergone significant change over the development of the United Nations Framework Convention on Climate Change (UNFCCC). Since its inception there has been significant engagement by ENGOs with the yearly Conference of the Parties (COPs). In this tripartite project, I use an original dataset of relationship ties between ENGOs to construct a series of networks using social network analysis. Specifically, I examine network structures prior to three watershed moments in the history of the UNFCCC, the Kyoto, Copenhagen, and Paris COPs. Based on social network theory, an ENGO’s structural position can be viewed as a reflection of an ENGO’s perceived power, authority, and influence. I also study ENGO participation at COPs at these three distinct time points. In part one of this project, I describe how the structure of the environmental movement has changed over time in conjunction with the perceived success and failures of the UNFCCC process, leading to a bifurcated environmental movement. Additionally, I find that the ENGOs occupying central positions may have greater influence than other less central ENGOs, because they are more likely to serve on state delegations at the UNFCCC. In part two, I examine the role of alliance-based organizations in the larger environmental movement. Specifically, I describe how the ENGO network structure between alliance, policy and science-based organizations has changed over the history of the UNFCCC. The results suggest that alliance-based organizations occupy pivotal positions within the network, showing the potential for alliance-based organizations to help facilitate the representation of diverse viewpoints at international negotiations. In part three, I examine the relationships between ENGOs and human-centric organizations at the three distinct time points and find that despite an increased presence of ENGOs connected to human-centric organizations at the yearly COPs over time, there is still very little interconnectedness between these two movements. I also examine regions with the most ENGO/human-centric organizational connections and find Euro-centric dominance. In general, this is discussed as a missed opportunity. These findings have far reaching implications for the prospects of the UNFCCC developing, and states adopting, effective climate change policy that has the support of the environmental movement. / Political Science

Yes / This chapter examines competition and collusion among criminal justice institutions and non-state actors in imprisonment in prisons in Brazil to analyse how both formal and informal dispositions and practices have created and sustain the mass incarceration that is a pre-condition for extensive prisoner self-governance. The chapter thus looks from the outside-in, examining how relationships between extra-mural institutions have created and sustained such an enormous prison population in Brazil. It also analyses these institutions and organisations as intra-mural actors that, through their action or inaction, exercise a key role in shaping the carceral experience for inmates. It highlights the competition between the different actors involved in the penal arena for control of the carceral space and of prisoners, driven by a variety of motives – rent-seeking, moral/philosophical, and territorial.

京都大学 / 新制・課程博士 / 博士(法学) / 甲第25058号 / 法博第304号 / 新制||法||181(附属図書館) / 京都大学大学院法学研究科法政理論専攻 / (主査)教授 濵本 正太郎, 教授 酒井 啓亘, 教授 玉田 大 / 学位規則第4条第1項該当 / Doctor of Agricultural Science / Kyoto University / DGAM

Approved for public release; distribution in unlimited. / The level of violence has not only increased constantly over the last decades, but has also shifted in nature from conventional to unconventional. Given these circumstances, Romania's national interests call for the development of unconventional capabilities that are necessary in order to deal with current and future low intensity conflicts. This thesis analyzes the influence of language training and cultural understanding on the overall success of counterinsurgency campaigns. Examining some situations where the U.S. and British forces carried out counterinsurgency operations, this project reveals that ground troops with foreign language skills and cultural training were able to work more efficient with the local population. Cultural awareness facilitated communication and developed interpersonal trust. Additionally, language and cultural training enhanced military personnel's ability to understand the operational environment and to make a more selective use of force. The purpose of this thesis is not to promote a departure from conventional military training, but rather to propose the development of new Romanian military capabilities, the performance of which will increase through a better exploitation of language and cultural resources. / Captain, Romanian Army

Com o objetivo de analisar as demandas por um novo arcabouço sociojurídico na Organização Mundial do Comércio (OMC), este trabalho analisa os movimentos que permitiram algumas \"desestruturações\" da \"ordem internacional\" e permitiram a identificação de dois modos de produção no sistema internacional: o interestatal e o cosmopolita. A promoção da autonomia do espaço cosmopolita influiu significativamente na estrutura dos tradicionais fóruns interestatais como é o caso da OMC. Através da análise das estruturas do sistema multilateral de comércio, indica-se aquelas que favoreceram as demandas das instituições não-estatais, com diversas racionalidades e formas de ação perante a OMC, e as influências dessas instituições nas formas de regulamentação dessa organização. Nossa preocupação é identificar no pluralismo de instituições a consolidação de um multilateralismo complexo, resultado de uma transformação na forma de governança da economia e dos movimentos sociais globais. Tais relações promovem a repolitização do sistema multilateral de comércio e apontam para o desafio da inserção da OMC num sistema de governança global. Uma segunda parte do trabalho analisa a recepção de um novo arcabouço sociojurídico na OMC pelo Estado e pela sociedade brasileiros. / The objective of this work is to analyse claims for a new social and legal structure in the World Trade Organization (WTO). For this purpose it investigates the movements which promoted the \"dismantling\" of the \"international order\" and encouraged the recognition of the existence of two different modes of production within the international system: on the one hand a system between states; and a cosmopolitan one on the other hand. The autonomy of the cosmopolitan space has changed the structure of the traditional fora, of which the WTO is part. A critical analysis of the multilateral trade system structures allows us to identify those structures that have allowed the claims of non state institutions to be expressed on the scale they did, albeit with varying levels of rationality and methods. It also shows the influences such institutions exercise on the WTO system of regulation. The aim is to identify how this plurality of institutions endorses a complex multilateralism, which is a result of the changes in the governance of both economic and global social movements. Such developments instigate the re-politization of the multilateral trade system and present a challenge for the inclusion of the WTO in a system of global governance. The second part of the work is focused on the responses of the Brazilian government and society to these new developments in the WTO structure.

University of Macau / Faculty of Law

Este estudo dedica-se a investigar de que formas a governança ambiental global se tem desenvolvido no mundo globalizado e como se articula o influxo recíproco entre esta e o direito internacional ambiental. Tomando por base o fenômeno da globalização, o status de preocupação comum da humanidade que reveste as questões de proteção internacional ao meio ambiente e, ainda, o conceito de desenvolvimento sustentável, verifica-se de que formas a nova governança ambiental global se distingue da governança tradicional, para, em seguida, refletir sobre as implicações deste processo para o direito internacional ambiental. Dá-se especial relevo à crescente participação de atores não estatais, buscando compreender seu papel e a quebra de paradigma consistente na adoção de formas contratuais, voluntárias, para a consecução dos objetivos da proteção internacional ao meio ambiente. Considerando-se que os instrumentos da nova governança são inclusivos, mas, ao mesmo tempo, multifacetados e, por vezes, caóticos, busca-se conciliá-los com os instrumentos da governança tradicional com vistas a garantir que a flexibilidade das soluções construídas de baixo para cima não seja ameaçada e, ao mesmo tempo, que seja conferida coesão ao sistema, evitando que antinomias ponham em risco a efetividade desejada. Para tanto, propõe-se uma nova arquitetura institucional que compreende duas instituições centrais: uma Organização Mundial do Meio Ambiente (OMMA) e uma Corte Internacional de Meio Ambiente (CIMA), constituídas de forma a consagrar expressamente a principal característica da nova governança ambiental global, a saber, a participação de atores não estatais. / This dissertation aims at investigating how global international governance develops in the globalized world, and how the reciprocal influx between the later and international environmental law is articulated. Taking into consideration the globalization phenomenon, the status of a common concern of humanity that characterizes the issues of international environmental protection as well as the concept of sustainable development, the study analyzes how the new global environmental governance sets itself apart from traditional governance, while reflecting upon the implications of said process for international environmental law. The increasing level of participation of non-state actors is especially considered in an effort to understand its role and the breaking of a paradigm it entails, consisting in the adoption of voluntary, contractual instruments for achieving the goals of international environmental protection. Bearing in mind that the instruments of the new governance are inclusive but at the same time multifaceted and even chaotic, this study tries to reconcile them with traditional governance instruments so that the flexibility of bottom-up solutions is not threatened and that at the same time the system gains cohesion, thus avoiding contradictions that may jeopardize its desirable effectiveness. In order to reach these goals, a new institutional architecture which encompasses two central institutions is proposed: a World Environmental Organization (WEO) and an International Environmental Court (IEC), constituted so as to expressly recognize the main feature of the new global environmental governance, that is, the participation of non-state actors.

Within the context of a modern globalizing world, this thesis investigates governance in fragile areas where unconsolidated territorial-sovereign statehood offers niches for 'illicit' forms of social order to develop. Through recursive theoretical and empirical research rooted in the 'abductive' method of Pragmatism, the analysis has three overarching objectives: First, it offers a different conceptual approach by moving away from negative categorization of the phenomena, e.g. failed states, ungoverned spaces, limited statehood etc., towards a positive conceptualization, i.e. illicit orders. By casting off the legal-rational, sovereign-territorial lens, the pursuant conceptual reconfiguration of territory, authority, and institutions recognizes and more directly conveys the existence of local social organization apart from the modern state via the agency of social groups acting in violation of domestic and/or international legal norms, rules, and institutions. Second, it seeks to explain the constitution of 'illicit orders' by offering a sociologically-cognizant analytical framework capable of elucidating the 'micro' processes inherent to governance in territories where state institutions remain nominal and ineffective. Based on insights from theoretically-informed empirical fieldwork in Rio de Janeiro, Brazil's favelas, I maintain that inter-subjective relations of authority can be produced when a given actor asserts predominance in three co-constitutive domains; namely, organized violence, socioeconomic security, and social legitimacy. Resultant authority then gives rise to the 'structuration' of norms, rules, and institutions, which also recursively reinforces the institutionalization of authority - a process inherent to the constitution of social order in these circumscribed territories. Third, it provides an understanding of how inherently local 'illicit orders' at once form part of a diffuse mosaic of social, political, and economic structures that collectively constitute 'global society', while simultaneously existing in dramatic juxtaposition to the Western-led 'international order' of states within it. Such an understanding purports to further challenge 'neoutilitarian' and 'macro-structural' theoretical approaches predominant in contemporary International Relations discourses.