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Human rights violations by ‘private’ transnational actors

Competition Commission had to decide whether the complainants had an actionable right of access to HIV medications against the firms GlaxoSmithKline and Boehringer Ingelheim. From a technical legal viewpoint, the claimants based their legal position on the point that the pharmaceutical firms had breached Art. 8(a) of the Competition Act 89 of 1998 by charging excessive prices for antiretrovirals, to the

in Critical theory and legal autopoiesis
The logics of ‘hitting the bottom’

spheres of autonomy within society. In today's changed conditions, new self-limitations are added to these classical limitations. On the one hand, fierce competition among Western industrialised states and the enforced modernisation politics of developing states have transformed the threat to the natural environment into an urgent problem of the political constitution, which can only be addressed through

in Critical theory and legal autopoiesis
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Democratic state, capitalist society, or dysfunctional differentiation?

) private interests patently does not lead to the most efficient or just allocation of resources in health, education, and housing. There is no centrally planned political solution to these 206 Critical theory and sociological theory issues, nor is it likely that the market will sort them out. If regulated and fair competition is needed in certain social systems, it is not a blanket remedy that will enhance the responsiveness of all of them. Access and integration need to be carefully considered in conjunction with systemic specificity. It is important to ask why, for

in Critical theory and sociological theory
Irritating nation-state constitutionalism

’arbitrage international at its apex. Detailed analyses of arbitration tribunals have identified a variety of such self-created constitutional norms of international arbitration. Private arbitration tribunals transform the property principle, freedom of contract, competition rules and human rights into positive norms that are part of a transnational public policy. 23 Corporate constitutionalism : A dynamic sector of

in Critical theory and legal autopoiesis
The many autonomies of private law

economy. Again, their operational autonomy – this needs to be stressed – remains untouched. But their contacts with the rest of society are filtered through economic mechanisms. The institutions governing public services are transformed into economic enterprises, guided by monetary mechanisms and exposed to market competition. Here is the irony. Having fought against the inefficient mismatches of public

in Critical theory and legal autopoiesis
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The milestones of Teubner’s neo-pluralism

differentiation of society’. 21 In this deconstructive perspective we have to adapt a transnational constitutionalism to the conditions of a double fragmentation of world society. While the first fragmentation insists on the constitutions of autonomous global social sectors that are ‘in competition with the constitutions of nation states’ the second fragmentation renders ‘utterly illusory’ the ‘unitary standards’ of a global constitution

in Critical theory and legal autopoiesis
On the sociological paradoxes of weak dialectical formalism and embedded neoliberalism

other, rather than with the state? Until one has at least approximate answers, one will not be in a position to assess accurately what neoliberalism signifies in socio-​economic, legal, polit­ ical, educational, and cultural terms.18 One will be left inconclusively wondering whether neoliberalism is the result of a series of deliberate decisions to make sure that integration stops at party competition and electoral strategy, or whether formal political inclusion is always also post-​political exclusion within the framework largely defined by modern Western

in Critical theory and sociological theory
Looming constitutional conflicts between the de-centralist logic of functional diff erentiation and the bio-political steering of austerity and global governance

participate in generalised competition for increasingly precarious jobs all the way down the scale of pay and prestige for the less well-​placed, and highly ineffectual channels of political redress in the face of steadily increasing socio-​economic inequality for almost everybody. Thus the second question also implicitly asks whether the democratic claims under consideration have to be formulated as rights claims in order to be intelligible to states and social systems. If this hypothesis concerning the intelligibility of rights claims can be shown to be true, it would

in Critical theory and sociological theory
On social systems and societal constitutions

statehood are fairly remote at the present juncture. Yet a very different set of conclusions is also tenable: it can be argued that the current model of ministerial responsibility and party polit­ ical competition for power is simply ill-​suited to the challenges facing global humanity, and as such, destined to be phased out. At that point, the need for a transition to a new model of statehood will necessitate changes in existing patterns of differentiation. It is in any case misleading to speak about a decisive transition in this regard, as if some kind of absolutely

in Critical theory and sociological theory

in SVG. And at the collective level, I will demonstrate how competition over what I describe as ‘the remnant wild’ has become central to development in St Vincent’s Grenadine dependencies. In Chapters 5 and 6 respectively I will discuss how this frontier collection of islands has been written about and how some of its (internal) cultural and social boundaries have shifted. The final chapter will

in Frontiers of the Caribbean