Accountability Across Borders

Collecting the diverse perspectives of scholars, labor organizers, and human-rights advocates, Accountability across Borders is the first edited collection that connects studies of immigrant integration in host countries to accounts of transnational migrant advocacy efforts, including case studies from the United States, Canada, and Mexico. Covering the role of federal, state, and local governments in both countries of origin and destinations, as well as nongovernmental organizations (NGOs), these essays range from reflections on labor solidarity among members of the United Food and Commercial Workers in Toronto to explorations of indigenous students from the Maya diaspora living in San Francisco. Case studies in Mexico also discuss the enforcement of the citizenship rights of Mexican American children and the struggle to affirm the human rights of Central American migrants in transit. As policies regarding immigration, citizenship, and enforcement are reaching a flashpoint in North America, this volume provides key insights into the new dynamics of migrant civil society as well as the scope and limitations of directives from governmental agencies.

The growth of pollution that crosses national borders represents a significant threat to human health and ecological sustainability. Various international agreements exist between countries to reduce risks to their populations, however there is often a mismatch between national territories of state responsibility and transboundary hazards. All too often, state priorities do not correspond to the priorities of the people affected by pollution, who often have little recourse against major polluters, particularly transnational corporations operating across national boundaries. Drawing on case studies, The New Accountability provides a fresh understanding of democratic accountability for transboundary and global harm and argues that environmental responsibility should be established in open public discussions about harm and risk. Most critically it makes the case that, regardless of nationality, affected parties should be able to demand that polluters and harm producers be held accountable for their actions and if necessary provide reparations.

This edited volume analyzes recent key developments in EU border management. In light of the refugee crises in the Mediterranean and the responses on the part of EU member states, this volume presents an in-depth reflection on European border practices and their political, social and economic consequences. Approaching borders as concepts in flux, the authors identify three main trends: the rise of security technologies such as the EUROSUR system, the continued externalization of EU security governance such as border mission training in third states, and the unfolding dynamics of accountability. The contributions show that internal security cooperation in Europe is far from consolidated, since both political oversight mechanisms and the definition of borders remain in flux. This edited volume makes a timely and interdisciplinary contribution to the ongoing academic and political debate on the future of open borders and legitimate security governance in Europe. It offers a valuable resource for scholars in the fields of international security and migration studies, as well as for practitioners dealing with border management mechanisms.

This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights.

A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.

Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Measuring government effectiveness is essential to ensuring accountability, as is an informed public that is willing and able to hold elected officials and policy-makers accountable. There are various forms of measurement, including against prior experience or compared to some ideal. In Yardstick Competition among Governments, Pierre Salmon argues that a more effective and insightful approach is to use common measures across a variety of countries, state, or other relevant political and economic districts. This facilitates and enables citizens comparing policy outputs in their own jurisdictions with those of others. An advantage of this approach is that it reduces information asymmetries between citizens and public officials, decreasing the costs of monitoring by the former of the latter -along the lines of principal-agent theory. These comparisons can have an effect on citizens' support to incumbents and, as a consequence, also on governments' decisions. By increasing transparency, comparisons by common yardsticks can decrease the influence of interest groups and increase the focus on broader concerns, whether economic growth or others. Salmon takes up complicating factors such as federalism and other forms of multi-level governance, where responsibility can become difficult to disentangle and accountability a challenge. Salmon also highlights the importance of publics with heterogeneous preferences, including variations in how voters interpret their roles, functions, or tasks. This results in the coexistence within the same electorate of different types of voting behavior, not all of them forward-looking. In turn, when incumbents face such heterogeneity, they can treat the response to their decisions as an aggregate non-strategic relation between comparative performance and expected electoral support. Combining theoretical, methodological, and empirical research, Salmon demonstrates how yardstick competition among governments, a consequence of the possibility that citizens look across borders, is a very significant, systemic dimension of governance both at the local and at the national levels.

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

When the existence of several jurisdictions (countries, regions, or cities) is acknowledged, the possibility arises that citizens compare what obtains in their own jurisdiction to what obtains in others. These cross-jurisdiction or yardstick comparisons can have an effect on citizens' support of incumbents (yardstick voting) and, as a consequence, an effect on governments' decisions, making them interact (political yardstick competition proper). Both effects have been mainly studied in the context of federalism and decentralization, with the policy variables concerned being mostly fiscal (taxes and expenditures). In that relatively simple setting, the two effects have been confirmed empirically. This text aims to document and analyze that achievement and also to extend the analysis to broader settings in terms of jurisdictions and policy domains.