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Solidarity is generally emphasized as a social good, particularly by international lawyers keen to stress its integrative function for the international community. This chapter will explore the possibility that solidarity might, on the contrary, occasionally be unwelcome, understood as both objectively and subjectively undesirable. Solidarity constructs certain social bonds through “imaginaries of solidarity” (who one imagines oneself to be in solidarity with) in ways that may be problematic. The chapter will examine different sites of international solidarity, including the inter-state and the transnational. It will distinguish between solidarity that is unwelcome on account of its effects (when solidarity actually makes things worse), on account of who it is offered by (the “intuitu personae” of solidarity), and on account of the burden of gratitude it creates (as part of an economy of gift and counter-gift). Overall, the chapter will refocus attention away from obligations to provide solidarity in favor of a more nuanced appreciation that not all solidarity is equally opportune. It also hopes to be a contribution to understanding what might be welcome solidarity based on a renewed understanding of its non-welcome variant.
This chapter distinguishes solidarity as a legal concept (LS) from solidarity as a social practice (SP). It matters for our understanding of the law to reflect on how, when and why law is able to interact with solidaristic practices. Section 1.1 explores the distinction. Section 1.2 stresses the ubiquity of solidarity in the law, from the traditional private law understanding of obligatio in solidum, to solidarity as a cohesive social force, to solidarity as a source of state duties. Section 1.3 shows that, despite its omnipresence, solidarity is an underinvestigated legal concept. Section 1.4 offers a typology of interactions between SP and the law, to show the many ways in which legal scholars may relate to SP. I list several types of interaction, and object to one. I argue that law cannot command us to act solidaristically since solidarity presupposes an intimate form of identification with others. But law may disrupt solidarities, sometimes in morally justified ways; it may compensate for the failing solidarity, recognizing and integrating it; and it may foster solidarity by its status-generative function, albeit merely in an indirect and not often controllable way.
In this paper, I discuss the possibilities of transnational worker solidarity, with a focus on the potential of digital communication that became normalized during the Corona pandemic. I draw on Sally Scholz’s distinction between different types of solidarity and argue that historical forms of worker solidarity were often a combination of social and political forms of solidarity, in concrete local settings responding to concrete local problems. I also draw on economic and psychological considerations for explaining how these constellations helped bring about solidaristic action. I then provide arguments for why, despite various reasons for pessimism, transnational worker solidarity is, today, needed maybe more than ever. New digital technologies and the social habits that are developing around them have the potential to give a new impulse to transnational worker solidarity, because they can create levels of connectedness and trust that are closer to those experienced by certain historical worker communities, for whom social and political solidarity overlapped. But these opportunities can often not be grasped because of legal obstacles. Therefore, I conclude by postulating that workers should have a right to “know their colleagues” along value chains, allowing those who work together to connect in ways that potentially lead to solidaristic action.
This chapter examines prominent solidarity conceptions used in legal discourses in the context of unfair economic arrangements, typically associated with neo-liberalism. It finds that prominent solidarity conceptions are from a legal theory perspective either circular, redundant, or too aspirational. The conceptual shortcomings of solidarity are echoed in standard policy proposals to counter and unwind neo-liberal economic arrangements. Those proposals typically involve imposing new legal duties on dominant economic actors and states, making their effectiveness depend on adopting new national, regional and international laws, on compliance by dominant economic actors, and on enforcement by legal authorities. The proposals imply that the normative resources for change lie outside existing law. This chapter explores an alternative understanding of law based on existing positive law: law as a public service. Dominant economic actors rely on law as a public service. They need legal authorities, especially judges, to declare their neo-liberal economic arrangements legally valid and enforceable. Positive law already offers judges the normative resources to refuse the help of the law whenever neo-liberal economic arrangements structurally lack minimal reciprocity and fairness. Rather than waiting for a global social solidarity movement, judges of Western civil and commercial courts can already make a difference.
This chapter systematically teases out and reflects on the antinomies and aporias that characterize each of two broad sets of international human rights solidarity argumentation. These are the broadly shared discourses on the issue that emanate in each case from the Global North and Global South. Why do Global North States tend to accept and focus on binding international human rights obligations in the civil and political (CP) rights area, while demurring regarding similarly mandatory legal duties to express international solidarity in regard to economic and social (ES) rights? And why do Global South countries tend to argue in favor of such binding obligations with regard to ES rights but not nearly as much regarding CP rights? The chapter is mainly concerned with the rather ironic circulation and eclipsing of relevant antinomies and aporias in plain sight; their relationships to state sovereignty argumentation; and their connections to global power relations as ideationally constitutive forces. In the last respect, the key question is what the relative roles of values/norms in international human rights solidarity argumentation are, vis-à-vis global power relations. And these questions should highlight for scholars the imperative to track internationalist praxis over the longue durée.
This chapter explores the relevance of the Christian tradition to contemporary debates on solidarity in international law and human rights. It positions the genealogy of solidarity within early Christian writings in which the western theological concepts of suffering, love, and salvation are detailed. Linking the Pauline doctrine and writings of early theologians to the processes of modernity – of which notions such as the West, the Global South, good neighborliness, and human rights are a part – the concept of solidarity is traced to a particularly Christian dynamic. As such, the promise of solidarity in international legal discourse, human rights discourse, and refugee discourse is considered as analogous to the way in which forms of messianism manifest themselves through a Christian logic of love, sacrifice, and debt.
Africa and Europe have had an economic partnership for decades, first around the notion of friendship, then, since the 2000s, around the idea of solidarity. Despite this moral rhetoric, Europe is sanctuarizing itself, cultivating an anti-migratory fantasy and working for a resolute control of African migration. This policy is formalized with the “readmission clause,” whereby certain African immigrants are being posed as unassimilable, undesirable and disposable because they are useless for the neoliberal productive order. Therefore, any flight from exploitation on the continent must be blocked. As this perspective has led to extensive violations and aroused criticism and opposition, this chapter proposes, no longer a hybrid ideology but care. By means of a reading of the history of ideas, we insist on the impasse of the perspective that rejects migration in the name of autochthony. We propose a utopia: to work for the access of all peoples to the general cycle of industrial civilizations; this will bring equality between peoples who will negotiate migrations, taking into account concrete forms of solidarity.
The advancement of technology has significantly altered the characteristics of remote work in general, and cross-border remote work in particular presenting complex regulatory challenges. These challenges, with their linkage to a large set of work arrangements and locations, involve among other matters coordinating the relationship between labor law and social security legislation. An increasing number of remote workers are now able to provide services across borders, to markets and countries where they or their employers have no physical connection. As there are more employment regulations to choose from, this increases the possibility for the employer to exploit lower labor standards in other countries and avoid responsibilities towards their workers. Analysis of the literature and jurisprudence in different cases shows that new interpretations of the place of work are brought forward with the view to better protect cross-border remote workers, both in Private International Law and in Labor Law, considering the increasingly virtual nature of the workplace. However, the principle of territoriality remains a strong argument in the hands of higher courts to limit evolution in that direction.
This chapter examines the relevance of sustainable development to regulation of remote work. It investigates various ways in which the sustainable development goals (SDGs) adopted in the UN 2030 Agenda can be relevant to remote work, offering a perspective that considers not only economic objectives but also the environmental and social pillars embedded in that instrument. It is argued that procedural aspects of sustainable development, such as the human right to freedom of association and effective collective bargaining together with the participatory governance mechanisms promoted by SDGs 16 and 17, will be important for the sustainability of remote work, in order to achieve just transitions which are both digital and green. The chapter then examines the significance of the international institutional response to sustainable remote work, both at the UN and the ILO. It considers the extent to which a corporate social responsibility (CSR) approach, which has ostensibly embraced sustainability, actually corresponds to UN and ILO standards that should govern remote work. It is suggested that this will only be possible if enhanced participatory engagement is enabled in the implementation of due diligence and just transition.
This article argues that the duties to protest and to listen to protest are central democratic obligations required for active citizenship. Section 1 sketches protest as communicative resistance. Section 2 argues that we always have a duty to listen to felicitous protests against injustice and that, under conditions of social uprising, we also have a duty to protest. Section 3 defends a view of protest participation that takes into account subjects’ positionality with respect to the injustice being protested, arguing for the special prerogatives of victims and the duties to defer and yield of non-victims within protest movements. Finally, Section 4 elucidates the notion of giving proper uptake to protest and what I call echoing a protest, that is, expressing communicative solidarity with that protest.
Solidarity is a fundamental concept in social sciences, explaining the motivation for collective action and understanding how social cohesion institutions are structured. Its conceptualization, however, is often taken for granted in solidarity economy literature. This article investigates its emergence in solidarity economy organizations and the transformation through practices and discourse in public policies. We conducted a qualitative single-case study of COOPERCENTRAL VR, a family farming cooperative center with 13 organizations in Brazil. In conclusion, we demonstrate the paths of solidarity in the construction of a new socioeconomic reality and the role of the relationship between civil society and governments in forming and maintaining this process. The organization is indicated as an essential factor in bonding subjects and society.
The proliferation of volunteering for development (V4D) models, approaches and funding sources means V4D is no longer able to be neatly located within the third sector. The enormous diversity of interactions within the Youth V4D (YV4D) field provides an opportunity to examine new and different activities and trajectories to ascertain the extent to which the traditional values of V4D, reciprocity and solidarity continue to form part of YV4D. Using the classical third sector model of Evers and Laville (The third sector in Europe, Edward Elgar, Cheltenham, 2004), and drawing on Polanyi (The great transformation: the political and economic origins of our time, Beacon Press, Boston, 2001 [1944]) and Mauss (The gift. The form and reason for exchange in archaic societies, Routledge, London, 1990 [1925]), in particular their concepts of redistribution and reciprocity, we present three case studies of new hybrid YV4D trajectories—university YV4D, state YV4D programmes, and volunteer tourism/voluntourism—to reveal the different logics and features of contemporary YV4D. We argue that understanding these contemporary YV4D trajectories requires a focus on organisational and stakeholder structures of diverse volunteering activities, their relational logics and the forms of reciprocity they involve. We find that in the YV4D case studies we explore the neoliberal market logic of exchange, along with political ideologies and state interests, affects the YV4D model design.
The article argues that closer attention to how solidarity is understood and expressed in different European contexts can shed light on the conditions for establishing a social and solidarity economy. Drawing on data collected within the H2020 SOLIDUS project, which explores current expressions of European solidarity, the comparative analysis covers three social economy initiatives, each representing a country with different political and economic context. The analysis focuses on solidarity as reciprocity and, in particular, how it is affected by such factors as actor motivations, internal participatory functioning, resource mix and political legitimacy. While further empirical work is needed, the findings suggest that solidarity as reciprocity produced by social and solidarity economy organisations thrives where political institutions are both supportive and trusted, where public funding is accessible, and where partnerships with relatively autonomous social and solidarity economy organisations are genuinely collaborative.
This paper questions how the EU Member States handled the 2015 migrant crisis. The EU Humanitarian Aid Policy allows the coexistence of unilateralism, partial delegation and full delegation. Consequently, each EU Member State can also act autonomously. The paper records first the presence of different behaviours among EU Member States in the field of humanitarian aid. Second, it finds a correlation between states’ concern for the defence of their sovereignty, facing the risk of ‘fragilisation’, and the propensity to solidarity. Third, this correlation between fragility and solidarity has a causal direction that corroborates the research hypothesis according to which the higher the state fragility, the less its solidarity. Fourth, the article categorises the EU Member States into four groups according to their generosity.
New divisions have emerged within the European Union over the handling of the recent migration crisis. While both frontline and favoured destination countries are called upon to deal with the number of migrants looking for international protection and better living conditions, no consensus has been reached yet on the quota‐based mechanisms for the relocation of refugees and financial help to exposed countries proposed by the EU. Such mechanisms pose a trade‐off for member states: the EU's response to the crisis offers help to countries under pressure, but it inevitably requires burden‐sharing among all EU members and a limitation of their national sovereignty. Within this scenario, the article compares how public opinion and political elites in ten different EU countries view a common EU migration policy grounded on solidarity and burden‐sharing. By tracing both within‐ and cross‐national patterns of convergence (and divergence), the article shows that contextual factors influence policy preferences, with support for solidarity measures being stronger in countries with higher shares of illegal migrants and asylum seekers. While individuals’ predispositions, identity and ideological orientations account for both masses’ and elites’ attitudes towards burden‐sharing measures, subjective evaluations and beliefs concerning the severity of the crisis provide additional and alternative explanations when looking at the public's preferences. In particular, it is found that concern about the flow of migrants to Europe consolidates the impact of contextual factors, whereas the overestimation of the immigrant population fosters hostility against solidarity measures, with both effects more pronounced as the country's exposure to the crisis increases. In the light of these results, the main implication of this study is that EU institutions have to primarily address entrenched beliefs and misperceptions about immigrants to enhance public support for a joint approach to migration.
This short article discusses how the COVID-19 crisis has affected solidarity. It starts by defining solidarity in such a way that it can be distinguished from other types of support and pro-social practice, and by arguing that solidarity can manifest itself at three different levels: at the inter-personal level, the group level, or at the level of legal and contractual norms. Drawing upon findings from two ongoing studies on personal and societal effects of the COVID-19 crisis, I then go on to argue that, while forms of inter-personal solidarity have been shifting even during the first weeks and months of the crisis, the importance of institutionalized solidarity is becoming increasingly apparent. The most resilient societies in times of COVID-19 have not been those with the best medical technology or the strictest pandemic containment measures, but those with good public infrastructures and other solidaristic institutions.
Italy was the first Western country to be severely affected by the COVID-19 pandemic. Within it, immigrants have played an important role as essential workers and throughout solidarity initiatives. The present article is based on 64 in-depth interviews with immigrants who engaged in solidarity actions directed toward the immigrant population and the host society during the COVID-19 pandemic. Analytically, it emerged that through solidaristic initiatives, immigrants articulated what we called ‘claims of recognition.’ Recognition here is considered in both its individual form, as interpersonal acceptance and esteem for single immigrants, and its collective form, as the social regard of immigrant groups as constituents of Italian society. Despite being perhaps 'elementary,' these claims aim to fight forms of both non-recognition and mis-recognition that are pervasive in Italy and aim to transform the symbolic 'fabric' of this country.
This article defends a set of three apparently mutually inconsistent claims and shows how they can and should be simultaneously held. First, that one of the most pressing normative problems we face is constituted by the wealth of opportunities for transnational domination—of states by other states, of states and individuals by supranational organizations and institutions as well as transnational corporations, of vulnerable individuals by powerful ones. Second, the most appropriate way to tackle this issue, far from being the implementation of a cosmopolitan agenda, is the strengthening of states and their problem-solving capacities. Third, this agenda toward the (re-)strengthening of states requires a demanding form of transnational solidarity, if one that significantly differs from more traditional liberal notions of cosmopolitan solidarity.
This article reviews the role of third sector organizations in the field of “proximity services” from a francophone perspective. We analyze how the new wave of initiatives inside the third sector in France and francophone Belgium can be seen as providing institutional responses to state and market failures that arise from trust-dependent and quasi-collective attributes of these services. These initiatives are often called “solidarity based third sector organizations”, a concept defined in this paper. A central assumption of this analysis is that the political context in which these services are delivered is especially important, particularly as reflected in the changing regulatory role of the state. This analysis takes, therefore, an economic sociology perspective.
This article presents the results of a two-year nationwide study presenting the structure and methodology utilized for the National Survey on Solidarity and Volunteer (ENSAV), one of the first national volunteer surveys ever undertaken in Mexico. This study is designed in two distinct segments to be able to engage all formal and informal volunteering in Mexico. The first segment is the analysis of a nationwide survey which presents the main data and findings plus the analysis of these numbers. The second segment reveals some of the main motivations that individuals have for giving and for participating both within and outside of group settings. The national nature of this research project reveals interesting patterns of volunteerism and citizen action by gender, location, and motivation, plus various forms of solidary participation that may be useful guides in the prevailing need to build and strengthen civil society organizations in Mexico and in this region of the world. These results provide an informed basis for decision making in the government public policy arena and reveal distinct and diverse ways for established CSOs to promote and enable citizens for more effective participation in community issues (Butcher, Springer, 2010).