CEU Electronic Theses and Dissertations, 2024
| Author | Fujioka, Yu |
|---|---|
| Title | The Rise of the Transnational Public Spheres? Civil Solidarity in International Law |
| Summary | Since the conclusion of the Cold War, international law has faced a significant turning point. This is evidenced by the efforts of civil society to promote the creation of new international treaties and to engage in treaty-making in collaboration with states, particularly in the realm of international disarmament law, which had been drafted at the initiative of states and in which states exert considerable influence. The author examines the advent of this new era in international law and inquires as to the extent to which the influence of citizens is reflected in international law. Additionally, the author considers the conditions required to translate citizens' movements into international legal instruments and whether this trend will be temporary or whether citizens will continue to influence international law as a new actor in the future. Chapter 1 sets out to elucidate the concept of the public sphere, commencing with Habermas' theory of the public sphere, which constitutes this study's foundational element. Chapter II endeavors to apply the public sphere theory to transnational contexts. Chapter 3 focuses on NGOs, which are engaged in treaty-making in collaboration with states in the field of international law. It not only discusses the subjectivity of NGOs and their role in international law but also relates it to civil society theory. Chapters 4 and 5 provide case studies. Chapter 4 examines the Anti-Personnel Mine Ban Treaty and the Convention on Cluster Munitions, while Chapter 5 considers the Nuclear Weapons Convention. These chapters discuss the empirical involvement of international citizen networks in treaty formation. The discussion reveals that the key to the formation of the treaty was the focus of civil societies on the inhumanity of weapons and the urging of states to change their policies. It further suggests that these groups worked strategically in cooperation with middle powers and others who sympathized with the need for disarmament. At the same time, the thesis argues that the two seemingly unrelated disciplines of international law and the public sphere provide valuable insights, particularly when discussing the legitimacy of civil society's formation of legal norms within the international community. In this sense, they are strongly related. It also asserts that civil society's involvement in the formation of international society's legal norms is essential for considering global peace and stability from a supranational perspective. |
| Supervisor | Iordachi, Constantin |
| Department | History MA |
| Full text | https://www.etd.ceu.edu/2024/fujioka_yu.pdf |
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