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"State responsibility."
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The age of responsibility : luck, choice, and the welfare state
A new focus on \"personal responsibility\" has transformed political thought and public policy in America and Europe. Since the 1970s, responsibility--which once meant the moral duty to help and support others--has come to suggest an obligation to be self-sufficient. This narrow conception of responsibility has guided recent reforms of the welfare state, making key entitlements conditional on good behavior. Drawing on intellectual history, political theory, and moral philosophy, Yascha Mounk shows why the Age of Responsibility is pernicious--and how it might be overcome. Mounk shows that today's focus on individual culpability is both wrong and counterproductive: it distracts us from the larger economic forces determining aggregate outcomes, ignores what we owe our fellow citizens regardless of their choices, and blinds us to other key values, such as the desire to live in a society of equals. Recognizing that even society's neediest members seek to exercise genuine agency, Mounk builds a positive conception of responsibility. Instead of punishing individuals for their past choices, he argues, public policy should aim to empower them to take responsibility for themselves--and those around them.-- Provided by publisher.
Book
Refining Expertise
Winner of the 2015 Rachel Carson Prize presented by the
Society for Social Studies of Science Residents of a small
Louisiana town were sure that the oil refinery next door was making
them sick. As part of a campaign demanding relocation away from the
refinery, they collected scientific data to prove it. Their
campaign ended with a settlement agreement that addressed many of
their grievances-but not concerns about their health. Yet, instead
of continuing to collect data, residents began to let refinery
scientists' assertions that their operations did not harm them
stand without challenge. What makes a community move so suddenly
from actively challenging to apparently accepting experts'
authority? Refining Expertise argues that the answer lies
in the way that refinery scientists and engineers defined
themselves as experts. Rather than claiming to be infallible, they
began to portray themselves as responsible-committed to operating
safely and to contributing to the well-being of the community. The
volume shows that by grounding their claims to responsibility in
influential ideas from the larger culture about what makes good
citizens, nice communities, and moral companies, refinery
scientists made it much harder for residents to challenge their
expertise and thus re-established their authority over scientific
questions related to the refinery's health and environmental
effects. Gwen Ottinger here shows how industrial facilities'
current approaches to dealing with concerned communities-approaches
which leave much room for negotiation while shielding industry's
environmental and health claims from critique-effectively undermine
not only individual grassroots campaigns but also environmental
justice activism and far-reaching efforts to democratize science.
This work drives home the need for both activists and politically
engaged scholars to reconfigure their own activities in response,
in order to advance community health and robust scientific
knowledge about it.
eBook
Economic Diplomacy and Home State Responsibility for Human Rights Abuses Involving Extractive Industries Abroad: The Case of Canada
The debate over home state responsibility for human rights has focused on how home states might use accountability mechanisms to promote respect for human rights among their businesses abroad. However, a set of activists and researchers have opened a new front on the question of home state responsibility by focusing on the activities of Canadian diplomats providing advice and consular services to extractive firms abroad. This work documents how home states can be directly implicated in business and human rights controversies and how home state diplomats can put human rights defenders at increased risk. This paper outlines the growing body of research on the hidden influence of Canadian economic diplomacy in human rights controversies, suggesting a troubling disregard for corporate social responsibility and human rights concerns in these contexts, and making the case for robust accountability mechanisms to influence the conduct of both corporate actors and diplomatic officials.
Journal Article
THE OSSIFIED DEBATE ON A UN CONVENTION ON STATE RESPONSIBILITY
This article examines the developments on future action concerning the 2001 ILC Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) in the Sixth Committee of the UN General Assembly. It reviews the past 20 years, from the presentation of the final draft at the 56th session in 2001, to the most recent debate at the 74th session in 2019. In scrutinising the procedural actions taken over the relevant period, it argues that the ARSIWA have ossified in the Sixth Committee even as they have continued to gain authority through application in practice. This ossification is due not only to divisions amongst delegations on future action but also to disagreements on a select number of provisions. Whilst these substantive issues have narrowed, debate is made fruitless by entrenched positions that do not take account of the application of the ARSIWA in practice.
Journal Article
The Impact of Logic (In)Compatibility
Environmental protection is widely perceived as a state responsibility, but market-based solutions such as green investing have emerged in the financial sector. Little research has addressed whether green investing can affect corporate environmental performance and how the state would moderate such an impact. Using an institutional logics perspective, we extend the literature on institutional complexity by exploring the factors leading to compatibility of logics and practices. We theorize that the success of green investing as a novel hybrid practice combining financial means and environmental goals depends on the legitimacy it achieves as an appropriate solution to the stated goal, and this legitimacy can be boosted or dampened by other hybrid practices in the field. Analyzing a panel dataset of 3,706 firms from 20 countries between 2002 and 2013, we find a positive relationship between the relative size of green investment in the economy and firm-level environmental performance in that country. This relationship is moderated by state policies: a strong environmental protection policy weakens the positive relationship between green investing and corporate environmental performance, and a strong shareholder protection policy strengthens the relationship. We contribute to research on institutional complexity, logic compatibility, and public–private cooperation in pursuing the common good.
Journal Article
The ILC Articles on State Responsibility: The Paradoxical Relationship Between Form and Authority
The adoption by the International Law Commission (ILC) in 2001 of its articles on state responsibility is an achievement that presents a paradox. This essay is about the form and authority of the articles, and the paradox that they could have more influence as an ILC text than as a multilateral treaty. The essay addresses the questions of the appropriate authority to be given an ILC text, why undue influence may be attributed to an ILC text (particularly by arbitral tribunals), and how an arbitral tribunal should approach interpreting and applying the articles on state responsibility.
Journal Article
The Fracturing of the American Corporate Elite
Critics warn that corporate leaders have too much influence over American politics. Mark Mizruchi worries they exert too little. American CEOs have abdicated their civic responsibilities in helping the government address national challenges, with grave consequences for society. A sobering assessment of the dissolution of America's business class.
eBook
Righting Wrongs: Reparations in the Articles on State Responsibility
The International Law Commission’s articles on reparations restate the existing law on remedies, but they also innovate in significant ways to reinforce broader community interests in international legality. Given the dearth of precedents on reparations, both aspects can be helpful to tribunals and parties engaged in traditional interstate litigation, but the progressive elements, if they are accepted by states, could have wider application in supporting mechanisms to enhance implementation and observance of international obligations. The combination of codification and progressive development, however, is sometimes an uneasy fit and leaves unanswered several important questions about the theoretical foundation and practical application of the law of reparations. Even the seeming clarity of the articles is deceptive because some of the concepts included in the broadly drafted provisions can be difficult to apply in practice.
Journal Article
The ILC’s Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect
The development of the articles on state responsibility of the International Law Commission (ILC) has been described elsewhere, in particular in the ILC’s Yearbook. The phases of development of the first (1955-1996) andsecond (1998-2001) readings are well enough known, and there is little point in repeating this material. Whatever the trials and longueurs of their production, the articles with their commentaries now exist and may be assessed as a whole. The first reading was the product of decades of work under successive special rapporteurs (Roberto Ago, Willem Riphagen, and Gaetano Arangio-Ruiz). The second readingwas equally a collective process and many members contributed to the final result. As I was formally responsible for shaping the work on second reading, I may not be the best person to comment on the outcome. Anything less than a full-scale defense of the text will be seen as an unauthorized retreat, and if the text cannot defend itself with the aid of the commentaries, it is too late for individuals to make up for any deficiencies.
Journal Article