Papers by Ciprian N . Radavoi
Futures, 2021
Institutions for future generations (IFGs) have lately become the subject of intense academic and... more Institutions for future generations (IFGs) have lately become the subject of intense academic and political debate. That some had a short life prompted discussion about IFGs' durability; indeed, to deliver any result at all, an institution first has to exist. One hurdle to the creation and survival of IFGs underlined in numerous studies is the lack of democratic legitimacy of an institution having power to limit the options of living generations in order to protect the presumed interests of future generations. Accordingly, there is some agreement that IFGs should be resumed, but with a foresight rather than decision making role. However, even in this benign form, IFGs are not safe from the vagaries of politics, unless they are constitutionally entrenched. We argue that referenda for amending the constitution to make room for the IFGs may succeed, through shaping citizens horizons of expectation, mobilisation of 'good' patriotism (or 'civic/liberal nationalism') among the citizenry, and a communications strategy of bonding past decisions, present challenges, and future prospects.
Journal of Human Rights, 2021
Large-scale lockdowns imposed in response to the Covid-19 pandemic may amount to a breach of the ... more Large-scale lockdowns imposed in response to the Covid-19 pandemic may amount to a breach of the right to work in its quantitative component: the right of everyone to have at least the opportunity to find a job. Given the current diminution of the job market with the advent of artificial intelligence, and taking into account the systemic risks to employment in the global economy, the right to work's "minimum core"-a concept enshrined in the social, cultural, and economic rights doctrine-could be affected by policies leading to mass unemployment. Even if lockdowns do not affect the core of the right to work, to be acceptable, they must be the least restrictive policies required by the circumstances, which has to be decided by a careful balancing of the alternatives. This article argues that countries that chose to "go early and go hard" might have circumvented the balancing requirement.
Beijing Law Review, 2014
In the half-century-old debate on disciplining the overseas behavior of transnational companies i... more In the half-century-old debate on disciplining the overseas behavior of transnational companies in fields like human rights and the environment, emerging economies’ potential as capital exporter states is largely ignored: they are usually perceived as the problem, rather than a solution provider. When they take action, usually with the aim of enhancing their reputation globally, they limit it to voluntary codes and recommendations to their overseas investors, like China did during the recent years. This article explores, through an interdisciplinary approach blending public relations, international relations and socio-doctrinal legal analysis, China’s negative and affirmative motivations for moving ahead and taking regulatory steps in disciplining its investors’ behavior. Practical (reputational) and ethical factors are analyzed, leading to the conclusion that China has strong motivators for taking action in the actual international context. The country’s policy makers can put them ...
At the beginning of the present decade, China has shown preoccupation with its overseas investors... more At the beginning of the present decade, China has shown preoccupation with its overseas investors’ behaviour in fields like labour, human rights or the environment. Comprehensive, OECD-style environmental, social and governance standards were issued in 2012 by the overseas contractors’ association. One year later, however, the government issued specific, sectorial guidelines for the field of environmental protection only. The divide between industry associations’ approach, favouring comprehensive CSR, and the state’s, paying more attention to the field of environment in its guidelines for overseas operations, is also visible in other normative documents. This chapter focuses on the fields of contracting and mining, as among the most prone to environmental and social wrongdoing by corporations. It first reveals the different CSR approaches at government and industry level as paradoxical, since in China, the government is behind the business associations. The chapter then explains the...
China and WTO Review, Mar 1, 2016
In 1999, Professor Philip Nichols argued that FCPA-style home country laws are efficient in comba... more In 1999, Professor Philip Nichols argued that FCPA-style home country laws are efficient in combating transnational bribery, unlike host country regulation and corporate selfregulation. Observing feeble results obtained in 15 years of OECD Anti-bribery Convention, we find arguments for amending this assertion; home countries, aside from enforcing their own laws banning foreign bribery, should reconsider the classical ways of fighting transnational corruption, by helping host governments in their anti-corruption efforts and by encouraging their own corporations to join international dialogic webs. After presenting an original analysis of the reasons behind the limited impact of FCPA-style action, we would then further argue for the two alternative solutions backed by home states, looking respectively at the spectacular results of the anti-corruption campaign in Romania with US support, and at China's recent position that her corporations should adhere to international private standards on foreign bribery.
Institutions for future generations (IFGs) have lately become the subject of intense academic and... more Institutions for future generations (IFGs) have lately become the subject of intense academic and political debate. That some had a short life prompted discussion about IFGs' durability; indeed, to deliver any result at all, an institution first has to exist. One hurdle to the creation and survival of IFGs underlined in numerous studies is the lack of democratic legitimacy of an institution having power to limit the options of living generations in order to protect the presumed interests of future generations. Accordingly, there is some agreement that IFGs should be resumed, but with a foresight rather than decision making role. However, even in this benign form, IFGs are not safe from the vagaries of politics, unless they are constitutionally entrenched. We argue that referenda for amending the constitution to make room for the IFGs may succeed, through shaping citizens horizons of expectation, mobilisation of 'good' patriotism (or 'civic/liberal nationalism') among the citizenry, and a communications strategy of bonding past decisions, present challenges, and future prospects.
AbOriginal, 2020
First Peoples in Australia have rejected a constitutional statement of recognition, preferring in... more First Peoples in Australia have rejected a constitutional statement of recognition, preferring instead a constitutional "Voice." I look back at the discarded solution and I discuss its opportunity (would constitutional recognition really have meant surrender?), feasibility (would it really have not gathered enough votes at the referendum?), and necessity.
Texas Journal on Civil Liberties & Civil Rights, 2020
The neoliberal paradigm that glorifies technological advancement downplays the pernicious impacts... more The neoliberal paradigm that glorifies technological advancement downplays the pernicious impacts of Artificial Intelligence (“AI”) on the foundational values of Western democracies. This essay reviews the current and near-future impacts of AI on values like freedom, rationality, and the rule of law, joining the efforts of academics, policy makers, and concerned citizens who in recent years have tried—not quite successfully—to raise awareness of the necessity of a genuine debate on our technological future. As such, the paper combines ontology and advocacy.
International Journal of Cultural Policy, 2019
This paper examines the potential for cultural policy to shape sustainable development in the con... more This paper examines the potential for cultural policy to shape sustainable development in the context of expectations arising from research and policy work on development. We use, as the basis of a critique, the categorisation of the relationship between culture and sustainable development proposed by a major study funded by the European Union, being emblematical of how researchers and policymakers understand this relationship. The critique highlights a need for multiscalar social change, towards revaluing relations with the natural world, and reforming social relations between producers and consumers. This paper locates cultural policy as an arm of governance, with the capacity to lead social change across several inter- dependent pathways (revaluing technological change; fostering an aesthetic appreciation and environmental ethical consciousness; and pro- social behaviour) alongside the development of more sophisticated governance frameworks. The paper further proposes that through (re)education, cultural policy can and should play a more active role in shaping social change.
Romanian Review of Political Science and International Relations, 2015
The purpose of the research was to reveal the hidden ingredients that can make migration successf... more The purpose of the research was to reveal the hidden ingredients that can make migration successful in a European society prone, to immigrant phobia. The case of the Chinese migration to Romania was studied as an apparently paradoxical one: with all the factors that normally trigger immigrant phobia in place, the coexistence of the dominant and migrant group is peaceful. The study was conducted as a quantitative research meant to test the hypothesis that the positive attitude of Romanians towards Chinese migrants is influenced by their early and exclusive contact with the Chinese imported goods, during the Communist dictatorship of Ceausescu. In turn, the hypothesis was derived by using theories, secondary data and the author's previous knowledge. Data on both independent and dependent variables were collected by a poll financed with the author's own funds and done by a specialized institute, and then analyzed using SPSS to test the degree of correlation and signification. The results proved relevant and they are further discussed in a socio-psychological analytical frame, leading to the conclusion that previous contacts with trade as a vector of a culture soften the interaction with migrants linked to that culture.
South Carolina Journal for International Law and Business, 2016
Communities that do not consent to noxious environmental projects have access to negotiation and ... more Communities that do not consent to noxious environmental projects have access to negotiation and mediation as alternative dispute resolution (ADR) tools. The absence of arbitration from the list of available ADR mechanisms cripples the process of investor-community engagement. This paper proposes "Community-Investor Environmental Arbitration" (CIEA) as prospective interest arbitration meant to establish long-term agreement between the parties to contentious environmental projects, similar to the role played in the U.S. by arbitration used in cases of deadlocks in collective labor agreement bargaining. The first part of the paper discusses normative, procedural, and instrumental factors that make CIEA desirable; also, it details its technicalities such as jurisdiction, applicable law, and procedures. In the second part, the paper suggests solutions for overcoming the likely rejection of CIEA by corporations. The solutions imply leveraging on values and interests at international organizations and/or government levels; as such, the paper gradually evolves from a transformative paradigm in the stage of problem identification, towards a pragmatic stance in the solution it proposes.
Responsible Business in a Changing World (Springer), 2020
In the early 2010s, China became preoccupied with its overseas investors' behaviour in fields lik... more In the early 2010s, China became preoccupied with its overseas investors' behaviour in fields like labour, human rights or the environment. Comprehensive, OECD-style environmental, social and governance standards were issued in 2012 by the overseas contractors' association. One year later, however, the government issued specific, sectorial guidelines for the field of environmental protection only. The divide between industry associations' approach, favouring comprehensive CSR, and the state's, paying more attention to the field of environment in its guidelines for overseas operations, is also visible in later normative documents. This chapter first reveals the different approaches at government and industry level as paradoxical, since in China, the government is behind the business associations. The paper then explains the differences using a theoretic framework that combines sociological neo-institutionalism, with its focus on isomorphism and mechanical alignment to taken-for-granted models, with more recent theories focused on agency. In this context, the suspicion of decoupling, i.e. adoption of policies that look good without a real intent of implementing them, is discussed.
Pace International Law Review, 2017
Two relatively recent factual elements are the basis of this Article:
the 2017 revision of the Un... more Two relatively recent factual elements are the basis of this Article:
the 2017 revision of the United Nations’ Population Prospects,
showing a world population increase of around 50% by 2100, and
Turkey’s President Erdogan’s call for the Turks living in Western
Europe to “have five children” in order to become the future of the
continent. The statement substantiates one of the negative impacts
of overpopulation—that on international relations and regional
balances of power. This Article argues that (1) Erdogan’s
incitement to increased procreation abroad qualifies as an
internationally wrongful act of Turkey; (2) excessive procreation
within national boundaries could qualify as an internationally
wrongful act; and (3) although without legal consequences on the
perpetrating countries, such a qualification has at least the potential
of igniting a renewed debate on the issue of overpopulation. In this
context, one way forward as a matter of global policy on the now stalled debate on population is suggested.
Chinese Journal of Comparative Law, 2017
The idea of a consolidated, unique registry for all types of movable securities at the national l... more The idea of a consolidated, unique registry for all types of movable securities at the national level has recently surfaced in Chinese academia and policy-making circles. This would align China with the global trend towards the adoption of national, unique registries , a solution in conformity with the one proposed in the United Nations Commission on International Trade Law's Model Law on Secured Transactions, issued in 2016. In Europe, the consolidated national registry was embraced with varied degrees of enthusiasm. One country where it was successful is Romania, which adopted an original model: notice (simplified) registration, but with filings performed by a capillary system of operators and agents, under the supervision of the Ministry of Justice. This article introduces the Romanian national registry for movable securities in a functional comparative perspective, as a potential source of legal transplant for the Chinese legal market. Adaptation to local conditions requires that the place of operators and agents in the Romanian model be taken in China by the commercial banks.
Journal of International and Comparative Social Policy, 2018
Like all other multilateral development banks, the Asian
Infrastructure Investment Bank (AIIB), w... more Like all other multilateral development banks, the Asian
Infrastructure Investment Bank (AIIB), which approved its first loan
in November 2016, has adopted Environmental, Social and
Governance (ESG) policies. Treating the text as Chinese discourse
and using Critical Discourse Analysis as methodological tool, this
article unveils socio-political interests beyond its contents and
semiotics. We identify areas where the AIIB policies are
intertextual with the ones that inspired them, namely those of the
World Bank and the regional multilateral development banks, but
also important departures from their discursive practice, reflecting
the legal culture and strategic interests of AIIB’s founders. Both
appropriation and colonisation of ‘classical’ ESGs by the AIIB ones
lead to reflection on social wrongs associated with development,
and suggest solutions for turning development safeguards into
meaningful instruments
Texas International Law Journal, 2018
Environmental Law Review, 2014
The lack of accountability of transnational corporations (TNCs) for any harmful behaviour in the ... more The lack of accountability of transnational corporations (TNCs) for any harmful behaviour in the fields of environment, labour and human rights is a concern for the global community. Despite various attempts, neither the United Nations nor the home or host countries of most TNCs have so far provided any effective, binding solutions. This article argues that an important reason for the lack of advancement in introducing greater accountability is because issues such as workers’ rights, the environment and human rights are often discussed together. A new approach, one that is solely focused on protecting the environment, is desirable especially with the rise of new capital exporters. In 2013, China detached the issue of the environment from those of workers’ or human rights, in its attempt to tackle overseas corporate wrongdoing. Its environmental guidelines are worth emulating, but it lags behind in areas such as human rights. Analysing the position of the environment among the other fields involved in the debate, we first identify several theoretical reasons for detaching the former from an international law perspective. We then provide a comparative functional analysis of four extraterritorial corporate social responsibility Bills – those in the United States (2000), Australia (2000), the United Kingdom (2002) and Canada (2009) – all of which were rejected by their national parliaments. This lends additional support to the thesis that including the environment with other targeted fields stands in the way of home countries improving the environmental behaviour of their overseas corporations.
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Papers by Ciprian N . Radavoi
the 2017 revision of the United Nations’ Population Prospects,
showing a world population increase of around 50% by 2100, and
Turkey’s President Erdogan’s call for the Turks living in Western
Europe to “have five children” in order to become the future of the
continent. The statement substantiates one of the negative impacts
of overpopulation—that on international relations and regional
balances of power. This Article argues that (1) Erdogan’s
incitement to increased procreation abroad qualifies as an
internationally wrongful act of Turkey; (2) excessive procreation
within national boundaries could qualify as an internationally
wrongful act; and (3) although without legal consequences on the
perpetrating countries, such a qualification has at least the potential
of igniting a renewed debate on the issue of overpopulation. In this
context, one way forward as a matter of global policy on the now stalled debate on population is suggested.
Infrastructure Investment Bank (AIIB), which approved its first loan
in November 2016, has adopted Environmental, Social and
Governance (ESG) policies. Treating the text as Chinese discourse
and using Critical Discourse Analysis as methodological tool, this
article unveils socio-political interests beyond its contents and
semiotics. We identify areas where the AIIB policies are
intertextual with the ones that inspired them, namely those of the
World Bank and the regional multilateral development banks, but
also important departures from their discursive practice, reflecting
the legal culture and strategic interests of AIIB’s founders. Both
appropriation and colonisation of ‘classical’ ESGs by the AIIB ones
lead to reflection on social wrongs associated with development,
and suggest solutions for turning development safeguards into
meaningful instruments
the 2017 revision of the United Nations’ Population Prospects,
showing a world population increase of around 50% by 2100, and
Turkey’s President Erdogan’s call for the Turks living in Western
Europe to “have five children” in order to become the future of the
continent. The statement substantiates one of the negative impacts
of overpopulation—that on international relations and regional
balances of power. This Article argues that (1) Erdogan’s
incitement to increased procreation abroad qualifies as an
internationally wrongful act of Turkey; (2) excessive procreation
within national boundaries could qualify as an internationally
wrongful act; and (3) although without legal consequences on the
perpetrating countries, such a qualification has at least the potential
of igniting a renewed debate on the issue of overpopulation. In this
context, one way forward as a matter of global policy on the now stalled debate on population is suggested.
Infrastructure Investment Bank (AIIB), which approved its first loan
in November 2016, has adopted Environmental, Social and
Governance (ESG) policies. Treating the text as Chinese discourse
and using Critical Discourse Analysis as methodological tool, this
article unveils socio-political interests beyond its contents and
semiotics. We identify areas where the AIIB policies are
intertextual with the ones that inspired them, namely those of the
World Bank and the regional multilateral development banks, but
also important departures from their discursive practice, reflecting
the legal culture and strategic interests of AIIB’s founders. Both
appropriation and colonisation of ‘classical’ ESGs by the AIIB ones
lead to reflection on social wrongs associated with development,
and suggest solutions for turning development safeguards into
meaningful instruments