Made available in DSpace on 2014-06-11T19:29:14Z (GMT). No. of bitstreams: 0 Previous issue date: 2010-08-21Bitstream added on 2014-06-13T18:58:48Z : No. of bitstreams: 1 budini_tf_me_mar.pdf: 514083 bytes, checksum: 9ba3fc940ec356af624fc1b728a12d46 (MD5) / O trabalho retrata a diversificação do debate sobre “sociedade civil global” e sobre a ação política não-estatal além das fronteiras na literatura recente no campo das Relações Internacionais. O interesse no tema por parte de uma crescente gama de perspectivas teóricas reflete debates mais amplos em torno de conceitos que, ao lado da idéia de “sociedade civil global”, surgiram na disciplina a partir do início dos anos 1990. Apresenta-se como cenário desta pluralização a insuficiência da literatura de inspiração liberal para explicar a permanência das desigualdades e hierarquias de poder no sistema mundial. Parte do imaginário positivo associado à “sociedade civil global” reside na idéia de que a perda de autonomia em âmbito doméstico - causada pelos processos de “globalização” - poderia ser compensada com o ativismo transnacional e/ou global, ou seja, na idéia de reformular a mediação entre universalidade/particularidade, formalizada na constituição das fronteiras modernas. Desse modo, o objetivo é estabelecer diálogos entre as várias perspectivas e mapear estas discussões tanto no que se refere aos atores e processos diretamente envolvidos na ação política não-estatal transnacional, quanto apontar sua inserção no debate teórico sobre as transposições de fronteiras, rearticulações das relações entre o doméstico e o internacional e a idéia de constituição de um campo político “global” / This research shows the diversification of the debate on “global civil society” and the non-state political action beyond borders in the recent International Relations literature. The interest of an increasing variety of theoretical perspectives on these issues reflects wider debates on the concepts that – as the idea of “global civil society” – have emerged in the discipline since the beginning of the 1990s. The insufficiencies of liberal-oriented literature to explain the maintenance of inequalities and power hierarchies in the world system is the background to this diversification. Part of the positive image associated to a “global civil society” lies on the idea that the lost of autonomy in domestic realm – engendered by the globalization processes – could be counterbalanced with the transnational/global activism, that is to say in the idea of reformulating the mediation between universality/particularity formalized by the constitution of modern political boundaries. The objective is establishing dialogues between these variety of perspectives and mapping these discussions, not only in relation to the actors and process directly involved in the transnational political action, but also shedding light in their intersection with the wider and more theoretical debate on the problem of borders, of mediation

The United Nations (UN) has invested increasing levels of effort in recent decades to cultivate a more effective, diverse and democratic institutional culture via the inclusion of and interaction among international civil society organizations (CSOs) and nongovernmental organizations (NGOs) to supplement the traditional role of states as the primary transnational actors. The principle vehicle for the UN-civil society dynamic is the consultative status (CS) program within the Economic and Social Council (ECOSOC), wherein a diverse range of nearly 5,000 transnational organizations ostensibly participate. This research examined patterns of participation and the nature/level of CSO/NGO involvement within the UN, with particular focus upon ECOSOC. In examining participation patterns, the research identified patterns related to geographical/proportional representation among developed and developing regions and world regions in general and also as related to policy/issue areas represented. In terms of involvement, the research sought to assess the types and degree of contributions being made by CSOs/NGOs in association with the UN. To address both areas, the research employed a two-prong methodology including (1) a detailed analysis of the UN’s online integrated Civil Society Organizations (iCSO) database and (2) a comprehensive survey questionnaire mailed to a randomly-selected sample of 10% of all organizations holding consultative status with UN-ECOSOC. The findings challenge the assumption that UN association with international civil society has realized pluralist ideals in that substantial variations were found to exist in the representation of policy/issue areas, with some areas far better represented than others. Perhaps more importantly, the research revealed that only a minority of organizations in the ECOSOC-CS program appear to be actively/regularly engaged with the UN, with a large minority of CS-accredited organizations engaged only periodically or to a more limited extent, and a substantial minority not participating/interacting in any way. Rather than exemplifying pluralism within the constructivist tradition, findings imply support for liberal institutionalist theories in that decades-long expansion of IGO influence has facilitated a corollary expectation of expanding international civil society and an associated expectation of linkages between transnational governance and democratic institutions on the one hand and transnational civil society on the other as a standardized norm.

The use of Private Military Companies (PMCs) has become an increasingly common feature of contemporary armed conflict. Because of their autonomous contractual status, PMCs have presented governments with problems of accountability on several levels, including violations of international human rights and humanitarian law (IHL) standards. This thesis argues that PMCs should be considered to be non-state actors (NSAs), subject to international law from both an International Relations Theory and a Legal Theory perspective. This conclusion is linked to the issue of whether individual PMC employees can be treated as legitimate combatants according to IHL. State practice has not led to a clear understanding of the definition of combatant, a problem which has been compounded by a lack of government policy on the use of PMCs. Using Canadian experience as a case study, the thesis concludes that IHL suggests two options for regularizing the status of PMCs which would both strengthen accountability and uphold the rule of law.

The use of heavy weaponry - such as tanks - in recent and current military conflicts has been overlooked, as were the principles of conventional warfare in general. With relation to armed conflict, attention has been given especially to the questions of conflict prevention and deconfliction. The thesis focuses on the ongoing conventional conflict in Syria, with the emphasis on the tactics of use of heavy armoured vehicles by non-state actors. The thesis takes advantage of volume of accessible primary sources concerning the topic to establish distinct modes of use of heavy weapons - the patterns of deployment, to analyse how the heavy weapons itself and the environment affecting their usage. On the two chosen case studies, these patterns of deployment are operationalised into an independent variable to assess whether the use of heavy armoured vehicles by insurgents in north-western Syria could be causally link with the outcome of military operations.

The leader of the climate change regime is the United Nations Framework Convention on Climate Change (UNFCCC) which hosts the international climate change negotiations at the annual Conference of Parties (COP). In addition to official parties which represent nations in the UNFCCC, businesses and environmental groups are also playing a role in the negotiations as observers, which are grouped together in constituencies. This research will look at the two largest and original constituencies, the Business NGOs (BINGOs) and the Environmental NGOs (ENGOs) which represent business and environmental groups respectively. Both constituencies have a focal point for their members with the UNFCCC Secretariat, which for BINGOs is the International Chamber of Commerce (ICC) and the Climate Action Network (CAN) for ENGOs. Specifically, this paper compares the ICC and CAN and finds similarities and differences between their functioning within the UNFCCC in regards to their ability to build coherent policies between their members and how transparent they are in their activities. It was predicted that businesses groups have a harder time working together and are less transparent than the environmental groups which the research indeed confirmed. A series of interviews with various actors in the climate negotiations...

No description available.

In a world witnessing unprecedented levels of forced displacement, the weaponization of migration has emerged as a potent and unexplored tool in the foreign policy arsenals of states and non-state actors. Challenging traditional state-centric perspectives in international relations, this thesis delves into the realm of Coercive Engineered Migration (CEM) employed by armed non-state actors. With a focus on Libya, a key player in the weaponization of migration against the European Union (EU), this study investigates the strategic orchestration of migration flows, coercive mechanisms, and the diplomatic preconditions underpinning these actions. The findings reveal evidence of multiple attempts of CEM against the EU by armed non-state actors in Libya during two distinct periods: 2014-2017 and 2020-2023. Employing coercion by punishment strategies and denial mechanisms, these actors mainly sought legitimacy and resources from the EU. Armed non-state actors gained more leverage compared to state actors due to their non-diplomatic status. This thesis contributes to the existing literature by challenging realist assumptions, diversifying the understanding of non-violent foreign policy strategies employed by armed non-state actors, and highlighting the often-overlooked significance of these actors in the realm of weaponized migration.

For many sets of reasons, including the unequal power relationship between them and most underdeveloped states, and probably more in Africa than anywhere else in the world, non-state actors (NSAs) like states are involved in the violation of human rights. With the phenomenon of globalization, their role has become even more pronounced with some of the traditional functions of the state being performed by them, with implications for human rights, especially socioeconomic rights. Unfortunately, state-centred traditional international law has proved to be ill-equipped to hold NSAs directly accountable and liable for their violations of human rights. NSAs are only expected to adhere to non-binding voluntary standards, such as codes of conduct. Yet, if properly interpreted and enforced, the African Charter for Human and People’s Rights (ACHPR) can be relied upon to hold them accountable. Against this backdrop, the study interrogates the existing universal and regional human rights laws and systems with the view to identifying any rules, principles, case law or literature that can help hold NSAs directly accountable for human rights violations. For better advocacy and protection of human rights on the African continent, it makes a case for a paradigm shift away from a state centred to a holistic approach that would include NSAs and ensure that they are also bound to protect human rights and become accountable for their violations. / Private Law / LL.M.

La fin de la guerre froide amorça une nouvelle ère de privatisation, de libéralisation et de dérégulation sans précédent. L’internet et les nombreuses autres avancées technologiques ont rapproché les citoyens du monde à un degré impressionnant. Le monde au XXIème siècle semble être plus interdépendant que jamais. De nombreuses problématiques contemporaines dépassent largement les contrôles et les frontières étatiques, des problématiques reliées par exemple aux investissements étrangers directs, aux droits de l’homme, à l’environnement, à la responsabilité sociale des entreprises, etc. La globalisation des marchés marque par ailleurs le recul de l’État face aux acteurs non étatiques. La société civile et les multinationales surgissent dès lors en tant que véritables partenaires dans l’ordre juridique international. Cela est illustré notamment par l’accès accordé aux multinationales/investisseurs à la justice internationale économique. Ces derniers ont la capacité de poursuivre un État qui violerait leurs droits marchands découlant d’un TBI devant une juridiction arbitrale internationale. Qu’en est-il par contre des droits non marchands violés par les investisseurs ? Cette étude explore les motifs militant pour un accès de la société civile à la justice internationale économique. Le but d’un tel accès serait d’opposer les droits non marchands, suscités par des problématiques inhérentes à la globalisation des marchés, à la fois à l’égard des États et à l’égard des multinationales, et auxquelles aucune réponse étatique unilatérale ou interétatique ne peut remédier adéquatement. / The end of the cold war marked an unprecedented new era of privatisation, liberalisation, and deregulation. Internet and the numerous technological advancements have brought citizens of this world closer at an astonishing degree. The world in the XXIst century seems more interdependent than ever before. A number of contemporary problematic issues significantly bypass State controls and borders. They are for instance related to foreign direct investment, human rights, the environment, corporate social responsibility, etc. Globalisation marks the State’s retreat in favour of non-state actors. In this light, civil society and multinationals appear as significant partners in the international legal order. This is in part reflected in the access given to multinationals/investors to international trade law justice. They have the capacity to file claims against states in front of international arbitration jurisdictions for violations of their trade rights as provided under BITs. However, what about the non-trade rights that may have been violated by investors? The present study explores the motives that would justify civil society’s access to international trade law justice. The purpose of such access would be to stand for non-trade rights, raised by problematic issues inherent to globalization, against States and multinationals, and that cannot be remedied solely through unilateral nor interstate efforts.

For many sets of reasons, including the unequal power relationship between them and most underdeveloped states, and probably more in Africa than anywhere else in the world, non-state actors (NSAs) like states are involved in the violation of human rights. With the phenomenon of globalization, their role has become even more pronounced with some of the traditional functions of the state being performed by them, with implications for human rights, especially socioeconomic rights. Unfortunately, state-centred traditional international law has proved to be ill-equipped to hold NSAs directly accountable and liable for their violations of human rights. NSAs are only expected to adhere to non-binding voluntary standards, such as codes of conduct. Yet, if properly interpreted and enforced, the African Charter for Human and People’s Rights (ACHPR) can be relied upon to hold them accountable. Against this backdrop, the study interrogates the existing universal and regional human rights laws and systems with the view to identifying any rules, principles, case law or literature that can help hold NSAs directly accountable for human rights violations. For better advocacy and protection of human rights on the African continent, it makes a case for a paradigm shift away from a state centred to a holistic approach that would include NSAs and ensure that they are also bound to protect human rights and become accountable for their violations. / Private Law / LL.M.