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During the Syrian war, many archaeological sites were subjected to systematic looting and destruction, often on a massive scale. Among the casualties of this looting is a colossal basalt statue of a lion that was located at the archaeological site of Ain Dara in northwest Syria. The lion of Ain Dara is a prominent local symbol and of great importance for the collective memory of northwest Syria, especially for the people of Wadi Afrin. Its disappearance will also have serious repercussions for the local economy as it was, in the past, an important tourist attraction. In this article, we investigate how the statue was stolen, why it was stolen, and where it is now. By using the lion statue of Ain Dara as a case study, we aim to shed more general light on the networks responsible for looting and trafficking Syrian antiquities, the factors that have enabled their growth during the conflict, and the role of civil society organizations in reducing their harmful impact on the cultural community of the Syrian people.
This chapter is about the perspectives and experiences that female sex workers in China share across tiers of prostitution. The daily lives of low-tier sex workers, hostesses, and second wives in China differ from each other in important ways. Yet despite relatively fixed boundaries between tiers of prostitution, these women do not exist in unrelated, independent silos. After all, their source of income comes from the same activity: exchanging sex for money or other material goods. The chapter first highlights how movement across tiers of sex work is limited, and how low-tier sex workers and hostesses express a preference for the work conditions in their own tier, rather than voice a desire to move up in the pecking order. It then examines narratives that these women have in common across all three tiers. Lastly, it discusses how sex workers who cross paths with grassroots organizations develop a shared consciousness of their membership in a global community of sex work civil society, and appropriate its language and symbols in their own lives.
The role of social movements and civil society actors in rights advancement has been frequently emphasised. The assumption is that legal mobilisation by civil society actors works towards the extension of rights and the emancipation and advancement of justice for distinctive (minority) groups in society. While traditionally, socio-legal attention on social movement and civil society actions around rights promotion was particularly prominent in the US, for some time now the European context has also been approached from such a socio-legal lens. However, a one-sided, liberal–progressive understanding of social mobilisation around rights has, importantly, been put to the test by recent manifestations of societal actors. Conservative actors tend to (1) promote a restrictive interpretation or a radical reinterpretation of existing rights (e.g. abortion, free speech), (2) limit the diffusion of new rights (e.g. the rights to euthanasia or legalizing surrogate maternity) and/or (3) call for the interruption of the further extensions of rights (e.g. with regard to same-sex marriage, LGBTIQ issues). The analysis of legal mobilisation by such conservative right-wing actors indicates that mobilisational repertoires are strikingly similar to those of liberal actors. This article will discuss the notions of civil society and legal mobilisation and call for a rethinking of these concepts, in part because of the increasing manifestation of societal actors that are in contrast to the traditional liberal paradigm. The article will subsequently engage in a detailed study of one such actor – the Polish legal think tank Ordo Iuris (OI) – with regard to its third-party or amicus curiae interventions at the European Court of Human Rights (ECtHR), stressing the difference of orientation of such interventions from those of liberal actors and also indicating dimensions of ambivalence and similarity in their approaches.
In the past decade, the Vietnamese lesbian, gay, bisexual, transgender, and other sexual orientations and gender identities (LGBT+) movement has succeeded in repositioning this population from the stigmatising label of “social evils” to a more positive social representation. Despite the limited space for civil society in this authoritarian environment, Vietnamese activists and non-governmental organisations (NGOs) have effectively changed public attitudes, improved visibility, and gained legal recognition for this marginalised community. This study uses qualitative data from interviews with twelve activists and fieldwork observations to explain how activist strategies in this setting align with the “service delivery” function of civil society. By examining how activists have addressed healthcare and education deficits, I demonstrate that activism in authoritarian regimes can be effective when it assists instead of challenges the government. The findings contribute to scholarship on global queer activism by demonstrating how a service delivery approach can achieve social change, highlighting the role of NGOs and international development in this process. Additionally, the findings expose existing challenges that hinder these activists’ efforts, showing how funding dependency and inadequate legal recognition can significantly limit the creativity and autonomy of grassroots activist groups.
This chapter turns to the third UN mediator in Syria, Staffan de Mistura, and has the same two objectives as the preceding case studies in this book – to delineate the mediator’s agency as a decision-maker and to elucidate the strategic dynamics behind his decision-making. It is split into two sections dedicated to each objective. The first section investigates the mediator’s input to the main mediation policies during the period studied. Of which there are six – the Aleppo Freeze, sanctioning military action against ISIS, the Geneva Consultations, the intra-Syrian Talks, the Astana Process, and the mediator’s resignation. Building on these findings, the section uncovers the dynamics behind the mediator’s decision-making using the categories of perceptions drawn from the contingency model. This analysis also helps produce more generalizable knowledge concerning associations between mediation perceptions and behaviors.
Chapter 5 examines the BJP’s attempt to build centres of elite, traditional intellectuals to legitimise its identity politics. While dismantling advisory committees, quashing dissent, and attacking universities and established research institutions, the BJP has built think tanks to bring together stakeholders in government and civil society and give its political ideology a footprint in already established policy networks. Some scholars have characterised the BJP’s think tanks as institutions of ‘soft Hindutva’ (see Anderson 2015), that is, organisations that avoid overt association with the BJP and Hindu-nationalist linkages but pursue a diffuse Hindutva agenda nevertheless. Through an ethnographic study of the BJP’s two most prominent think tanks, this chapter demonstrates how manifestations of Hindutva can be both explicitly political and anti-political at the same time: advocating for political interventionism while eschewing politics and forging an apolitical route towards cultural transformation.
This chapter focuses on the specific role of social movements and NGOs in energy policy-making in the CEE region. This is structured through a series of case studies that highlight contemporary energy policy issues, specifically with relation to energy pricing, issues of equity and energy poverty, nuclear energy, shale gas and renewable energy. The chapter examines how these issues are framed, justified and legitimised, and the extent of broader societal participation and support. To provide context this chapter considers the developing role of civil society in the region, including legacies of socialism, the historical and contemporary role for societal input into general policy-making, changes in state-civil society relations and the development of NGOs and interest groups and their influence on climate and energy policy. It studies these issues in four sub-sections: energy poverty, the shale gas debate and the role of opposition on environmental grounds, nuclear energy and public participation, and local and community energy initiatives.
Relations between diplomats and civil society are central to diplomatic work. However, scholarship on diplomacy has not paid sufficient attention to how diplomats interact with civil society actors abroad. This article theorises and empirically examines diplomatic engagements with civil society organisations (CSOs) in host states. The article introduces a new concept – maternalism – into the analytical toolbox of diplomacy studies. While the Bourdieu-inspired ‘practice turn’ has entailed a recalibration of the study of diplomacy towards the everyday work of diplomats, I claim that we need notions that will help us understand these everyday practices in the context of structural power inequalities. In this endeavour, instead of turning to the established notion of paternalism, I follow feminist thinking regarding motherhood and the ethics of care. Maternalism is proposed as a complementary heuristic to paternalism that is helpful in capturing different modes of engagement between unequal actors in international politics and is not marked by financial dependency or military power. Maternalism and paternalism rely on distinct practices of care and control. To empirically illustrate the utility of the notion of maternalism, I analyse diplomats representing seven liberal states in the illiberal states of Poland and Hungary.
Despite the shock provoked by the Snowden revelations, mass surveillance is still a reality in the EU. However, over the past few years, it has been possible to observe a gradual constitutionalization of these practices. This Article maps the ongoing process of progressively defining the constitutional limits and societal affordances of mass surveillance in the EU by focusing on the three main actors who contribute to it. First, this Article presents civil society as the propeller of this trend. Civil society not only advocated for a ban on general surveillance systems in the aftermath of the Snowden revelations, but also promoted a series of strategic litigations to challenge state surveillance practices at national and EU levels. Second, it analyses CJEU case law as the main constitutionalizing engine of this process. The Court pragmatically ascertained that an absolute prohibition of mass surveillance did not appear to be a realistic solution and put significant effort into actively defining the legal boundaries of these practices by striving to find an equilibrium between Member State interests and citizens’ fundamental rights. Third, it considers the approaches taken by national legislators to be a slowing factor. States are still reluctant to incorporate the constitutional standards progressively developed by courts despite the now significant body of judicially created parameters in the field.
Since the Revolution of Dignity, civil society has become a major stakeholder in Ukraine's multiple reform processes. Judicial reform has been particularly salient as it aims to transform the country’s judiciary, long plagued by interrelated problems of political dependence, oligarchic capture, and internal corruption, into an autonomous guarantor of the rule of law. This Article examines how Ukrainian civil society has developed into an informal institution in Ukraine’s judicial reform. Building upon an overview of judicial reform efforts in Ukraine and a general theoretical framework of informality, this contribution studies how Ukrainian civil society influences the reform process, using the example of the country’s Constitutional Court. We argue that civil society has become an influential informal institution which plays an increasingly important role in judicial reform in Ukraine.
Civil society actors play a crucial role in ensuring that breaches of environmental law are identified and reported to the bodies responsible for compliance. Nevertheless, civil society groups face severe limitations in respect of access to justice in environmental matters. In the European context, the literature concerning opportunities for legal mobilisation has long focussed on mobilisation efforts in relation to European Union environmental law, largely via national legal systems or the European Court of Justice (CJEU). Relatively underexplored, however, has been the role of (non-)compliance systems outside the EU’s institutional structure, operating with a similar geographical scope. In particular, the potential of the Convention on European Wildlife Conservation (1979) and its corresponding (non-)compliance mechanism has thus far been overshadowed by academic discourse on the mechanisms of the EU. The chapter argues that while the looming shadow of CJEU judgments lends an indispensable lever to NGOs seeking to protect biodiversity, less confrontational and civil society-oriented compliance mechanisms provide important additional avenues for legal mobilisation.
The human rights movement is by no means uniform and a series of challenges, both within the movement and in respect of its role as a political actor, have become more pronounced with the increasing power of human rights and its advocates. This development has cast the light on human rights advocates, such as NGOs, and has raised questions both of legitimacy – who are you to make claims in the name of human rights or on behalf of certain people? Are you living up to human rights principles in your own practice? – and effectiveness – are you really making the positive difference in people’s lives you claim to make? Responses to these challenges testify to a growing self-awareness and critical assessment of the nature of human rights work, which includes an evaluation of the efficacy of strategies used to promote and protect human rights. Inevitably, human rights advocates are increasingly drawn into the political domain and are faced with the difficult task of marrying principle with pragmatism. This chapter explores the tensions arising in these contexts and assesses the strategies used by human rights actors, namely documentation, human rights reporting, advocacy, awareness-raising, training and education and, where relevant, litigation
By following the Western mainstream theory on state–nonprofit relations, nonprofit research on developing countries usually overlooks the influence of political parties on nonprofits. However, political parties, particularly the ruling party, often decisively determine the development of the nonprofit sector in those societies. This article proposes a special model to analyze the state–nonprofit relations in the countries where a sole ruling party monopolizes the government. The model is applied in the one-party state of China to exemplify how the ruling Chinese Communist Party has fundamentally shaped the state–nonprofit relationship there in past decades. The article concludes with discussion about the model’s potentials and limitations.
This chapter introduces a self-development theory of the nonprofit sector, informed by alternative development and basic-needs theory. The theory presented in this chapter suggests that nonprofit law plays a role in creating a legal framework that allows people to participate in the improvement of their own lives and communities through self-development. With a nonprofit-friendly legal environment in place, individuals have greater economic incentive to work within their own communities to create organizations that help individuals, families, and communities to meet their own needs. This paradigm stands in contrast to views of nonprofit organizations as facilitators of rescuing behavior, in which one group of people seeks to uplift another. Based on cases in Nigeria and South Africa, this paper describes the role and importance of nonprofits in facilitating the development of individuals, institutions, and communities from within.
Chapter 3 analyses how evidence has become a central element of the FCTC regime (2005–present). Section 3.1 captures the most important developments since the conclusion of the FCTC in 2003. Section 3.2 provides the theoretical framework of the chapter, focusing on the concept of path dependence in international organisations. Section 3.3 proceeds by showing that the development of the guidelines by the FCTC Conference of the Parties (COP) has been in effect a continuation of the strategy on evidence. Section 3.4 in turn highlights the second facet of the FCTC as an evidence-based regime, that is how the FCTC has mobilised new evidence at the national level. Sections 3.5 and 3.6 reflect on the consequences that the evidence-based approach has had on the outlook of the FCTC regime. Section 3.5 uses in-depth qualitative analysis to demonstrate that the evidence-based approach has reinforced the importance of the expertise of civil society organisations. Finally, Section 3.6 illustrates how the evidence-based approach has started to show its shortcomings in the work of the FCTC COP – particularly in the approach to new products like e-cigarettes (or ENDS) and in the (lack of) development of strategies to foster the implementation of tobacco control measures.
The chapter is devoted to the relationship between power and the cultural arena. The importance of public discourse, its requirements and limits, is illustrated. Gramscis notions of hegemony and dominance are applied, with modifications, to our analysis of power. The role of the masses is discussed, together with the notion of totalitarianism and the importance of culture in dictatorial regimes such as the fascist and Nazi ones. Different notions of civil society, as contrasted to the state, and its role are considered, then religion as a charismatic-traditional form of power. Technocratic knowledge leads to a discussion of the role of the elites. Specialization is counterposed to general culture, recalling the debate on the two cultures (literary culture and social culture, Snow) or the three cultures (also including the humanities) and the importance of interdisciplinary culture and research. Positive and negative aspects of the new social media (Blogs, Twitter, WhatsApp, etc.) are illustrated, with cautions against the risks of corruption of the social discourse.
Weaponising Evidence provides the first analysis of the history of the international law on tobacco control. By relying on a vast set of empirical sources, it analyses the negotiation of the WHO Framework Convention on Tobacco Control (FCTC) and the tobacco control disputes lodged before the WTO and international investment tribunals (Philip Morris v Uruguay and Australia – Plain Packaging). The investigation focuses on two main threads: the instrumental use of international law in the warlike confrontation between the tobacco control advocates and the tobacco industry, and the use of evidence as a weapon in the conflict. The book unveils important lessons on the functioning of international organizations, the role of corporate actors and civil society organizations, and the importance and limits of science in law-making and litigation.
Western intellectual sources have dominated the social sciences to an extent that most definitions originate from a Eurocentric meaning system; words like urban, wild, nature, and culture being no exception. This paper interrogates and makes a critical assessment of what urban may mean in a non-western context, taking Delhi, the capital of India, as an example. It demonstrates that the meaning of a phrase, ‘being urban’, can only be understood in its historical, social/cultural, and political context; that the notion of a civil society, and meaning of terms such as public and private may be contextualized in varying moral universes and value systems to mean quite different things in different contexts. Overall the paper seeks to illuminate the futility of monolithic and reductionist constructs and value of situational and ethnographically constructed meanings of social and cultural phenomena. It demonstrates that even dichotomies like urban/non-urban are fuzzy and fluid, given the actual situation of real cities and their population; that a city is not defined by structure alone but by the people who live in it.
In June 2023, the OECD published ‘targeted updates’ to the newly renamed OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. This piece examines some of the most significant updates from the perspective of civil society. The majority of the updates strengthen the authoritative international standards on responsible business conduct; for example, by addressing new and important topics, such as climate change, and clarifying expectations on established due diligence concepts. Meanwhile, the revised implementation procedures suggest progressive measures for governments to strengthen their National Contact Points, but largely do not require specific improvements. This piece discusses the strengths and shortcomings of these changes and assesses the impact of the updates on international norms.
The chapter gives a detailed account of inter-state corporations in combatting cybercrime and its limitations. The chapter situates the current negotiations of a new legal instrument to counter cybercrime within the UN’s historical framework of efforts to enhance co-operation against general organised crime and cybercrime. In particular, it analyses the main issues that have held back progress in enhancing co-operation. It then proceeds to examine the current negotiation process and the prospects for effective co-operation once the negotiations come to an end, highlighting the potentially impactful legal implications of the work of the UN ad hoc committee on cybercrime.