RESEARCH

The Dark Sides of Transnational Cooperation: How Power is at Work in Polycentric Law

Project for Fellowship at Käte Hamburger Kolleg / Centre for Global Cooperation Research, Universität Duisburg-Essen (October 2018 – September 2019)

Abstract: In various fields like environment, trade, or finance, transnational legal regulation is a polycentric process, a global struggle for law, during which heterogeneous societal expectations are transformed into legal norms. At the same time, such practice may consist in regulatory capture and/or the production of regulatory gaps. While actors cooperate to achieve certain forms of regulation, the conditions of future co-operation among a global multiplicity of actors are also affected through transnational regulatory arrangements. Global cooperation is thus no longer innocent. read more…

 

International Relations Theory and Critical Legal Studies

Abstract: In International Relations (IR) theory, norms are widely held to be the opposite to ‘interest defined as power’ (Morgenthau). Norms are often held to be scripts of emancipation, and power to be a practice of domination. The project argues that IR norms research all too often buys into a problematic dichotomy by adopting a binary perspective from which power is either held to be superior to norms or erased from the notion of the norm. The problem with this dichotomy is that norms are misconceived when limited to the two options of either being emancipatory values against the dictates of power politics or utopist scripts never standing these dictates in the long run. The project aims to explore a deeper understanding of how norms are political and how elements like power, coercion, and violence circulate within norms and norms-related practice. To this end, it offers IR to draw on certain strands of work in legal theory, namely the legacies of American legal realism and critical legal studies, to elaborate on how norms and norms-related practice are political. More…

 

Towards a New International Relations Theory (NIRT)

(together with Prof. Antje Wiener, funded by the Landesforschungsförderung Hamburg for the period February 2017 to June 2018.)

Executive Summary: In times of international crisis social scientists should be able to position themselves vis-à-vis a world that has arguably come out of joint. Yet, particularly those engaging in theory all too often remain silent. A major goal of this project is to counter this silence and encourage more critical engagement with the world. Towards that end, the group addresses the interplay between practice-approaches and normative theory in International Relations Theory. Without a deep understanding of everyday practice and its role in the reproduction of order, quick entries to normative theory are hardly available. Assuming the pitfalls of global order to be visible ‘on the ground,’ the project focuses on crisis as a contradictory process during which the meaning of order becomes subject to contestation. The underlying rationale of the project is thus to scrutinize the configuration of normativity in and through everyday practice. More at the UHH homepage

 

Geographies of Global Governance / Transnational Human Rights Litigation and the Politics of Space 

Abstract: The project Transnational Human Rights Litigation and the Politics of Space focusses on human rights violations not by states but by private corporations, particularly when operating in places where ‘the law’ is hardly available for victims. The latter may want to resist by means of transnational human rights litigation (THRL) and ‘find the law’ abroad. The project holds that spatial knowledge is a necessary precondition for the making of a legal case. In the field of THRL space is highly contested. While the Supreme Court decision on Kiobel v. Royal Dutch Petroleum is arguably a moment of juridico-political gravity, with critical repercussions for the future possibilities of suing transnational corporation before US courts, the core interest of this project is not primarily ‘juridical.’ Instead, the focus is on the ‘politics of space’ at work in the THRL. The project is interested in how space is constructed and thus becomes a technicality of a politics of transnational law.

Related Publications:

 

Global Community of Courts [completed]

(together with Prof. Antje Wiener, funded by the TransCoop-Programme of the Alexander von Humboldt foundation in cooperation with the Canadian Research Council (SSHRC).

Abstract: Anne-Marie Slaughter has described the “new world order” as characterized by some “conceptual shifts,” including an increasing cooperation of domestic courts across nation-state boundaries. The cross-jurisdictional referencing of legal norms and decisions, as Slaughter holds, would lead into a “global community of courts.” This article takes issue with that observation. We argue that for such a community to emerge, cross-referencing would need to be followed by an effective transmission of meaning from one (legal) context to another. Following recent insights in the field of International Relations norm research, however, we can expect such meanings to be contested — in particular, when different cultural repertoires operate on either side of the interactive processes. Therefore, a need for translation ensues (i.e., a translation of constitutional norms or concepts from one legal order into another). The conditions of a “global community of courts” are thus not easily met. In this respect, the aim of the article is to put Slaughter’s thesis to an empirical test. To extrapolate the “normative structures of meaning-in-use” the article builds on the analysis of semi-structured interviews with legal practitioners who were involved in the jurisprudence on anti-terrorism measures in two countries, Canada and Germany. During this empirical work, we found a “global community of courts” not yet emerged. Although the concept of community does matter as an explanatory reference for research on legal cross-referencing across national borders, our research suggests that practice of cross-referencing is still more “culturally” fragmented than unified, and normative references are more regionally diverse than globally shared. Moreover, the normative context within which referencing takes place remains strong, so that the meaning of “foreign” concepts is often constructed by means of contestation rather than transferred from one contest into another. For more information, click here

Related Publications:

  • Antje Wiener and Philip Liste, Lost Without Translation? Cross-Referencing and a New Global Community of Courts, Indiana Journal of Global Legal Studies 21: 1 (Winter 2014), 263-296.

 

Intertextualities as Technique of Global Governance: The Constitution of Normativity in Organizational Context [completed]

Abstract: The ever-always-the-same phrases in documents of International Organizations (IOs) are not “just” phrases. This project builds on the assumption that repetitive phraseology is a major aspect in institutional practice and a forceful technique in the global organization of normativity—understood as a continuously negotiated accumulation of normative claims or patterns of meaning. Located on the intersection of the academic fields of International Relations, Organizational Sociology and Law, the project aims to contribute to a deeper understanding of the daily operations of IOs and their role in the regulation of world society as well as phenomena of constitutionalization and fragmentation of international law. The project proposes to analyze this daily practice as textual practice. By the same token, social science discourse analysis will be applied in order to elaborate the hegemonic reproduction of normativity in a global scale in which IOs are assumed to play an essential role. Guided by a theoretical interest in questions of the constitutionalization and fragmentation of international law the project aims to show paths for conducting empirical research on the nexus of IOs and the contested constitution of normative order—i.e. global normativity.

Related publications

  • Katja Freistein and Philip Liste, Organisation-im-Kommen: Intertextualer Institutionalismus in der Analyse von Weltorganisationen. In Martin Koch (ed.): Weltorganisationen (Wiesbaden: Springer VS, 2012).
  • Philip Liste, The Politics of (Legal) Intertextuality. International Political Sociology 3:4 (2010), 319-22.