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Edited by
Eva Erman
Stockholm University, Sweden
Anders Uhlin
Lund University, Sweden
Selection, editorial matter and Introduction © Eva Erman and
Anders Uhlin 2010
Foreword © Christer Jönsson, Jonas Tallberg, Eva Erman and
Anders Uhlin 2010
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Contents
Foreword viii
Notes on Contributors x
v
vi Contents
Index 214
List of Tables
vii
Foreword
viii
Foreword ix
global forums. Why, in what ways, and with what consequences are
transnational actors allowed into traditional global governance institu-
tions? These questions are addressed, and expanded on, in the volume
edited by Jönsson and Tallberg. A second set of questions concern
the mushrooming in recent decades of so-called public–private part-
nerships as alternatives or complements to traditional international
organizations in tackling global problem areas. Why have these hybrid
organizational entities emerged at this time? What different forms can
‘partnerships’ assume? Are they really the win–win solutions they are
often depicted as? The volume edited by Bexell and Mörth speaks to
these and other questions concerning public–private partnerships. A
final set of questions concern the character of transnational actors them-
selves. How is their expanding role in global governance legitimized? As
transnational actors frequently claim to contribute to the democratiza-
tion of global governance, it is natural to raise questions concerning
their own democratic credentials. Their claims to speak on behalf of
deprived and voiceless groups in the world give rise to questions con-
cerning whom they represent and to whom they are accountable. This
problematique is treated in the present volume.
‘Democracy’ is a key concept in all three volumes, as in the
Transdemos program. The common notion that transnational actors
may provide a remedy to the alleged ‘democratic deficit’ of global gov-
ernance, in general, and international organizations, in particular, is an
important focus of our inquiries. To critically examine this notion, we
have solicited contributions, not only from International Relations (IR)
specialists, but also from political theorists. In addition to illuminat-
ing our three themes from different angles, this raises crucial questions
concerning research design. How can insights from empirical IR studies
be combined with normative political theory and how can future col-
laborative research involving both subdisciplines be organized? These
questions constitute challenges that are tentatively addressed in this
series of volumes.
It is our hope that the three volumes, individually or in combina-
tion, will contribute to our knowledge of an increasingly important
aspect of IR and inspire new research efforts. The multifaceted role
of transnational actors in global governance remains an insufficiently
charted territory.
January 2010
Christer Jönsson, Lund Jonas Tallberg, Stockholm
Director Transdemos Director Transaccess
Eva Erman, Stockholm Anders Uhlin, Lund
Notes on Contributors
Brigitte Beauzamy holds a PhD in Sociology from the Ecole des Hautes
Etudes en Sciences Sociales. She is currently a Marie Curie Fellow
at the University of Warwick. Her research deals with direct action
in transnational movements and the relationships between local and
transnational mobilizations. She recently co-edited La Diversité Culturelle
en France et au Danemark. Une Approche Comparée (2010).
Eva Erman is Associate Professor of Political Science at Stockholm Uni-
versity and a Pro Futura Fellow at Uppsala University. Her research
interests are in political philosophy and political theory, with particu-
lar focus on democratic theory, global justice, human rights, and global
governance. Erman is the author of Human Rights and Democracy: Dis-
course Theory and Global Rights Institutions (2005) and has also published
articles on communicative action, moral conflict, and discourse ethics
in journals such as Political Theory and Philosophy & Social Criticism, as
well as on democracy and global governance in Review of International
Studies and Ethics & International Affairs. She is the chief editor of Ethics
& Global Politics, an international journal seeking to integrate normative
philosophy and political theory with political problems related to pro-
cesses and phenomena that transgress traditional distinctions between
regional, national, international, and global levels of politics.
Doris Fuchs is Professor of International Relations and Development at
the Westfälische Wilhelms-Universität Münster, Germany. She received
her PhD in Politics and Economics in 1997 from the Claremont Grad-
uate University and has since taught at the University of Michigan,
Louisiana State University, the University of Munich, the University of
Stuttgart, as well as the Leipzig Graduate School of Management. Her
primary areas of research are private governance, sustainable develop-
ment, food politics and policy, and corporate structural and discursive
power. Among her publications are Business Power in Global Governance
(2007) and An Institutional Basis for Environmental Stewardship (2003), as
well as articles in Millennium, Global Environmental Politics, International
Interactions, the Journal on Consumer Policy, and Energy Policy.
x
Notes on Contributors xi
xiii
xiv List of Abbreviations
Introduction
3
4 Introduction
Both Van Roy and Brown have long experience of transnational CSOs,
and the books are written from an explicit civil society perspective, aim-
ing at offering useful approaches for civil society practitioners. However,
in contrast to the present volume, neither of these books tries to differ-
entiate between democratic and non-democratic sources of legitimacy,
nor do they compare the legitimacy of transnational civil society actors
with the legitimacy of other types of TNAs.
Focusing on accountability rather than legitimacy, Ebrahim and
Weisband (2007) also make interesting contributions to this field.
Unlike much other writing on accountability issues in a global con-
text, most contributors to this volume treat accountability as a socially
constructed means of control. Avoiding the technical character of ratio-
nalist accounts of the accountability of CSOs, TNCs, and international
organizations, the authors emphasize the need to base accountability
procedures in different cultural, social, and political contexts. However,
while going beyond the focus on civil society to include other types
of TNAs as well, they fail to distinguish between democratic and non-
democratic forms of accountability, which is of primary concern in this
book. By contrast, Klaus Dingwerth (2007) does focus specifically on
democratic legitimacy and elaborates the useful distinctions between
input, throughput, and output legitimacy. Nevertheless, his focus is
on public–private partnerships in the environmental area, not TNAs
participating in these partnerships.
Turning to less empirically oriented contributions to research on
democratic credentials of TNAs, the work by Terry Macdonald (2008)
deserves special attention. Within normative political theory, much lit-
erature on legitimacy on the global level of politics has tended to focus
on questions of rights and duties and the distribution of social and eco-
nomic goods. With a sensitive eye to empirical conditions, Macdonald
sets out to develop an ambitious non-ideal normative theory, theo-
rizing the democratic credentials of TNAs, with a focus on political
power and representation. Her theory of ‘global stakeholder democracy’
focuses on NGOs, but she claims that the theory should be applicable
to other actors in global governance, too. Macdonald argues that dif-
ferent democratic requirements should be applied to different actors,
based on the forms of power exercised by the actor rather than any
organizational typology. NGOs exercise different forms of power com-
pared to states, and therefore forms of democratic representation must
be different (Macdonald, 2008: 6). Relying on one version of the all-
affected principle, Macdonald (2008: 40) argues that ‘individuals should
be entitled to participate in any political decision-making that impacts
8 Introduction
We define TNAs as non-state actors that act across state borders. This
is a broad concept covering a wide range of actors. In the early 1970s,
International Relations (IR) scholars, challenging the dominant state-
centric neorealist paradigm, emphasized the influence by TNCs on
world politics. With a renewed interest in transnational relations in
the 1990s, focus shifted to transnational civil society actors. The polit-
ical impact of NGOs, advocacy networks, and social movements acting
across state borders was analyzed in numerous studies. More diffuse
actors, like diaspora groups and other communities of transnational
migrants, also figured prominently in academic research. During the last
decade, and especially since the terrorist attacks on 11 September 2001,
much focus has been directed toward transnational terrorist groups and
other criminal networks.
There is no agreement on how to distinguish between different types
of TNAs. A number of dimensions – such as the principal ideas and
motivation of the actors, their internal structure, and their autonomy
and power – have been put forward as distinguishing characteristics.
Despite the diverging views on how best to categorize TNAs, however,
most contemporary IR scholars agree that TNAs do matter in world pol-
itics (Arts et al., 2001; Risse, 2002). To the extent that TNAs are actually
powerful actors which have autonomy-constraining impact on peoples’
lives, the question of democratic control of these actors becomes impor-
tant. Moreover, when certain TNAs – NGOs and TNCs in particular – are
given privileged access to global policy-making and this increased TNA
Eva Erman and Anders Uhlin 9
In different ways, each of the chapters in this volume will address this
latter concern.
The book is divided into three parts. Part I, consisting of this chapter
and Chapter 2, introduces the main research problems and concepts in
this field. It is intended to set the scene for the following analysis. Part II
(Chapters 3–7) offers analyses of the democratic credentials of different
types of TNAs. Case studies of TNCs, philanthropic foundations, advo-
cacy NGOs, social movements, and diasporas highlight the diversity
of democratic legitimacy issues related to TNAs. Part III, finally, while
drawing on insights from the previous chapters, also moves beyond a
focus on the democratic legitimacy of specific TNAs. It further prob-
lematizes approaches in the previous chapters and discusses theoretical
implications of the analysis.
Based on a review of previous research, Anders Uhlin, in Chapter 2,
maps out the conceptual terrain concerning the democratic legitimacy
of TNAs. He suggests a framework that goes beyond the mechanical dis-
cussion of specific accountability mechanisms found in much previous
research. First, Uhlin analyzes some important dimensions that distin-
guish different kinds of TNAs. Thereafter, focus is directed to input,
throughput and output legitimacy as well as democratic values, like
representation, transparency, accountability, participation, and deliber-
ation. Input legitimacy is concerned with the relationship between the
actor and its constituencies or people affected by its activities. Through-
put legitimacy refers to the actual procedures for decision-making
within the actor. Output legitimacy focuses on the consequences of the
actor’s decisions and other activities. The aim of this chapter is not to
establish firm definitions of these terms and develop a detailed frame-
work to be applied in the case studies included in the volume. Rather,
it introduces some concepts, general perspectives and questions, which
the authors of the subsequent chapters relate to and develop further.
Moving on to Part II, Doris Fuchs, Agni Kalfagianni, and Julia
Sattelberger in Chapter 3 investigate the democratic legitimacy of TNCs
as actors in global governance. TNCs play increasingly prominent roles
in both private and public rule-making on a global level. Empirically,
the chapter focuses on cases of private and public environmental gov-
ernance. Fuchs et al. argue that, as TNCs are not elected by a demos,
their role as rule-makers is controversial and must be critically exam-
ined. According to the authors, neither input nor output legitimacy
12 Introduction
References
Arts, B., M. Noortmann and B. Reinalda (eds) (2001) Non-State Actors in Interna-
tional Relations (Aldershot: Ashgate).
Beetham, D. (1998) ‘Legitimacy,’ in E. Craig (ed.) Routledge Encyclopedia of
Philosophy (London: Routledge).
Eva Erman and Anders Uhlin 15
Introduction
16
Anders Uhlin 17
Transnational actors
transnational civil society actors from other types of TNAs is the signif-
icance of any type of values and ideas as a driving force behind their
activities – not any particular form of ‘civil’ ideas. Hence, I do not con-
sider the common distinction between ‘civil’ and ‘uncivil’ society to be
fruitful.
Second, and closely related to the previous dimension, we can iden-
tify different transnational public spheres in which different types of TNAs
operate. TNCs operate in a global market economy. Transnational polit-
ical parties and party alliances act in a transnational political society,
characterized by the pursuit of governmental power or other aspects
of formal politics. NGOs, social movements, and activist networks are
the key actors of a transnational civil society, which is the arena for
informal politics beyond state borders. Some TNAs may operate in
more than one sphere. Philanthropic foundations, for instance, rely
on economic resources accumulated in the global market economy, but
their main concern is to fund (and thereby influence) activities on the
(transnational) civil society arena.
Third, we can distinguish between different types of TNAs based
on their internal structure ranging from diffuse networks to formal
institutions (Risse, 2002). TNCs, transnational political parties, and phil-
anthropic foundations are actors with a formal hierarchical structure, as
are many NGOs. Transnational social movements and activist networks,
by contrast, are characterized by their lack of formalized organizational
structure. Hence, the category of transnational civil society actors is very
diverse in this respect, including diffuse activist networks as well as for-
mal NGOs. At the diffuse end of this continuum we also find diaspora
groups. Brubaker (2005: 5–6) outlines three core elements of what is
commonly seen as constituting a diaspora: (1) dispersion in space (usu-
ally across state borders); (2) an orientation to a real or imagined
‘homeland’ as a source of value, identity, and loyalty; and (3) bound-
ary maintenance vis-à-vis the host society. This indicates that diaspora
groups constitute a form of TNA, but unless they have organized in for-
mal organizations or interest groups, which some of them have, they
tend to lack any formal structure to the extent that their agency might
be in question.
The distinction between diffuse networks and formal institutional
structures is related to, but not necessarily the same as, the distinction
between horizontal and hierarchical relations within associations. It is
often claimed that networks are more horizontal, whereas formal orga-
nizations tend to be more hierarchical. A network, however, can also be
fairly hierarchical, with pronounced center–periphery relations.
Anders Uhlin 19
not wield any power are not subject to demands that they should be
democratic. (For further analysis, see the concluding chapter of this vol-
ume.) The power of an actor, however, does not help us distinguish
between different types of TNAs. Powerful and less powerful actors can
be found within all categories. TNCs are commonly perceived as pow-
erful actors in world politics. They have instrumental, structural, and
discursive power. Through their economic resources and mobility they
have power over states. They may influence global governance through
lobbying and agenda-setting, but also through direct participation in
global rule-making in public–private partnerships and other global gov-
ernance processes. TNCs also have discursive power when they frame
political problems in public debates (Fuchs, 2005). Transnational philan-
thropic foundations – especially the well-known American foundations
like Ford, Soros, and Gates – have similar power resources as TNCs and
often explicitly try to influence politics through the funding of civil
society activities around the world. Transnational civil society actors
can also be powerful actors, although (with the exception of some large
well-funded transnational NGOs) they lack the economic resources of
TNCs and foundations. Instead, they typically exercise discursive power,
and increasingly such actors are given formal access to arenas for global
policy-making.
Sixth, and closely related to the previous dimension, TNAs vary in
their degree of politicization. This is an important aspect when discussing
democratic requirements for TNAs. Highly politicized TNAs, which take
part in decision- or rule-making for a larger community, are subject to
stricter demands of democracy than are non-political TNAs. (For further
analysis, see the concluding chapter of this volume.) TNCs operate in
the global market economy, but due to their often fundamental impact
on political processes and more generally on peoples’ lives, they should
be considered political actors, although they differ from political par-
ties and civil society groups. The category of transnational civil society
actors refers to highly politicized as well as non-political actors. The
former include transnational social movements and activist networks
as well as transnational advocacy NGOs and labor unions, which try
to lobby political decision-makers and influence global policy-making
within different issue-areas. Service-delivering NGOs, by contrast, are
less directed toward influencing global policy and more inclined to
provide specific welfare and relief services to groups of disadvantaged
people around the world.
Finally, another potential dimension that I think is best viewed as
accounting for variation within as well as across types of TNAs is the
Anders Uhlin 21
spatial extension of the actor. Some TNAs are genuinely global actors,
whereas other TNAs are confined to a specific region. Having clarified
the concept of TNA and considered dimensions for distinguishing dif-
ferent categories of TNAs, we now turn to the concept of democratic
legitimacy.
Democratic legitimacy
they typically enjoy more public trust (Brown, 2008: 2). While these
aspects might be sources of legitimacy, they are not necessarily related
to democracy.
Sources of legitimacy, frequently mentioned in the literature, that
are of immediate democratic relevance include the representation of
constituencies and the representation of democratic values and norms
(cf. Van Rooy, 2004: Ch. 3; Collingwood, 2006: 447–8; Brown, 2008:
35). Membership-based NGOs represent their constituencies. Many
transnational NGOs gain democratic legitimacy through their grassroots
links and by giving voice to and empowering marginalized groups. Rep-
resentation of values and norms, such as notions of universal human
dignity and global justice, may give transnational civil society actors a
moral authority which can be seen as a form of democratic legitimacy.
These forms of democratic legitimacy, as we will discuss in this vol-
ume, might be compromised by insufficient and biased participation,
a lack of transparency, representation, and accountability, and poor or
no deliberation, and so on.
In order to clear the analytical ground and map the conceptual terrain
in this field, I should clarify my position on a number of method-
ological issues. I depart from a social constructivist perspective. Many
writers in this field, not least concerning different forms of account-
ability appropriate for TNAs, attempt to offer technical solutions to
be applied universally. However, I argue that there are no objective
technical solutions to legitimacy problems that can be designed by
experts independent of the context. By contrast, legitimacy should be
viewed as a social construction. Creating legitimacy involves highly con-
tested processes and struggles between actors with different interests
and world-views (cf. Lister, 2003). We need to examine how different
demands for, and claims to, democratic legitimacy are socially con-
structed, and what the underlying ideals and interests of legitimacy
claims and mechanisms are.
Moreover, as argued above, we should distinguish democratic legiti-
macy from legitimacy in general. What we are interested in here are
forms of legitimacy that make sense in relation to democratic values
rooted in democratic theory. Rather than privileging one model of
democracy, we should consider different normative models of democ-
racy, including representative, participatory and deliberative variants.
When examining the democratic credentials of TNAs, we should assess
not only formal and informal decision-making processes, but also
processes of deliberation and broader political participation. This is
Anders Uhlin 23
Input legitimacy
Representation
Representation is a key value in liberal democratic theory. In principle
it refers to the general relationship between a collective actor and the
people on whose behalf it claims to speak. In representative democra-
cies at the nation-state level elections constitute the central mechanism
through which governments acquire representative legitimacy. Clearly
applicable to democracy within nation-states and (arguably) to visions
of global democracy as well, the relevance of the ideal of representation
is less obvious when it comes to non-state actors.
In the debate on democratic credentials of transnational civil society
actors, problems of representation have often been highlighted. Crit-
ics of NGOs point out that their membership might be very limited,
perhaps excluding most of the people to whom the NGO claims to
give voice. The lack of representiveness within transnational activist
networks is often described as a division between the ‘global north’
and the ‘global south.’ Structural inequalities based on class, gender,
nationality, ethnicity, religion, and so on may be reproduced within
transnational civil society. As noted by Scholte (2008: 15) (observing
CSOs targeting the IMF), this civil society ‘generally mirrors rather than
counters social hierarchies in global politics at large.’ Moreover, unlike
governments in democratic states, the leadership of many civil society
groups is not elected by any constituency, although some membership-
based organizations may have regular elections of leadership positions.
However, the relevance of electoral representation for civil society actors
can be questioned. Peruzzotti (2006: 48–9; cf. Chapter 8, this volume)
argues that civil society as a social sphere is fundamentally different
from political society. The representative politics characterizing political
society (in representative democracies) is not applicable to civil society.
NGOs and other civil society actors organize to demand accountability
from political society, but they should not themselves represent any
Anders Uhlin 25
constituency, and hence should not be bounded by the formal rules and
accountability mechanisms found in political society.
Hence, there is a need to go beyond the conventional literature and
rethink the concept of representation. Peruzzotti (2006: 52–3) argues
that the question ‘Who do you represent?’ is not appropriate for civil
society organizations. Instead we should ask ‘What do you represent?’
Similarly, Keck (2004: 45) argues that civil society activists in global gov-
ernance institutions represent ‘positions rather than populations, ideas
rather than constituencies.’ This is what she calls ‘discursive represen-
tation’ (cf. Dryzek and Niemeyer, 2008). Charnovitz (2006: 36) agrees,
claiming that the usefulness of NGO ideas is more important than
how well those ideas represent the NGO’s membership or constituency.
Hence, many scholars prefer other concepts than representation when
exploring the democratic qualities of transnational NGOs. Carlarne and
Carlarne (2006) refer to ‘credibility building’ instead of representation.
Jordan and van Tuijl (2000) claim that ‘political responsibility’ is a better
concept than representation and accountability in this context.
One of the most theoretically sophisticated attempts to deal with
the problem of NGO (and other TNA) representation is the theory of
‘global stakeholder democracy’ elaborated by Macdonald (2008). She
argues that elections are not an appropriate method for conferring
representative legitimacy to non-state actors, since the intensity of inter-
ests typically vary between individuals. Fortunately, there are several
non-electoral mechanisms of authorization and accountability that are
more suitable, including codes of conduct, stakeholder assemblies, sur-
veys, and so on. However, Macdonald (2008: 193) admits that these
actual practices of NGO authorization and accountability are not fully
democratic.
To conclude this section, we should consider innovative as well as
conventional aspects of representation when assessing the input legiti-
macy of TNAs. The following questions should be asked when analyzing
democratic representation: How representative is the actor of its con-
stituency? What is the quality of electoral representation? What is the
quality of non-electoral mechanisms of authorization by stakeholders?
To what extent does the actor represent a relevant discourse?
Inclusion
Another concept that is frequently referred to in discussions of input
legitimacy is inclusion. Whereas representative democrats tend to
stress formal mechanisms for representation (election of leadership in
26 Democratic Legitimacy of Transnational Actors
Throughput legitimacy
Transparency
The degree of transparency, in this context, could be defined as ‘the
extent to which individuals who may be significantly affected by a
decision are able to learn about the decision-making process, including
its existence, subject matter, structure and current status’ (Dingwerth,
2007: 30). Transparency can be measured along three dimensions
Anders Uhlin 27
(cf. Nelson, 2001: 1838); fullness (i.e., no or few and specified exceptions
to public disclosure), accessibility (ideally at many sites, in different lan-
guages and free of charge), and timeliness (i.e., information should be
made available well before a decision is taken in order for stakehold-
ers to have a chance to influence the decision). This kind of openness
could be seen as a basic precondition for other aspects of democracy.
It is a common demand on non-democratic organizations to increase
their transparency as a first step toward democratization. Transparency
is important for the realization of other democratic values, not least
accountability. Hence, an important question for empirical research on
TNAs is to what extent decision-making processes and other activities
are open and transparent.
Accountability
Accountability is one of the most frequently used concepts in the lit-
erature on the democratic credentials of TNAs. We can distinguish
between prospective (forward-looking) and retrospective (backward-
looking) forms of responsibility. The latter is called accountability
(Bexell, 2005: 68). It means that ‘some actors have the right to hold
other actors to a set of standards, to judge whether they have fulfilled
their responsibilities in light of these standards, and to impose sanctions
if they determine that these responsibilities have not been met’ (Grant
and Keohane, 2005: 29). Thus, the components of accountability are
standards, information, and sanctions. Effective accountability requires
mechanisms for information and communication between decision-
makers and stakeholders and mechanisms for imposing penalties (Held
and Koenig-Archibugi, 2005: 3). Accountability should be distinguished
from other constraints on abuses of power like unilateral use of force
and ‘checks and balances’ (Grant and Keohane, 2005: 30).
A common concept in the field of public administration (cf. Mulgan,
2000), accountability has more recently been applied to NGOs (cf.
Unerman and O’Dwyer, 2006), and in recent years the accountabil-
ity of TNAs has been a hotly debated issue, too. Demands for greater
accountability, not least of transnational NGOs, have frequently been
voiced. This has made some scholars talk about an ‘accountability syn-
drome’ facing TNAs (Anheier and Hawkes, 2008: 125). Transnational
accountability is much more complex than domestic accountability,
and it is not obvious that accountability mechanisms can be trans-
ferred from domestic to transnational politics. Some scholars even argue
that in the context of globalization, accountability is the problem,
28 Democratic Legitimacy of Transnational Actors
not the solution (Anheier and Hawkes, 2008: 130–1). The complex-
ity and conceptual confusion may cause problems, because different
conceptions of accountability can lead to conflicting expectations and
undermine organizational effectiveness – what Koppell (2005) labels
‘multiple accountabilities disorder.’
Accountability can be constructed in many different ways. Grant and
Keohane (2005) distinguish between participation and delegation mod-
els of accountability. The former refers to external accountability to
those affected by the activities of the actor exercising power, whereas
the latter deals with internal accountability to the principals who have
delegated authority to the power-wielders. On a general level Grant and
Keohane (2005) outline seven mechanisms of accountability in world
politics: Hierarchical, supervisory, fiscal, legal, market, peer, and pub-
lic reputational. They argue that these accountability mechanisms are
applicable to various degrees to all kinds of actors in global gover-
nance, including multilateral organizations, NGOs, transgovernmental
networks, firms, and states (Grant and Keohane, 2005: 40). The liter-
ature on (transnational) NGOs is full of more specific accountability
mechanisms and principles, including certification, rating, codes of con-
duct, monitoring and evaluation, disclosure of statements and reports
(i.e., transparency), and social auditing (including stakeholder dialogue)
(cf. Ebrahim, 2003; Lee, 2004: 8–9).
The literature on accountability of TNAs often lacks elaborate theo-
rizing referring to established theoretical perspectives within IR. Never-
theless there are several theoretical perspectives which are potentially
applicable to transnational accountability problems. Rational choice
theory focuses on principal–agent relations. Global governance theory
emphasizes governance networks and regimes. Constructivists are con-
cerned with accountability discourses. From a critical political economy
perspective, attention is directed toward processes of capital accumula-
tion and legitimation (Mason, 2008). At least implicitly, much literature
in this field, especially on NGO and business accountability, has had
a rationalist perspective focusing on technocratic solutions to per-
ceived accountability problems. More recent research (e.g., Ebrahim
and Weisband, 2007) has taken a more interpretive and hermeneutic
approach, viewing accountability as a socially constructed means of con-
trol. This is also the approach taken in this chapter. From a constructivist
perspective we can examine accountability discourses and more specif-
ically how they reproduce existing power structures or how they may
serve to alter power relations, empowering previously marginalized peo-
ple. As argued by Ebrahim and Weisband (2007), socially constructed
Anders Uhlin 29
Participation
Whereas I take inclusion to refer to the scope of participation, i.e., the
general relationship between an organization and its constituencies or
people significantly affected by its activities, I use the concept participa-
tion in relation to specific decision-making procedures or other activities
within the organization, i.e., throughput legitimacy. Hence, I am here
concerned with the quality of participation (cf. Dingwerth, 2007: 28).
How do people participate in decision-making? Only by passively receiv-
ing information, or through the election of representatives, or in a more
active and direct way favored by participatory democrats? Political par-
ticipation does not have to be limited to formal decision-making or
processes of deliberation. Within many social movements, for instance,
participation can include various forms of protest activities. A num-
ber of non-violent but still confrontational social movement activities
have been questioned from a democratic perspective. Those adhering to
a representative model of democracy typically consider civil disobedi-
ence undemocratic (unless it is targeting an authoritarian regime). But
such methods can also be seen as a practice of direct or participatory
democracy.
Generally speaking, forms of direct participation would lead to more
democratic legitimacy than indirect participation, but the issue is more
complex than that. Appropriate forms of participation must be con-
textually determined. In sum, when examining the throughput legit-
imacy of an actor, we should ask: What are the forms and quality of
participation?
Anders Uhlin 31
Deliberation
Deliberation, according to Chambers (2003: 309) ‘is debate and discus-
sion aimed at producing reasonable, well-informed opinions in which
participants are willing to revise preferences in light of discussion, new
information, and claims made by fellow participants.’ Hence, authen-
tic deliberation must be non-coercive and induce reflection (cf. Dryzek,
2000: 2). Critical reflection should be distinguished from justification of
a position. Powerful participants in a deliberative process may acknowl-
edge criticism put forward by less powerful participants by giving
reasons for the positions taken, but this might just be a rationaliza-
tion of a fixed position (Nanz and Steffek, 2005: 376). Critical reflection
requires a genuine willingness to adjust one’s position in response to
rational arguments.
Trade-offs between deliberation and other democratic values have
been noted. Dingwerth (2007: 202–3) argues that there are trade-offs
between inclusion and deliberation, transparency and deliberation, and
accountability and deliberation. Mutz (2006) devotes a whole book to
the argument that participation and deliberation are difficult to com-
bine. The possible tension between participation and deliberation is
a highly relevant question in relation to transnational civil society.
Whereas some global social movements do have deliberative qualities
(cf. della Porta, 2005), the coercive and confrontational methods of
the more radical parts of transnational civil society are seen as prob-
lematic from the perspective of deliberative democratic theory. The
tools of arguing and communicative action are central to the delib-
erative democratic ideal. However, passions and emotions – not only
reason – are central for the mobilization of social movements. Further-
more, the activities of social movements are sometimes confrontational
and coercive and, hence, do not fit well within a deliberative demo-
cratic framework. From a social movement (and activist) perspective,
the ideal of deliberative democracy can be criticized on the ground
that deliberation does not work in societies characterized by structural
inequalities. Direct activism is often necessary to achieve social change
(Young, 2001). While paying attention to such potential problems with
deliberation, the main question to ask from this perspective is: To what
extent is deliberation characterized by critical reflection?
Output legitimacy
Input Legitimacy
Representation
How representative is the actor of its constituency?
What is the quality of electoral representation?
What is the quality of non-electoral mechanisms of authorization by
stakeholders?
To what extent does the actor represent a relevant discourse?
Inclusion
To what extent are those significantly affected included in decision-making,
deliberation, and other activities?
To what extent does the actor give voice to marginalized people?
Throughput Legitimacy
Transparency
To what extent are decision-making processes and other activities open and
transparent?
Accountability
According to what principles is the actor accountable?
To which stakeholders is the actor accountable?
Does accountability involve control and sanctions or voluntary responsiveness?
Participation
What are the forms and quality of participation?
Deliberation
To what extent is deliberation characterized by critical reflection?
Output Legitimacy
Consequences
What are the democratic consequences of the actor’s activities?
Does the actor contribute to the democratization of global governance, and if
so, how?
34 Democratic Legitimacy of Transnational Actors
References
Agné, H. (2006) ‘A dogma of democratic theory and globalization: Why politics
need not include everyone it affects,’ European Journal of International Relations,
12: 433–58.
Anheier, H. and A. Hawkes (2008) ‘Accountability in a globalising world: Interna-
tional non-governmental organizations and foundations,’ in M. Albrow et al.
(eds) Global Civil Society 2007/8 (London: Sage).
Bexell, M. (2005) Exploring Responsibility: Public and Private in Human Rights
Protection (Lund: Department of Political Science, Lund University).
Brown, L. D. (2008) Creating Credibility: Legitimacy and Accountability for
Transnational Civil Society (Sterling, VA: Kumarian Press).
Brown, L. D. and M. H. Moore (2001) ‘Accountability, strategy, and international
nongovernmental organizations,’ Nonprofit and Voluntary Sector Quarterly, 30:
569–87.
Brubaker, R. (2005) ‘The “Diaspora” Diaspora,’ Ethnic and Racial Studies, 28: 1–19.
Carlarne, C. and J. Carlarne (2006) ‘In-credible government: Legitimacy, democ-
racy, and non-governmental organizations,’ Public Organization Review, 6:
347–71.
Chambers, S. (2003) ‘Deliberative Democratic Theory,’ Annual Review of Political
Science, 6: 307–26.
Charnovitz, S. (2006) ‘Accountability of non-governmental organizations in
global governance,’ in L. Jordan and P. van Tuijl (eds) NGO Accountability:
Politics, Principles and Innovations (London: Earthscan).
Clark, I. (2007) Legitimacy in International Society (Oxford: Oxford University
Press).
Collingwood, V. (2006) ‘Non-governmental organizations, power and legitimacy
in international society,’ Review of International Studies, 32: 439–54.
della Porta, D. (2005) ‘Deliberation in movement: Why and how to study
deliberative democracy and social movements,’ Acta Politica, 40: 336–50.
DeMars, W. E. (2005) NGOs and Transnational Networks: Wild Cards in World
Politics (London and Ann Arbor: Pluto Press).
Dingwerth, K. (2007) The New Transnationalism: Transnational Governance and
Democratic Legitimacy (Houndmills, Basingstoke: Palgrave Macmillan).
Dryzek, J. S. (2000) Deliberative Democracy and Beyond: Liberals, Critics, Contesta-
tions (Oxford: Oxford University Press).
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Science Review, 102: 481–93.
Ebrahim, A. (2003) ‘Accountability in practice: Mechanisms for NGOs,’ World
Development, 31: 813–29.
36 Democratic Legitimacy of Transnational Actors
Introduction
41
42 Democratic Legitimacy of Transnational Corporations
2008). Due to their enlarged economic power, TNCs are frequently seen
as important global actors with a potential of significant political influ-
ence. However, these economic indicators can only serve as extremely
rough and indirect measures of businesses’ political role in global gov-
ernance, since a narrow focus on their economic capabilities neglects
the question of how private actors are able to translate their economic
power into political influence through political activities within global
governance.
There are several ways for TNCs to pursue their interests within gov-
ernance processes: On the one hand, studies indicate that private actors
use ‘traditional’ channels of influence and try to lobby policy-makers
to influence public policy output. Recent analyses have shown that
these activities have increased greatly at all levels of governance (Fuchs,
2005). Although an increase in lobbying activities may perhaps not
translate directly into political influence, the extent of activities in this
area makes it seem highly likely that business interests play a promi-
nent role within today’s public decision-making processes. On the other
hand, some scholars have emphasized that TNCs are increasingly able
to set their own private rules through a range of ‘new’ political activ-
ities, such as self-regulation, quasi-regulations, and PPPs (Cutler et al.,
1999).3 Thereby, TNCs have become subjects rather than objects of reg-
ulatory norms. After all, these private governance institutions are more
than business practices companies use to organize their activities. They
reflect rules and standards that have fundamental implications for the
allocation of values and resources in society, the core business of politics
according to Easton (1953).
These developments highlight that TNCs have become prominent
political actors within global governance. While business might provide
skills and abilities that contribute to global problem-solving, however, it
should be considered that private economic interests and public inter-
ests frequently do diverge. In practice, the political activities of business
do not necessarily lead to general improvements in public welfare.
Therefore, the democratic legitimacy of today’s political role of business
actors, specifically TNCs, needs to be discussed.
Since TNCs are not elected by a demos, their influential role within
public and private policy-making is controversial, and the scientific
community has paid considerable attention to the question of the
Doris Fuchs, Agni Kalfagianni, and Julia Sattelberger 45
Participation
Participation as an indicator of democratic legitimacy requires access to
the policy process of all actors who are potentially affected by a deci-
sion. Democratic norms call for inclusion, because political outcomes
can only be considered legitimate if those who must abide by or adjust
to them have had a part in their formation (Young, 2000). Moreover,
inclusion needs to be accompanied by political equality to ensure that
all actors have an equal right to express their interests and concerns
(Young, 2000). Regarding the processes of public and private decision-
making in global governance, then, participation requires an assessment
of patterns of inclusion and exclusion of state actors, civil society organi-
zations, and business actors, since these groups are directly or indirectly
affected by public decisions and private rule-setting mechanisms.
In our empirical study, we evaluate participation as an indicator of
the democratic legitimacy of public and private governance institu-
tions, focusing on the role of TNCs within the political process. More
specifically, we assess TNCs’ formal and informal influence on public
decision-making processes, exploring their access to informal meet-
ings or formal hearings as well as activities on a consultative basis. In
private governance institutions initiated by TNCs, we evaluate partici-
pation in terms of access provision to other groups affected by the given
institution. In all cases, political equality as a participation qualifier is
evaluated alongside access.
Transparency
The second indicator we apply in our assessment of the democratic
legitimacy of public and private governance mechanisms in the light
46 Democratic Legitimacy of Transnational Corporations
Accountability
Finally, we consider accountability as a third central condition for the
exercise of democratic control and, therefore, for the democratic legit-
imacy of public and private governance institutions. Accountability
is required not only in terms of the internal and external audit-
ing of governance processes and their implementation, but also in
terms of the relationship between the governance mechanism and the
affected public and other relevant stakeholders. Within public gover-
nance, the accountability of policy makers is – at least in theory –
controlled by the public and their power to vote decision-makers out
of office, if a public governance institution performs badly. However,
we also consider ‘democratic control’ a necessary requirement for pri-
vate governance, and thus for the democratic legitimacy of TNCs’
political participation in all processes of global governance. Within pro-
cesses of private governance, internal accountability can be established
through the responsiveness of governing boards to their constituen-
cies. In terms of external accountability, scholars note the ‘role of
intermediary organisations as institutions that are particularly suited
to develop and maintain standards of accountability,’ such as auditing
Doris Fuchs, Agni Kalfagianni, and Julia Sattelberger 47
involved actors primarily pursue the public good instead of their private
interest and, second, that the public good is served effectively (Scharpf,
2003). On this basis, proponents of the concepts of output legitimacy
argue that the effectiveness of a governance mechanism can serve as a
source of democratic legitimacy.
However, we argue that it is difficult, if not impossible, to evaluate
the effectiveness of a governance mechanism in fostering the public
good objectively. After all, different stakeholders will tend to define
the public good differently. In food governance, for instance, differ-
ent actors tend to delineate quite different sustainability criteria. While
retailers tend to emphasize food safety and traceability, environmen-
tal NGOs tend to stress ecological aspects, while development NGOs
and farmers, especially in the South, will point to the importance of
rural livelihoods. In other words, the definition of consensual objectives
of a private governance institution requires processes of discussion and
negotiation. The effectiveness of a private governance institution, there-
fore, cannot be objectively measured without such a process either. In
consequence, criteria of participation, transparency, and accountability
move to the forefront again, in order to allow a democratically legiti-
mate participatory, transparent, and responsive deliberative process to
define the objectives. Similarly, measuring the effectiveness of the gov-
ernance institution against its self-set objectives does not provide a way
out of the dilemma. What if these self-set objectives were illegal, mean-
ingless, or even hurtful to those affected? In sum, we argue that the
concept of output legitimacy is fundamentally flawed, and that it is
more appropriate to measure the democratic legitimacy of private actors
in governance processes on the basis of participation, transparency, and
accountability.
Empirical illustration
Participation
Participation in GlobalGap is based on membership. Currently, it has
42 retail and food service members (European, except for one Japanese
and two US), 149 producer/supplier members (41 from outside Europe),
and 100 associate members, such as certification bodies, consulting,
and crop protection industry.5 Not all members have equal rights in
decision-making processes, however. Until 2001, the standard had a
retail dominated governance structure, but since then retailers and pro-
ducers participate equally. More specifically, both the Steering Commit-
tee and the GlobalGap Sector Committees have 50 per cent retailer and
50 per cent supplier representation. The Committee members are elected
by closed ballot of current retailer and supplier members. Each con-
stituency elects its own representatives. Associate members are allowed
access to the committees but lack formal decision-making power.
Despite equal participation rights for retailers and suppliers, mem-
bers from developing countries are underrepresented in GlobalGap.
More specifically, only eight producer/supplier members are from Africa,
seven from Asia and 16 from Central and South America, at the
moment. In the sector committee for crops, responsible for revising
the standard, the majority of both retailer and producer members is
from Europe (17 out of 25). In 2007, however, GlobalGap initiated a
special project to provide more opportunities for African smallholder
representation in the standard-setting process.6 As part of this project,
it has appointed a Smallholder Observer and Ambassador for Africa
whose role is to participate in meetings, give input on the standard
as it stands now, and make proposals for the future. GlobalGap has
also initiated a smallholder Task Force with the objective to incorporate
different stakeholder views and experiences related to GlobalGap imple-
mentation in smallholder agriculture, and to consider options for the
next revision of the standard in 2011 (GlobalGap News, February 2009).
Even though such initiatives are welcome, it will take time to evaluate
whether they constitute effective and sufficient measures to strengthen
the representation of developing countries within GlobalGap’s gov-
ernance arrangements, and to incorporate their voice in its future
development.
Doris Fuchs, Agni Kalfagianni, and Julia Sattelberger 51
Transparency
Transparency is evaluated in this chapter on the basis of the provision of
timely, reliable, and accessible information on the governance and per-
formance characteristics of the standards. In the cases examined here,
the main source of information regarding the standards is the web. The
accessibility of information varies, however. More specifically, as com-
puter penetration rates in a substantial share of the developing world
are comparatively low, we expect differences in the visibility of stan-
dards between Northern and Southern publics. Next to the web, both
GlobalGap and MSC hold seminars and conferences, which are open
to the public upon registration. Again, resource-poor groups are likely
to face accessibility difficulties due to information and transportation
costs, however.
In addition, both GlobalGap and MSC provide extensive and detailed
information on governance structures, membership, and goals. Both
standards allow access to minutes of conferences, roundtables, and short
video archives. MSC also publishes information on its board meetings.
In both cases, most of the documents related to the development and
monitoring of standards are only available to insiders, however. More-
over, no protocols of caucus group meetings are available. Likewise,
information on the processes themselves, especially while they are going
on, is rarely available. In addition, information to the general public is
usually provided after decisions have been made, restraining its time-
liness and constraining meaningful intervention from the part of civil
society.
Regarding performance-related transparency both standards suffer
from even more severe limitations. Detailed information on how well
the standards perform is typically lacking and, when provided, it is usu-
ally based on self-reporting. GlobalGap, for instance, holds a series of
‘Success Stories’ where it presents its social and market impact, includ-
ing the launching of new certificates, pilot projects, and corporate social
responsibility initiatives. Such stories constitute selected elements, how-
ever, and they do not represent the overall GlobalGap performance.
Likewise, MSC has been criticized for withholding information on catch
patterns, patterns of industry adoption of practices, by-catch and habitat
damage problems, and individual producer activities (Iles, 2007). How-
ever, since 2005 MSC has initiated an effort to undergo evaluation of its
performance environmental impact from external auditors. Moreover, it
currently collaborates with the International Social and Environmental
Accreditation and Labelling (ISEAL) Alliance to explore the development
of a Code of Good Practice on Measuring the Impact of Certification.11
Doris Fuchs, Agni Kalfagianni, and Julia Sattelberger 53
Accountability
In both cases of private governance examined in this chapter, stake-
holders need to report on their activities on a somewhat regular basis.
Thus, the standards provide a basis for internal accountability. Infor-
mation about the extent to which peer pressure is actually used to
ensure compliance is not publicly available, however. Moreover, exter-
nal accountability in the narrow sense is provided as well, as both
standards rely on third party certification for monitoring and enforc-
ing compliance with the standard. More specifically, a company wishing
to be certified by GlobalGap and MSC appoints an accredited certifica-
tion body to audit the company. GlobalGap, for instance, signs service
agreements with independent Certified Bodies (CBs), which act as inde-
pendent auditing companies. CBs are not permitted to support certified
or controlled farms on a consultation basis and must have at least
three years of product experience in the food industry. Likewise, MSC
requires assessments to be carried out by independent, third-party certi-
fiers. The certification bodies of both GlobalGap and MSC have to be
accredited by independent accreditation bodies to certify against the
standards.12 Usually a certified company is audited at least once a year.
The person or body deciding to grant, suspend, revoke, or renew certi-
fication should be independent of the auditor.13 Little information on
the extent to which these mechanisms prevent non-complying com-
panies from becoming certified is available, however. Moreover, critical
observers point to weaknesses of third-party certification mechanisms,
one of which is the dependence of certifiers on contracts. Furthermore,
the certification organizations are trained by the standard owners, in
most cases, while the methodology used in the certification process
is considered an intellectual property right of the standard, and thus
54 Democratic Legitimacy of Transnational Corporations
Participation
We evaluate the participatory dimension of democratic legitimacy by
examining the legislative lobbying process within the European Parlia-
ment. Within public governance, there are several ways for business
actors to participate in decision-making processes. TNCs serve as con-
sultants for policy-makers within formal decision-making processes.
56 Democratic Legitimacy of Transnational Corporations
Transparency
In the examined case, the results of the empirical analysis indicate that a
relatively high degree of governance-related transparency can be found
on a formal level. For instance, the parliamentary debate on the CO2
proposal was open to the public, and all amendments made during
the decision-making process could be accessed online. Furthermore, the
nominations of key decision-making positions within the political pro-
cess, such as the rapporteur of the European Parliament for the CO2
proposal and the shadow rapporteurs for the different coalitions, were
publicly accessible. However, the results of the conducted interviews
also highlight that a lot of lobbying actually proceeded behind the
formal scenes, and many agreements were made informally before the
official deadlines. To access timely information on these informal deci-
sion processes, and to be able to intervene in the political developments
at opportune moments, actors needed a network of informal contacts.
Due to the significant role of informal channels of participation by pri-
vate actors, then, the whole policy process became less traceable and
transparent for the public.
Moreover, the analysis indicates that information on the governance
performance, the second indicator of transparency, was accessible to the
public in the examined case. Before the European Commission presents
a new legislative proposal, it assesses the potential consequences the leg-
islation might have for the public. In the research example, the impact
assessment for the CO2 proposal was accessible online (impact assess-
ment FII/2007/0297). However, in regard to the technical information
providing the basis for the impact assessment, political decision-makers
relied on the data provided by the relevant business actors. Although
information provided by business should not be seen as unreliable and
biased per se, it is also clear that business has its own interest. Thus,
the rationale of why a certain policy is being implemented, instead of
others, can never be considered as a completely objective process. The
one-sided dependence of decision-makers on the provision of informa-
tion by TNCs needs to be challenged from the perspective of democratic
legitimacy. From a perspective of transparency, however, the lack of pub-
lic information on the data sources for the impact assessment must be a
cause for serious concern.
In sum, it can be argued that the governance-related transparency in
the examined case of public decision-making was given on a formal
58 Democratic Legitimacy of Transnational Corporations
Accountability
As in any case of public decision-making, political decision-makers
can theoretically be held accountable for the performance of the CO2
proposal by the citizens of the EU, who have the ability to vote decision-
makers out of office, if the legislative initiative performs badly. However,
to be able to fulfill this control function, the public needs reliable
information, on the basis of which it can exercise control effectively.
Accordingly, it can be argued that, due to the partially intransparent
governance structures, effective control by the people existed only to a
limited extent. Transparency, then, is a necessary condition for account-
ability. Although the final decision was obviously taken by the members
of the European Parliament, who can be held accountable for their deci-
sions, the procedural and performance-related information, necessary
for the meaningful exercise of processes to ensure accountability, was at
least partially lacking. We therefore argue, with respect to the question
of accountability, that the informal and intransparent participatory role
of TNCs within the decision-making process of the CO2 proposal can be
assessed as weakening the control function of the public.
Conclusion
Notes
1. In the following the legislative initiative will be abbreviated as ‘CO2 pro-
posal.’
2. These criteria are subsumed under the term ‘throughput legitimacy’ in the
Introduction and Chapter 2 of this volume. However, since this term corre-
lates with the concepts of input and output legitimacy (where we question
the appropriateness of the latter), we prefer not to adopt this terminology
and name the specific criteria instead.
3. Such activities have existed before, but to a much lesser extent and, most of
the time, with much more engagement of public actors (Cutler et al., 1999).
4. A number of different conceptualizations of output legitimacy exist within
the literature today. Our critique in this chapter focuses on the original
concept of output legitimacy relating democratic legitimacy to the effec-
tiveness of a governance institution (Scharpf, 1998), because this concept is
still quite prevalent in the literature, and has been applied in rather naïve
manner to private governance institutions by some authors. A different
conceptualization of output legitimacy can be found in Chapter 2 of this
volume.
5. http://www2.globalgap.org (accessed 28 April 2009).
6. http://www.africa-observer.info/ (accessed 28 April 2009).
7. In April 2009, there were four trustees from the fishing industry, three
from environmental NGOs (WWF), three from science, two from retail,
and one miscellaneous (www.msc.org/about-us/governance/structure/board-
of-trustees/whos-on-the-msc-board, accessed 19 April 2009).
8. http://www.msc.org/about-us/governance/structure (accessed 28 April 2009).
Doris Fuchs, Agni Kalfagianni, and Julia Sattelberger 61
References
Bouwen, P. (2004) ‘Exchanging access goods for access: A comparative study
of business lobbying in the European Union Institutions,’ European Journal of
Political Research, 43: 337–69.
COM (2007) ‘Proposal for a Regulation of the European Parliament and
of the Council setting emission performance standards for new passenger
cars as part of the community’s integrated approach to reduce CO2 emis-
sions from light-duty vehicles’ http://eur-lex.europa.eu/LexUriServ/LexUriServ.
do?uri=COM:2007:0856:FIN:EN:PDF (accessed 14 July 2009).
COM (2008) ‘European transparency initiative. A framework for relations with
interest representatives (Register and code of conduct)’ http://ec.europa.eu/
transparency/docs/323_en.pdf (accessed 19 July 2009).
Cook, M.L. and C. Iliopoulos (2000) ‘Ill-defined property rights in collective
action: The case of US agricultural cooperatives,’ in M.L. Cook, C. Iliopoulos,
and C. Menard (eds) Institutions, Contracts and Organizations: Perspectives from
New Institutional Economics (Cheltenham: Edward Elgar).
Cutler, A.C., V. Haufler and T. Porter (1999) Private Authority and International
Affairs (Albany: State University of New York Press).
Dahl, R.A. (1961) Who Governs? Power and Democracy in an American City (New
Haven: Yale University Press).
Easton, D. (1953) The Political System (New York: Knopf).
62 Democratic Legitimacy of Transnational Corporations
Introduction
64
Ann Vogel 65
International grant-making
International grant-making totaled 5.4 billion dollars in 2007.6 This
figure includes grants directly given to overseas recipients and funding
for US-based programs. Compared to 2002, when international grant-
making was first recognized as a separate funding arena, it increased
by 50 per cent (inflation-adjusted) and grew over the past five years
at a higher rate than domestic giving, even when outliers like the Bill
and Melinda Gates Foundation are removed.7 International develop-
ment and relief ranked before environment, health, and international
affairs as funding areas. About 46 per cent of all international grants
in a 2006 sample were reported as consistent with the Millennium
Development Goals (Foundation Center and Council on Foundations,
2008).8 In the following, I focus on international grant-making in the
Middle East, examining grants targeting the region. These grants have
been listed from 1995 onward in electronic form by The Chronicle of
Philanthropy, the leading newspaper of the philanthropy world (http://
philanthropy.com/). The search includes grants for organizations in
countries that are commonly referred to as belonging to the Arab and
Muslim worlds as well as the Middle East. Only a few countries in the
72 Democratic Legitimacy of Philanthropic Foundations
region have never been grant beneficiaries (e.g., United Arab Emirates).
In Northern Africa, only Morocco, Egypt, and Sudan are included. I also
include the US, because US-based organizations can be grant benefi-
ciaries or manage funds that eventually reach NGOs in countries and
are a sign of internationalization of global giving by the US gift econ-
omy. Europe is included because, like the US, it is the seat of global
governance institutions.
The analysis of Chronicle grants show that US philanthropic founda-
tions awarded a fairly small number of 866 grants during the period
1995–2008, which combine into a pecuniary power of ca. 327 million
dollars.9 The average annual grant number is 62, with an annual average
of 24 million dollars. Overall, the total grant size grew from ca. 2 million
dollars in 1995 to ca. 47 million dollars in 2008. In 2007, grants peak
totaling ca. 79 million dollars. The Chronicle includes observations on
aspects of the grant-making and grant-receiving organizations, includ-
ing the program under which the grant-maker records a grant and the
purpose of the grant. With secondary information and coding it was
possible to establish that the 866 grants made between 1995 and 2008
come from only 94 foundations, of which 53 are independent.
Looking at the last seven years of funding, 2001–9, for which data are
available, the magnitude of the foundations’ impact on global gover-
nance institutions becomes clearer. The biggest philanthropic gift to the
UN was made by the Bill and Melinda Gates Foundation (66 million cur-
rent dollars) to the UN’s World Food Program in 2008. Another grant by
the Gates Foundation in 2007 awarded 30 million current dollars to the
UN Foundation for preservation of crop biodiversity. Of the 120 grants
to global governance institutions between 2001 and 2009, 29 were
above 1 million dollar grants. The smallest and most recent grant was
given by the Jolie-Pitt Foundation to the United Nations High Commis-
sioner for Refugees in Geneva ‘for its efforts to help families in Pakistan
displaced by conflict’ (Chronicle of Philanthropy). These million-plus dol-
lar grants total 198 million current dollars. This translates into 157
million in 1995-CPI based inflation-adjusted dollars, which can be com-
pared with 267 million dollars to Middle East programs between 2001
and 2009. Of the 267 million dollars, the grants to global governance
institutions with Middle East specification total 3.3 million dollars. This
shows that the arena of global governance is substantial, with money for
regions and country-specified CSO targets flowing through larger pro-
grams which are managed by global governance institutions. In terms of
grant numbers and dollars, Middle East philanthropy has not been a big
policy item for US foundations in the past decade and a half, and CSOs
by country vary greatly in the philanthropic aid they have received.
However, the focus on the narrowest triangle of the Arab–Israeli conflict
in international grant-making for Egypt, Israel, and the Palestinians is
dominating the pattern. Most grant money has been routed through US
recipients and intermediary organizations rather than being directed at
CSO actors in the countries of the Arab and Muslim worlds. Middle East
funding through global governance institutions has been small.
Further analysis of foundations shows that the Middle East inter-
national grant-making arena is dominated by 94 foundations which
award three quarters of all grants. Among them are ‘the big ones,’
such as Ford Foundation, John D. and Catherine T. MacArthur Foun-
dation, Bill and Melinda Gates Foundation, and Carnegie Corporation
of New York. Ford Foundation produces nearly half of all Middle East
grants (i.e., 400 awards). The top nine (defined as foundations mak-
ing 15 or more grants) issue 42 per cent of all grants, but only two
foundations, Ford and the Bill and Melinda Gates Foundation, when
it comes to the size of the award. Transnational agency by founda-
tions, however, must also be examined in terms of the substantial goals
and agendas they fund, including the type of organizations they award
Ann Vogel 75
2004 429,453 Agenda-the Israeli Center for Human rights To help Israeli social-change
Strategic Communication nongovernmental organizations
(Israel) develop their communications
programs
2002 423,569 New Israel Fund (Washington, Human rights For the organizing and educational
D.C.) activities of Palestinian Israeli
nongovernmental groups, including
activities related to the United
Nations World Conference Against
Racism
2001 129,080 Arab Association for Human Human rights For efforts to promote human rights in
Rights (Israel) Israel and to achieve equality for
Palestinians who are Israeli citizens
2001 153,174 over 18 months to Hands Along Human rights To conduct discussions on democracy
the Nile Development Services and human rights in Egypt
(Akron, Ohio)
79
80 Democratic Legitimacy of Philanthropic Foundations
Conclusion
Notes
1. Commonly defined as the transfer of private wealth in form of gifts or grants,
‘philanthropy’ describes acts of generosity toward individuals and organiza-
tions pursuing a public or social cause. Foundations in the US are non-profit
organizations regulated under charitable law, 501(c) 3. There are currently
over 72,000 US grant-making foundations (for overview see Prewitt, 2006b).
2. Grants and gifts in the area of global health by the Gates Foundation make
up about half of all grants for international causes by US philanthropy (cf.
Foundation Center and Council on Foundations, 2008).
3. Initiatives like ‘Guidestar’ provide broader data on non-profit organizations,
for example, board membership, but information is hardly complete (http://
www2.guidestar.org/).
4. For a dazzling list of ‘accountability initiatives’ from all over the world, see
(Anheier and Hawkes, 2009).
5. Religion is the biggest charitable cause in the US, but among the big
foundations education and research funding predominates.
6. All dollars discussed in this chapter are US dollars.
7. The US foundation sector’s international grant-making field is highly
skewed. Within US philanthropy, a great number of independent, commu-
nity, and corporate foundations are active grant-makers. Among them a
handful of the large foundations substantially organize most of the grant
money.
8. http://www.unmillenniumproject.org/goals/index.htm
9. Specific information on how the data were prepared for analysis, including
use of secondary data, can be obtained from the author.
10. The 25 grants with missing values were excluded from this analysis.
11. Tables for the full analysis are available from the author.
12. The countries benefiting are the US, Israel, and Afghanistan, Egypt, Gaza/
West Bank, Iran, Iraq, Jordan, Lebanon, Pakistan, Qatar, Sudan, Turkey, and
Yemen.
Ann Vogel 83
References
Ahmad, S. (1991). American foundations and the development of the social
sciences between the wars. Sociology – the Journal of the British Sociological
Association, 25(3), 511–20.
Alexander, J. C. (2006). The Civil Sphere (Oxford: Oxford University Press).
Anheier, H. K., and Hawkes, A. (2009). Accountability in a Globalising World:
International Non-Governmental Organisations and Foundations. In J. Eurich
and A. Brink (eds.), Leadership in sozialen Organisationen. (Opladen: VS Verlag
für Sozialwissenschaften), pp. 193–212.
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practice. In E. C. Lagemann (ed.), Philanthropic Foundations: New Scholarship
New Possibilities (Bloomington: Indiana University Press), pp. 359–76.
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84 Democratic Legitimacy of Philanthropic Foundations
Introduction
85
86 NGO Advocacy and the World Bank
studying global phenomena the researcher may find that tracing the
details of the activist agenda back to distant and unorganized stake-
holders is extremely challenging. Unsurprisingly, most studies of global
civil society treat NGOs as reasonable proxies for the grassroots interests
of the stakeholders they claim to represent. This trend is exemplified
by the incorporation of accounts written by NGO staff into academic
texts (e.g., Fox and Brown, 1998; Pincus and Winters, 2002; Walker
and Thompson, 2008). Practitioner accounts generally provide excel-
lent detail, firsthand information, and solid analysis. However, it is
difficult to imagine that they represent a comprehensive sampling
of perspectives.1 Combined with the tendency to sample only those
NGOs involved in a winning coalition, this practice can erroneously
create or magnify the impression that NGOs are reasonable representa-
tives of stakeholder interests and that they help include new voices in
transnational policy-making.
The IDA-10
Environmental organizations
Environmental NGOs formed the core of the anti-replenishment fac-
tion. These organizations varied in their methodologies and priority
issues but, in general, their environmentalism emphasized conservation.
Their advocacy efforts focused heavily on preventing the depletion of
natural resources, particularly woodlands.3 Ending the construction of
coal-fired power plants and promoting improved end-use efficiency as
an alternative to new power generation were also core elements of their
agenda prior to the IDA-10. They attacked hydroelectric power as well:
Greenpeace, Friends of the Earth (FoE), Environmental Defense Fund
(EDF), and others worked with the International Rivers Network (IRN)4
in opposing the Yacyreta dam in Argentina in September 1992.5 EDF
and IRN also led international opposition to the Narmada dam project
in India.
Some of the NGOs involved were ideologically opposed to the idea of
development requiring industrialization and economic growth. In his
book Mortgaging the Earth published just after the IDA campaign, Bruce
Rich of EDF described economic development and industrialization as
misguided efforts antithetical to most of human experience. He con-
cluded that ‘primitive, non-Western modes of living are largely superior
to modern ones’ (Rich, 1994: pp. 203, 240–1). This combination of envi-
ronmental conservation and development skepticism was also shared by
Narmada Bachao Andolan, the sole Southern NGO to take an active part
in campaigning against the IDA-10 replenishment.
Their value for conservation and their opposition to large-scale devel-
opment made environmental organizations logical opponents of the
IDA-10 replenishment. The IDA was the World Bank’s primary means
of lending to the world’s poorest countries, many of which had large
90 NGO Advocacy and the World Bank
Development organizations
Development NGOs involved in the 10th IDA ranged from service-
delivery organizations to advocacy groups. The most active were
Bread for the World, Church World Service, Lutheran World Relief,
Interaction, and Oxfam UK. These were joined by a host of other
organizations, including US and European-based actors like CARE and
NOVIB, and numerous parties from the developing world, such as the
Malaysian-based Third World Network and the Inter-Africa Group.
The two values which seemed to be shared by all development
organizations were a concern for poverty alleviation and a desire to
empower the poor. Unlike some environmental NGOs, development
organizations believed that poverty was real and objective, not just
socially constructed or relative. Some had been involved in efforts
to develop and popularize new metrics of poverty measurement. For
92 NGO Advocacy and the World Bank
Faith-based organizations
To limit a values-based typology of the NGOs involved in the 10th
IDA solely to environment and development would make for a rather
blunt parsing. It would ignore the role of faith-based organizations,
which had quite distinct values. Numerous faith-based organizations
were involved in the IDA-10 process. The Columbian Missionaries, the
Irish Missionary Union, and the Church of Ireland Bishops’ Appeal all
lobbied representatives of donor governments. The Aga Khan Founda-
tion and the US-based Islamic African Relief Agency signed the NGOWG
Christopher L. Pallas 93
letter. Bread for the World and Church World Services, already described
as development NGOs above, also represented faith perspectives.
In general, the driving principles of these groups appear to have
been social justice, specifically a concern for the well-being of disad-
vantaged and marginalized people. A statement from the US Catholic
Conference of Bishops, for instance, denounced structural adjustment
on the basis that ‘it is the poorest of the poor who suffer most’ from its
effects.12
Such concerns, however, do not seem to have manifested themselves
in a consistent set of policy positions or consistent participation in the
policy process. One informant asserted that faith-based groups involved
in the IDA aligned themselves with whichever of the two major camps,
environment or development, was more persuasive. Presumably, this
meant whichever side made a better case for the social justice benefits of
its agenda. While environmentalists were successful in making this case
early in 1992, the potential cancellation of the IDA funding changed the
stakes of the game, pushing some faith-based groups to realign them-
selves with development activists. The only faith-based groups to hold
consistent positions on the Bank and on IDA were those, like Bread
for the World and Church World Service, with a standing interest in
development.
A values-based division?
A strong correlation exists between the ideological categories presented
here and the related organizations’ positions on the 10th IDA replen-
ishment, at least with regards to the environmental and development
categories. The idea that an organization’s policy positions should be
driven by values and mission was also the perspective preferred by
most of the informants for this research, particularly for explaining
their own actions. Moreover, the concept has a certain intuitive merit:
environmental organizations should, it would seem, care more about
the environment, and development organizations should prioritize
development.
Closer examination, however, reveals the pitfalls in this argument.
Neither general values nor specific mission are necessarily good pre-
dictors of an organization’s decision to participate or withdraw from
advocacy, even if it can predict the organization’s policy preferences.
It does not explain why so many non-US organizations ceased to par-
ticipate later in the policy process. Moreover, it does not fully account
for WWF’s deviation from the environmental line. In short, values and
mission do not explain all of the observed NGO behavior.
94 NGO Advocacy and the World Bank
Funding
Claims of causation
The idea of a causal relationship between organizational funding
and position-taking was elaborated upon by several informants. One
environmental leader used funding to explain the divisions among
environmentalists, noting that ‘the big project-oriented NGOs like
World Wildlife Fund, Nature Conservancy International, and Conser-
vation International . . . looked to the Bank as a funder for their projects
and that kind of thing. So they were never particularly strong advocates
[for reform].’ Another noted a perennial tension between his organi-
zation and groups focused on ensuring that sufficient money is given
for development. Organizations who received funding from aid were
thought to oppose the cuts even if they did not receive direct funding
from the World Bank, because they believed IDA cuts could precipitate
a more general decline in US aid levels. According to one informant:
These groups were afraid to criticize the World Bank, even though
they might have lots of criticisms . . . they were reluctant to come out
publicly and say critical things about the World Bank, or be too crit-
ical because they were afraid that would play into the hands of the
right wing, the Reaganites, and so on who didn’t like foreign aid.
98 NGO Advocacy and the World Bank
Although some of these claims came in the form of critiques from anti-
IDA activists, they were validated by aid organizations and their allies.
InterAction represented over 150 development and relief NGOs dur-
ing the IDA-10. It sat on the NGOWG and had worked with World
Bank staff in 1990 on the reform of the Bank’s participation policies.
Its representatives were also invited to meet with US legislators and to
testify in Congressional hearings. According to a source involved with
the organization, the most commonly held concern among its mem-
bers during the IDA-10 time period was maintaining financing for their
activities.
Moreover, the anti-IDA activists who speculated on the financial moti-
vations of service-delivery organizations were themselves subject to
financial pressures. One informant stated that environmental activists,
including the core groups opposing the IDA, are continually ‘competing
for money, funding, and publicity.’ Such conflicts never became public,
but they could escalate to the point where activists sought to co-opt
the support of their competitors’ donors and draw away their funding.
Another NGO member noted that foundation donors rewarded vigor-
ous advocacy. One anti-IDA leader, the informant joked, seemed to be
‘paid by the column-inch’ for the press coverage he generated.
In the case of member-funded organizations, the advocacy agenda was
decided or affirmed by members. NBA was supported by Indian donors,
although the organization itself admits that these were not necessarily
the project-affected people in the Narmada valley it claimed to repre-
sent.20 NWF and Bread for the World had annual meetings at which
members could vote, as well as regular correspondence with members.
Greenpeace did not have such democratic agenda-setting processes, but
its very public position-taking created a clear brand that members chose
to support. Faith-based organizations were also member-supported,
either directly by congregants or individual donors or indirectly via a
denomination. They had clear brand identity of their own: an adher-
ence to faith tenets which set them apart (in either principle or practice)
from secular organizations (cf. Pallas, 2005).
A principal–agent relationship?
There is also evidence of a principal–agent relationship between Mott
and its grant recipients. There is no doubt that Mott funding supported
a substantial portion of the anti-IDA activism during the 10th IDA or
that Mott was pursuing its own strategic agenda. The question of a
principal–agent relationship, however, examines the extent to which
Mott funding influenced the behavior of the groups involved.
Several of the groups involved insist that Mott had little control
over their actions: ‘they had no influence whatever on us [the Mott-
funded environmentalists],’ asserted one senior staffer, because ‘the
people working on these issues [were] strong-willed and professional.’
Nonetheless, there are several indications that Mott had a principal–
agent relationship with its aid recipients, leading them into behaviors
they would not have undertaken on their own in order to facilitate the
outcomes Mott favored. These include coordinated policy-setting on the
part of grant recipients and the initiation of new activities in response
to Mott requests.
100 NGO Advocacy and the World Bank
Coordinating policy
All of the NGO informants interviewed for this research were asked
about their relationships with other non-governmental actors and the
extent to which they coordinated policy positions or lobbying activities
with like-minded organizations. Only the core group of environmental
activists, EDF, NWF, NRDC, FoE, and the Sierra Club, reported regular
meetings to coordinate policy and tactics. The groups shared informa-
tion among themselves and would allow the members best informed
about a particular policy or project to influence the position of the
coalition as a whole. Thus the impact of any given organization in this
coalition could be multiplied five-fold. The groups also used coordina-
tion to magnify their political footprint. For instance, when Bruce Rich
of EDF spoke before the Senate hearing on the IDA-10 replenishment
in June 1993, he spoke on behalf of the Sierra Club and NWF as well.
He began his testimony by reminding the senators present that these
three organizations ‘have more than 5.7 million members and support-
ers nationwide.’24 In an earlier hearing he testified on behalf of EDF and
the Sierra Club, while noting that his testimony was ‘congruent’ with
the positions of NWF and FoE.25
This coordination was a direct result of Mott influence. Maureen
Smyth, who oversaw the Mott grants, strongly suggested that the Mott-
funded NGOs coordinate their activities. When Mott began working
with the NGOs, each group had a niche area but their agendas over-
lapped. Smyth believed that groups could do more if they coordinated.
One staffer who worked on the NRDC effort described the organization’s
partnership with the other four major IDA opponents, saying that ‘some
of that [partnership] was by design,’ a result of Mott’s influence. At least
one informant indicated that his organization would not have partici-
pated in such meetings without Mott’s influence. Tellingly, such regular
coordination has largely ended since Mott funding ceased.
Initiating activities
As noted, Mott sought out the five NGOs it funded for World Bank
work. According to a staffer at one recipient NGO, Mott ‘liked this inter-
national financial institution’s work’ and gave money specifically for
such work, rather than because of any broader relationship with the
organization. The foundation’s funding led its grant recipients to initi-
ate activities they would not otherwise have undertaken. ‘Mott was the
major contributor,’ according to another member of staff, ‘if it hadn’t
been for Mott, the whole community wouldn’t have been able to do
what it did.’
Christopher L. Pallas 101
Further research
These conclusions are drawn from a single case study. Nonetheless, the
IDA-10 is notable for the large number of NGOs involved and the signifi-
cant policy changes at the World Bank that resulted from their advocacy.
The anti-Bank faction eventually succeeded in reducing the IDA fund-
ing, and the Bank responded with a number of policy capitulations
which significantly increased NGOs’ influence in Bank policy-making.
Most of the major NGOs involved in the IDA lobbying are still active in
international policy-making.
The idea that NGOs can democratize international policy-making is
not without merit. There exists abundant evidence that civil society
in general, and NGOs in particular, can have a significant impact on
international policy-making. When decisions are made in technocratic
international organizations or via diffuse mechanisms beyond the con-
trol of any one state, transnational advocacy networks may form the
best hope of reasserting stakeholder control over the decision-making
process. However, for NGOs to accomplish this end their behavior must
be critically examined by academics and policymakers alike. Unless
NGOs are subject to the same scrutiny to which they subject other
organizations, they may easily become a vehicle for enhancing influ-
ence of small groups of elites, such as their funders, staff, or core
members.
This chapter indicates some of the places where that scrutiny
should take place. At the very least, NGO claims of representivity
and inclusivity must be empirically tested. The role of funding in
Christopher L. Pallas 107
Notes
1. Some efforts have been made to utilize the strengths of practitioner-authored
accounts while overcoming their potential bias by inviting input from a
variety of competing actors. Fisher (1995) exemplifies the potential of such
an approach. However, in order to orchestrate such a volume, the editor
or editors must perform sufficient original research to identify diverse rel-
evant parties, and the focus of the volume must be narrow enough to
accommodate multiple accounts of the same events.
2. Sources for this chapter include interviews with 27 current or former staff
members of the World Bank, US government, and relevant NGOs, conducted
between November 2007 and August 2008.
3. Fax from Korinna Horta of EDF to BIC, ‘Indications of how IDA fails to
meet its basic objectives of poverty alleviation and environmental protec-
tion,’ 9 October 1992. Also, letter from Raymond Mikesell, Economic Advisor
to the Sierra Club International Program and Larry Williams, Washington
Director, Sierra Club International Program to George A. Folsom, Deputy
Assistant Secretary, International Development, Debt and Environment
Policy, US Treasury, 10 September 1992.
4. IRN is an NGO opposing ‘environmentally destructive’ dams. Lori Udall, the
staff lawyer who led EDF’s Narmada campaign, became Washington Director
for IRN in 1995.
5. Fax from Kay Treakle to ‘Tuesday Group Contacts’ of US environmen-
tal NGOs, plus global northern partners, ‘Letters to World Bank Executive
Directors Needed on Yacyreta,’ 9 September 1992.
6. See testimony by Glenn Prickett, Senior Associate, International Programs,
Natural Resources Defense Council, during hearings before the US House
of Representatives Subcommittee on International Development, Finance,
Trade, and Monetary Policy on Authorizing contributions to IDA, GEF, and
ADF, 5 May 1993.
7. Fax from David Reed, Director, International Institutions Policy Program,
WWF to George A. Folsom, Deputy Assistant Secretary, International Devel-
opment, Debt and Environment Policy, US Treasury, 3 September 1992.
108 NGO Advocacy and the World Bank
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6
Transnational Social Movements
and Democratic Legitimacy
Brigitte Beauzamy
Introduction
110
Brigitte Beauzamy 111
by people unable to bring them onto the agenda of political parties tak-
ing part in elections. Not all movements situate their contribution in
the field of democratic practices, yet many develop a critique of con-
temporary democratic practices and include their own democratization
in their goals. This chapter will therefore focus on the cases where
democracy is either considered to be one of the topics on which the
movement aims at making a contribution or, at least, to be a positive
value which should be developed and monitored in the mobilization
process. It should be noted that some authors go as far as considering
that this democratic orientation is intrinsic to the definition of social
movements, which should therefore exclude other actors engaged in
contentious politics, but with no concern for democracy either inter-
nally or externally: Michel Wieviorka (1988, 2004), for instance, has
developed the concept of the ‘anti-movement’ to qualify actors who
have also been qualified by others to form an ‘uncivil’ society, of which
armed movements are generally considered to be paradigmatic exam-
ples. We will not opt for the same categories, since issues concerning
the tactical use of violence by a movement should be distinguished
from its views on democracy, and many movements may feel comfort-
able engaging in illegal actions while being very sensitive about their
democratic qualities – whether they are real or imagined. Assessing a
movement’s respect for the rule of law therefore differs from looking
at its democratic credentials, for both dimensions are distinct, espe-
cially in transnational contexts (Donnelly, 2006; Gordon and Stack,
2007).
Some issues relative to democracy have been recurrent in many
transnational social movements ever since the labor movement, but
are still prevalent in contemporary movements, which is a good
indication that they cannot be ‘solved’ by the diffusion of demo-
cratic techniques, contrary to what many activists claim. They mix
normative issues – the ethical consistency of the movement’s ide-
ology and functioning – with organizational and tactical issues –
how to enhance its efficacy by increasing its capacity for innova-
tion, creativity, and quick response to societal changes as well as by
limiting internal dissent. In this first section, we will therefore exam-
ine how these classical reflexions about the shortcomings of social
movements’ democratic practices continue to inform contemporary
debates between activists. Far from being ‘solved’ by former theories
or experiences, these issues appear to be recurrent and predictable
limits to how contemporary movements conceive their democratic
arrangements.
Brigitte Beauzamy 113
In this final section, we shall examine how democracy has been placed
not only as an essential part of the internal political debates of social
movements, but also as a hope shared by social movement activists.
However, it is difficult to evaluate concretely how social movements
manage to attain their democratic goals.
(Starhawk, 2003: 102) – and force it to depart from the assumption that
democracy arises when the choices of others are respected. Today large-
scale democratic deliberations within the GJM take place without any
verification of the democratic character of the small-scale level which is
supposed to thrive in consensual direct democracy, but renewed internal
debates may change this situation.
Such diffusion of cultural norms may take the form of direct action
instead of mere discourses.
Internally as well as externally, the democratic credentials of
transnational social movements are therefore difficult to assess. The nor-
mative question whether social movements should be democratic has
been answered positively by most of them, yet no agreement exists as
to what kind of normative democratic demands this entails. In par-
ticular, there appear to exist serious disagreements on the definition
of democratic vs. undemocratic protest practices, as many movement
activists do not consider the rule of law to be an acceptable limit to their
repertoires and argue that, in some cases, democracy must be protected
against the rule of law.
Are we in a universe where such disparate democratic ideals coex-
ist that one can just notice these differences and conclude that there
is no shared definition of democracy at all? Part of the answer lies in
the fact that, transnational social movements use the vocabulary of
democracy extensively and are active in proposing reformulations and
contributions to contemporary democratic theory. This indicates that,
at least, they contribute to circulating the vocabulary of deliberation,
participation, and so on. In terms of democratization, one key contri-
bution therefore resides in their capacity to trigger more debates about
democracy at the transnational level.
Notes
1. The use of the tool of the imperative mandate is classically associated with
direct democracy and is widely adopted in anarchist movements (Dupuis-Déri,
2005). The bearers of such mandate receive detailed instructions especially
with regard to their negotiations with actors such as public authorities and
the police, which is supposed to limit the risk that they would falsely convey
the preferences expressed by the members of the group mandating them.
2. The Association pour la taxation des transactions financières et pour l’aide aux
citoyens (ATTAC) – Association for the taxation of financial transactions and
for the help to citizens – is one of the primary alterglobalist organizations in
France, where it was created in 1998. Since then, 35 other ATTACs have been
created in other countries.
3. The explanation for such a discourse would be too long to develop here, but
is based on the fact that movements’ discourses belong to a larger universe of
discourse on globalization, and therefore adopt the broader frames describing
globalization (Beauzamy, 2005, 2008).
4. Political sociologist and member of the scientific council of ATTAC.
5. President of the Centre de Recherche et d’initiatives pour le développement
(CRID).
6. Philosopher and jurist.
128 Transnational Social Movements and Democratic Legitimacy
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7
Diaspora Groups, Transnational
Activism, and Democratic
Legitimacy
Catarina Kinnvall and Bo Petersson
Introduction
Diaspora groups are potential key players in the relation between home-
land and host states and can quite tangibly affect political developments
in both, as well as have an impact on various aspects of global gov-
ernance (Hägel and Peretz, 2005). Theoretically this chapter focuses
on the relationship between diaspora politics, transnational activism,
and democratic legitimacy. Empirically, the chapter discusses the spe-
cific case of transnational activism among young Muslims in Europe.
Examining the democratic credentials of diaspora groups, we explore
how discourses on globalization, terror, and multicultural policies have
affected the extent to which some of these groups turn to radical Islam
or search for more moderate alternatives, but also how these groups are
internally constituted in terms of legitimacy and accountability.
Diasporas have attracted increasing academic attention in recent years
(Brubaker, 2005; Safran, 2005). There are many reasons for this. The
growing interest in issues like identity constructions, nationalisms, and
globalization provides one important impulse. As deterritorialization
processes (Scholte, 2000) unfold and accelerate, there is reason to ana-
lyze new and territorially less bounded processes of nation-building and
nation-making beyond the confines of the individual states. Diasporas
challenge traditional conceptions of territoriality and ingrained ideas
of what is inside and outside a state. As Carter (2005: 60–1) notes,
‘given the increased capacity for diasporas to “act at a distance” due
to technological advances in communication, and indeed the greater
prevalence of diaspora communities in the contemporary world, we
need to reconsider the ways that we think about the nation and its
130
Catarina Kinnvall and Bo Petersson 131
diaspora practice. As groups among the Sikh diaspora were facing a crisis
of legitimacy for their traditions in the host society, especially the post-
diaspora generation, the attack on the Golden temple in Punjab in 1984
(the so-called Bluestar Operation) created a painful transition from being
a ‘confident exile community’ to an ‘introspective victim diaspora’ (Sing
Tatla, 1999: 207). Not only did previously clean-shaven diaspora Sikhs
start to grow a beard and adhere to the Amritdhari3 tradition, the con-
sequences were immediately seen at the global level. Global human
rights NGOs, such as Amnesty International, and other international
organizations were pressured to investigate human rights violations in
Punjab (Kinnvall, 2002, 2006; Shani, 2002). Here it is important to note,
however, that the call for an independent Khalistan was predominantly
supported by high-caste Sikhs (especially Jats) living abroad, while it
was much less influential among low-caste diaspora Sikhs and among
many Sikhs in Punjab. Seeing diaspora as a practice thus brings to light
internal divisions and representations.
This bifocality can be further complicated by looking at the case of
Hizb ut-Tahrir (the Party of Liberation), whose global ambitions for an
Islamic state have resonated among post-diaspora Muslims in Europe
and elsewhere. Hizb ut-Tahrir is not easy to pinpoint in terms of what
kind of global actor it is, nor in terms of its effects on global governance.
It describes itself as a global party, but in most places it acts more as an
ideological global movement that uses local discontent to affect gov-
ernments and global institutions (Mandaville, 2001). The case of Hizb
ut-Tahrir complicates any simple bidirectional analyses of transnational
actors and global governance, as it clearly aims to establish an alterna-
tive global order at the same time as its methods are to affect Muslim
opinion locally by references to worldwide Muslim suffering. Attempts
to curb the movement have, as a result, dominated much political
discussion at both state and inter-state levels.
These examples show the difficulties in assuming any kind of straight-
forward correlation between diaspora politics and ‘good governance.’
They also question the correlation between transnational actors and
decreased state power in terms of control and surveillance (Brubaker,
2005). Here transnational terrorism has gained particular attention in
response to post-September 11, thus affecting global and regional gov-
ernance structures. Hence, terrorism legislation throughout Europe and
elsewhere has predominantly affected Muslims. Britain, together with
Spain, have been forceful actors in this regard and have attempted to
influence other EU member states to adopt draconian legislation on
terrorism in line with their own legal frameworks (Levidow, 2007).
Catarina Kinnvall and Bo Petersson 137
get away from seeing diasporas as closed ethnic communities who speak
with one voice. Muslims in Europe are highly divided in terms of eth-
nic belonging and homeland dimensions, yet they often mobilize, and
are mobilized by, diffuse transnational and global forces to act for a
common cause. Second, this choice can be motivated in terms of claims-
making aimed at global institutions – claims that often cross-cut ethnic
boundaries, and where global discourses on human rights are used as
justifications. Third, we have chosen these groups with particular refer-
ence to the post-diaspora generations, as these are often immersed in
new global technological networks, in which new forms of communi-
cation play an important part. In addition, post-diaspora generations
often experience the bifocality of diaspora practice at first hand, as they
are frequently made diffuse representatives of Islamic terrorism at the
same time as many of them experience a lack of access to domestic
institutions, pushing them toward the international and global stage.
In the empirical account we discuss the role(s) of Muslim diasporas as
transnational actors in the context of global governance, and the extent
to which we can talk about democratic legitimacy and accountability
in regard to these groups. The discussion is set against the background
of intensified discourses of fear and terror after September 11, and
involves a focus on how Islam is used, and sometimes securitized, by
transnational actors in order to advance a more radical or moderate
agenda in European societies.
conflict have been exported to their wider kin and to their post-diasporic
off-spring (Brown, 2006).
Here we may look at the International Security Assistance Force (ISAF)
in Afghanistan, and its spill-over effects in Pakistan, as an example of the
complex linkages between domestic politics in multicultural Europe,
the mobilization of post-diaspora Muslims, and global governance. After
the Taliban regime fell in 2001, the UN was instrumental in creating a
new government in Kabul aided by ISAF. Of importance is how Taliban
insurgency forces are using international media and public opinion to
establish sympathies for their cause. The overriding strategic narrative is
a quest for legitimacy. Most effort is devoted to Arabic language output,
aimed at soliciting the support of transnational networks and funders,
but efforts are also made to reach disenchanted diaspora communities in
the West through intermediaries, such as the Hizb ut-Tahrir and Tabligh-
i-jamaat. Tellingly ISAF is constantly portrayed as showing indifference
to civilian victims. The Taliban are also aware of Western sensitivity to
casualties and exploit this through attacks aimed at creating publicity
in the ISAF countries. The attacks against Canadian troops increased,
for instance, as the Canadian parliament was debating the questions
of Canadian troops in Afghanistan during the autumn of 2006 (Interna-
tional Crisis Group, 2009). All of this has effects on global governance, as
it questions the legitimacy of the UN, not only among its member states
but also among some members of Muslim post-diaspora groups, who
interpret their structural exclusion in Western societies as yet another
aspect of a Western-led global war against Islam.
Conclusion
Notes
1. When making general references to ‘diasporas’ in the following account, we
thus imply those claiming to represent diaspora communities.
2. The term ‘bifocality’ is used by Vertovec (2004: 977) to refer to migrants living
transnational lives.
3. A baptized Sikh.
4. In France a number of organizations compete to become official represen-
tatives of Muslim communities, such as the UOIF (Union des Organisations
Islamiques de France); the FNMF (Fédération Nationale des Musulmans de
France); the IMMP (L’Institute Musulman de la Mosquée de Paris); Tabligh,
and the CMTF (Le Comité Musulman des Turcs Français) (Pedziwiatr, 2007).
5. Interview with the leader Omar Mustapha at the Young Left’s web
page, accessed 15 January 2009, http://www.ungvanster.se/template/arkiv/
?pressID=1147).
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Part III
Democratic Problems and
Possibilities in a Transnational
Context
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8
Democratic Credentials or Bridging
Mechanisms? Constituents,
Representatives, and the Dual
Politics of Democratic
Representation
Enrique Peruzzotti
Introduction
In the past decade, civil society organizations (CSOs) have gained great
prominence at all levels of governance. At the local level, NGOs and
other types of advocacy organizations are now an established pres-
ence in the domestic field of democratic politics and have expanded
upon the traditional understanding of lobbying to include this new
group of public interests organizations. At the global and regional lev-
els, advocacy networks play a very active role promoting campaigns and
rallying transnational constituencies around different causes, ranging
from human rights to environmental issues. As they gain greater visi-
bility and assume new responsibilities, some concerns have been raised
around the democratic credentials of CSOs. It is thus common to hear
objections from elected officials, corporations, or governments concern-
ing the unrepresentative and unaccountable status of NGOs, complaints
about NGOs’ freedom from scrutiny through formal accountability
mechanisms, which other organizations are subject to, as well as skepti-
cism about the alleged contributions that non-governmental actors truly
make to the agenda of democratization of domestic and global institu-
tions. Thus the issue of the democratic credentials of different actors
emerges as a relevant question both at the domestic and global level.
The problem of democratic credentials of self-authorized actors was
not so pertinent before the third democratizing wave; on the contrary,
153
154 Democratic Credentials or Bridging Mechanisms?
there was widespread agreement that the work of human rights net-
works constituted a great contribution to the agenda of democratization
of many countries that were subject to authoritarian rule. But now that
democratically elected governments are in office and free elections are
regularly held in an unprecedented number of nation-states, the claims
of many of those organizations to ‘represent’ certain constituencies or
causes are being challenged, particularly by political parties and legis-
latures who feel that they hold the monopoly over what constitutes
legitimate democratic representation. After all, they argue, they had to
test their claims in a competitive electoral struggle. Why should repre-
sentatives that were rightfully authorized by the people in free elections
listen or take into account the claims of a cadre of self-appointed civic
leaders? Let NGOs stand for election, their argument goes, to see if their
claims get them into office.
Similar arguments are made in reference to the status and legiti-
macy of those NGOs and networks that operate in the global arena
and that conceive of themselves as part of a transnational civil soci-
ety reflecting the concerns of an alleged global citizenry. Certainly, at
the global level the democratic status of all actors is a contested issue,
given the absence of common electorally-appointed political authority.
Not only transnational NGOs but also transnational corporations and
intergovernmental institutions are struggling to establish themselves as
legitimate global actors. For some, however, the basis for the legitimacy
and accountability of business and intergovernmental institutions seem
to be better established than that of global CSOs. After all, the former
have clearly defined stakeholders to account to: owners/shareholders
and governments, respectively (Brown, 2008: 33). Many intergovern-
mental institutions can also justify their democratic claims by tracing
their linkages to elected authorities: they act as spokespersons of demo-
cratically elected administrations who selected them to represent their
nations’ interests. Global NGOs cannot claim any direct or indirect con-
nection to electoral accountability, nor can they claim (in most cases)
any formal linkage to a specific constituency, thus making it more diffi-
cult for them to establish their democratic credentials. Many questions
are consequently raised to challenge the representativeness (and thus
legitimacy) of CSOs. Who do these actors represent? To whom are they
accountable? Are they capable of democratic representation (Slim, 2002;
cf. Pallas, Chapter 5 this volume)?
The literature that is sympathetic to the struggles of CSOs at the
domestic and global level attempts to address such challenges by search-
ing for attributes that could signal the democratic character of those
Enrique Peruzzotti 155
actors. This is the intention that guides the present volume. In the
introduction, Erman and Uhlin set themselves the task of finding some
criteria to determine the democratic aspects of certain actors’ activi-
ties or practices in the global domain, around which they can establish
their democratic credentials. The latter usually opens up a search for
practices and/or mechanisms that could provide some functional equiv-
alent to electoral delegation/accountability and thus could serve to build
the democratic legitimacy of such actors (Macdonald, 2008). Functional
equivalents to electoral representation fall short of our expectations, for
any CSOs (no matter how accountable to its different stakeholders) will
inevitably be much less representative than a representative assembly
or a president (Arato, 2006) and, consequently, will not settle the chal-
lenge that the strong version of the ‘unrepresentative’ argument raises.
Even if we establish electoral procedures to appoint the leadership of an
organization or develop some mechanisms of accountability of the orga-
nization toward those that it claims to represent (or that are affected by
its activities), the universe of such organization will always be narrower
than the one that is covered by national representative institutions. Sec-
ond, and more importantly, strategies to force constituencies to become
‘representative’ openly undermine the very dynamics of democratic rep-
resentation. Even if possible, the development of a civil society that is
too accountable and representative of different stakeholders or groups
would undermine the creative dimension of the practice of democratic
representation. The question is not whether it is viable to force all non-
governmental actors to become representative and accountable or not,
but rather how to build adequate channels of institutional mediation
between a plurality of constituencies and different sites of decision-
making. It is those bridging mechanisms, not individual actors, which
should incorporate into their institutional design certain democratic
criteria like openness, plurality, accountability, and so on.
To properly frame the discussion on the democratic credentials of
different actors both at the national and global level, it is necessary
to address the issue of what we understand by democratic representa-
tion. Many of the arguments regarding the institutional deficit or lack
of democratic credentials, I will argue, are built around a narrow mean-
ing of what democratic representation is: they are usually predicated
on the model of the electoral relationship. Elections are presented as
the quintessential institution of democratic representation and elected
officials are considered the exclusive carriers of democratic legitimacy.
So a first step of this chapter is to confront such an understanding
of democratic representation by arguing that elections cannot be the
156 Democratic Credentials or Bridging Mechanisms?
In the second place, the placing of elections at the center of the anal-
ysis of representation overlooks the role of the multiple non-electoral
channels, through which different constituencies try to exert influence
on the decisions of elected representatives and institutions throughout
their tenure. In the third place, such an approach views representation
as largely the domain of political elites: democracy representation equals
democratic representatives. The role of those being represented is not
considered particularly relevant for the good exercise of representation
and, consequently, those activities that go beyond the act of voting tend
to be ignored. Lastly, it relies on a very minimal definition of democratic
accountability. By placing elections as the central element of repre-
sentative practices and simultaneously stressing the limitations of the
former as instruments of citizen’s voice and control, democratic min-
imalism ends up formulating a paradoxical analysis of representation
whereas the notion of representing becomes detached from the wishes
of the constituents. As one of the main contemporary proponents of
this model argues,
pluralist authors such as D.B. Truman, A.F. Bentley, and V.O. Key to call
attention to the non-electoral elements of representation, particularly
to the contribution of social groups to the political process (Peruzzotti,
2008). Current theories of civil society share this belief in the indis-
pensability of social groups to democratic agency. Civic participation
is considered a vital complement to electoral politics which helps to
realize the citizenship principle in contemporary mass democracies. It is
in those multiple associational terrains that a plurality of independent
constituencies shape and voice their opinions throughout the duration
of the representative tenure.
The consensus that exists in most civil society approaches regarding
the centrality of groups for the democratic political process as well as the
virtuous role that citizen’s participation plays in any democracy hides,
however, significant disagreements over how to understand civil soci-
ety. There is no agreement over the boundaries of the concept, on the
alleged benefits that civic participation brings to democratic life. Nor
is there consensus as to which particular actors and associational for-
mats are the most relevant for social and political life. In consequence,
the field of civil society studies frequently appears as fragmented, where
competing understandings of the concept challenge one another. The
end result is the uneasy coexistence of a diversity of understandings of
civil society that often leads to futile discussions over which of them
provides the most adequate understanding of the dynamics of contem-
porary civil societies (Peruzzotti, forthcoming). It is not the intention
of this chapter to open up a debate over those manifold understand-
ings of participation. For the present purposes, I will simply argue that
all of the associational forms that different civil society models have
in mind can be placed under the wing of a broader concept that is
supposed to contain them all: the notion of a mediated field of pol-
itics. Constituent politics presupposes the existence, expansion, and
constant recreation of a heterogeneous associational field. The latter
contains primary and secondary groups and networks, abstract publics,
social movements, NGOs, private interest organizations, and so on.
Those associational forms are a crucial set of mediations, which stand
between the individual citizen and representative structures, providing
voice and influence to different sorts of constituencies. On the other side
of the representative equation we find a set of representative institutions
that aggregate and bridge interests and opinions and have the capa-
bility to make authoritative decisions that translate into specific public
policies. Elected representatives, unlike constituent groups, are neither
self-constituted nor self-appointed but are formally authorized by the
160 Democratic Credentials or Bridging Mechanisms?
know about the NGO’s existence. In some cases advocacy NGOs claim to
express the interests of constituencies that do not yet exist. They do not
give voice to an already constituted group but they are rather acting as
‘constituency entrepreneurs.’ Through their claims they hope to bring
about a new constituency or to empower and organize voiceless groups.
The classical relationship that democratic theory postulates between
constituent and representative is inadequate to account for the politi-
cal activities of this sort of actor. There is no clear delegation of power
from a determinate constituency; rather the organization acts as a self-
authorized group. In many cases advocacy NGOs speak on behalf of
constituencies that do not yet exist. Consequently, they make rep-
resentative claims without having received any formal authorization
from the alleged constituency they claim to represent. Following War-
ren Nyamugasira, one could argue that some advocacy NGOs engage
in interim representation in the sense that the organization speaks for
a constituency that is not yet present, because it is disempowered
and lacks consciousness of itself as a constituency temporarily filling
such a void, while acting as a spokesperson of that would-be con-
stituency. As Nyamugasira (1998: 303) argues, the role of the NGO
is thus to organize such a constituency and eventually to make their
role superfluous. In this particular case, the success of a claimant can
only be properly evaluated over a certain time span, for it usually
requires a sustained campaign or struggle to bring awareness regarding
new concerns, identities or interests. It would be wrong to ignore this
temporal dimension, for no process of identification or recognition is
immediate.
The sort of creative politics that characterizes many advocacy NGOs
is at odds with the standard account of political accountability, which
is predicated on the notion that representatives are responsive to con-
stituents who are already constituted and thus are able to delegate
their power to them. Many advocacy organizations, like a certain NGO
that claims to represent the interests of the poor or children, act
as self-appointed representatives, for in most cases they did not receive
any formal authorization from those constituencies (Montanaro, 2008).
There might not be a clearly identifiable group that could be considered
their natural constituency. The electoral notion of political accountabil-
ity loses its meaning in the absence of a process of formal authorization
from a principal to an agent. Does that mean then that the criticisms
that are leveled at the unrepresentative and unaccountable nature of
NGOs are correct? Are those challenges to their democratic legitimacy
valid?
164 Democratic Credentials or Bridging Mechanisms?
The glory of civil society institutions ought to be that they are not
representative, and because they are not, are free to argue and shout
their visions of social justice, seek to persuade, offer alternatives that
representative institutions cannot.
(Anderson, 2009: 11)
Notes
1. A good example of such approach is the recent book by Terry Macdonald,
Global Stakeholder Democracy: Power and Representation Beyond Liberal States.
The book’s argument is predicated on the idea of finding a functional equiva-
lent to elections to build the democratic credentials of NGOs. The strategy is
to abstract from the electoral relationship those elements – delegation and
accountability – that in her view constitute the legitimate basis for repre-
sentative agency (Macdonald, 2008: 177, 192). This leads to a search for
non-electoral mechanisms of authorization and accountability that ‘could
potentially be employed to confer democratic legitimacy upon a range of
agents of public power in global politics . . . ’ (193). The premise is that
unelected actors such as advocacy NGOs should satisfy ‘the demands of the
mandate model’ (163), that is, to build democratic credentials NGOs have to
adapt themselves to the exigencies of a mandate model; mandate that in this
Enrique Peruzzotti 169
case is the outcome of a negotiation of the organization with all of its differ-
ent stakeholders (200). Macdonald even concedes that (at least in principle),
‘a stakeholder community would be entitled to demand that an NGO either
comply with its unilaterally formulated demands or desist from its public
political activity . . . ’ (Macdonald, 2008: 200).
2. The distinction between constitutive and representative politics is taken
from César Montúfar, who develops it in a very suggestive article about the
relationship between participation and representation (Montúfar, 2006).
3. This is also the belief of some strands of democratic elitism which cast many
doubts of the usefulness of elections as a mechanism for signaling voter’s
preferences (Manin et al., 1999).
4. This does not entail that all constituent politics is intrinsically transforma-
tive: a great part of constituent politics is merely an expression of existing
identities and interests. This is the case of the dynamics analyzed by the pres-
sure groups literature that focuses on the lobbying activities of private interest
organizations (Schmitter, 1974; Offe, 1985).
5. This is not to argue that no NGO should be ‘downward accountable.’ This
is a crucial issue for service provider NGOs that claim to best serve certain
social groups. In those cases, the establishment of effective mechanisms of
downward accountability is crucial to test their claims. The same holds true
of organizations that claim to best express or mirror the voice of specifically
defined social groups, be it a neighborhood or a private interest organization.
What I am arguing instead is that democratic representation requires a plu-
ralistic arena of constituent organizations, and that it would be erroneous
to try to steer all constituent politics into a single mirroring logic. A similar
argument could be made in relation to democratic representatives: the good
exercise of political representation requires an important degree of account-
ability but, beyond a certain threshold, accountability becomes detrimental
to political representation for it eliminates the creative dimension of politics
(March and Olsen, 1995; Arato, 2006).
6. The groups that participate in constituent politics are a diverse and heteroge-
neous universe of actors motivated by different sorts of considerations. Some
of them actually entail forms of descriptive representation of constituencies
that can be clearly traced and identified. Other groups act as carriers of new
discourses and identities (Offe, 1984; Melucci, 1996). This latter kind of actor,
like an international advocacy NGO that lacks a clearly defined constituency
can be seen as representing a specific type of discourse. ‘The idea of discursive
representation – Dryzek and Niemeyer argue – provides democratic valida-
tion for the activities of NGOs and other transnational activists’ (Dryzek and
Niemeyer, 2008: 491). Dryzek and Niemeyer, however, propose to formalize
such a discursive representation through the creation of ‘Chamber of Dis-
courses.’ For particular policy issues, they argue, one could identify relevant
discourses on a specific area and simultaneously identify a good representative
of each of them (Dryzek and Niemeyer, 2008: 491). Members of a Chamber of
Discourses will not be selected because they represent constituencies or indi-
viduals (485) but will be the subject of a ‘systematic selection by social science
methods’ (486). The selection of discursive representatives through scientific
or technical criteria entails an aseptic and depoliticized view of the inherently
political nature of constituent politics. Constituent politics are relevant not
170 Democratic Credentials or Bridging Mechanisms?
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Introduction
173
174 Adding Democratic Values is Not Enough
One basic assumption of the additive view is that civil society should
play a central role in the democratization of global governance by
strengthening democratic values such as accountability, access, delib-
eration, transparency, participation, publicity, and responsiveness. This
chapter has tried to show that increased democratic values do not lead
to more democracy. The reason is that they only become democratic
values within a system, which (at least) fulfills the three conditions of self-
government, political equality, and political bindingness.10 This means
that in order to promote the value of democracy beyond the nation-
state, we must promote such a system beyond it too. Indeed, from this
standpoint, there are strong reasons to support Amartya Sen’s (1999: 11)
view that democracy has become a universal value during the twentieth
century.
This conclusion should not make us disillusioned about achieving
better and more legitimate global governance. Neither should it make
us disillusioned concerning global democracy. The proposed conceptual
framework is only meant to be of assistance to discriminate between
democratic and non-democratic (but morally justified) proposals for
better global governance. For in order to know whether we have con-
tributed a novel and fruitful conceptualization of global democracy, we
have to investigate its theoretical and conceptual structure. Otherwise
we cannot compare different democratic proposals and analyze their
democratic credentials. I conclude by exemplifying three possible ways
forward.
First, one could take an alternative normative route, theorizing bet-
ter global governance by way of a justificatory device such as fairness
or accountability. For example, in a recent book, Andreas Föllesdal
(2008) discusses what he labels ‘normative legitimacy’ in multilevel
190 Adding Democratic Values is Not Enough
Notes
1. The term is unfortunate because it implies a quantitative element, which is
irrelevant for my argument.
2. Here I only discuss authority in a normative sense (morally legitimate
authority), i.e., not de facto authority. However, this distinction is not
accepted by everyone. As pointed out by Tom Christiano, Hobbes insisted
that any entity capable of functioning as a de facto authority is necessarily
Eva Erman 191
justified and deserves the obedience of the de facto subjects. See Hobbes (1992
[1668]) and Christiano (2008).
3. Of course, how these rightful ends are defined is dependent on which view
of democracy we hold, e.g., whether we defend a procedural approach,
according to which the people themselves define those ends (through an
appropriate procedure), or a substantive approach, in which some of the
ends are of intrinsic value and defined independently of the people. How-
ever, some substantive approaches tend to confuse the question of what
makes a system democratic with the question of what justifies a democratic
system.
4. How we further define the boundaries of a demos, for example, as more
or less ‘well-bounded’ (Dryzek) or more or less ‘homogeneous’ (Steffek and
Nanz), is not of immediate interest here.
5. It seems as if Dahl addresses this question empirically rather than concep-
tually, which is sometimes overlooked by his critics. Indeed, to the extent
that he aimed at a conceptual point about the homogeneity of a demos, he
is simply wrong.
6. Unless, of course, one develops a principle of ‘stakeholder citizenship’ as
a criterion for the democratic inclusion (see, for example, Bauböck, 2007).
Even if this is not a criterion that is itself subject to democratic decision-
making, it is a way of justifying an expansion of a democratic polity and
thus acknowledging the problems that are raised in this chapter. See also
Dahl (1989: Ch. 9).
7. This claim still leaves open the question of whether stakeholders who are
more affected should have more influence in the decision-making process,
which is a common argument. To be of relevance for democracy, also such
proposals must offer a ‘yardstick’ from the point of view of political equal-
ity, i.e., be able to say that those who are equally affected should have an
equal say.
8. Of course, this must be interpreted at an appropriate level of abstraction,
since concrete beings are born, die, and migrate.
9. This is why most political theorists have left this contradiction to be ‘solved’
by history, for example, by letting the democratic project be rescued by the
nation-state, i.e., with set boundaries already in place.
10. Note again that these are only necessary conditions for democracy, not
sufficient conditions on most accounts of democracy.
11. In a similar vein, Allen Buchanan and Robert Keohane have developed a
global public standard for the normative legitimacy of GGIs, which is sup-
posed to provide a basis for principled criticism and reform. See Buchanan
and Keohane (2006); see also Erman and Higgott (2010).
12. For a criticism of Brunkhorst and Habermas and a defense of the idea that
state and constitution necessarily hang together, see Scheuerman (2008,
2009).
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10
Conclusion: Transnational Actors
and Global Democracy
Eva Erman and Anders Uhlin
Introduction
194
Eva Erman and Anders Uhlin 195
purely political actors. In fact, it is often argued that TNAs whose main
focus is not politics should not be subject to democratic demands,
although they should still be transparent. Arguably, this would exclude
TNCs, epistemic communities and service-delivering NGOs – provided
that they do not take part in global policy-making – from democratic
requirements. However, if we understand politics as related to power –
not only in the sense of decision-making within a narrowly defined
political sphere – actors that wield a lot of power and have a fun-
damental impact on the lives of many people should be subject to
tough democratic requirements, even if they are not involved in formal
rule-making.
Focusing on the internal structure of TNAs, a distinction can be made
based on the degree of formal organization. For diffuse networks, like
diaspora groups and social movements, non-electoral representation,
deliberation, and participation in a broad sense could be important
democratic values. For example, ‘mutual accountability’ might be an
appropriate form of throughput legitimacy. Electoral representation and
accountability are not feasible mechanisms within diffuse networks. By
contrast, formal institutions, like NGOs, foundations, and TNCs, might
ideally feature both electoral and non-electoral forms of representation.
Participation in decision-making, for instance, is an important issue
concerning this kind of actor.
While we have suggested that democratic requirements appropriate
for TNAs might justifiably vary depending on, for instance, their moti-
vations, power, and internal structure, there are some aspects of demo-
cratic legitimacy that are relevant for all types of actors. Transparency
is something that we could, and ought to, demand from all kinds of
TNAs (and other actors like states and international organizations, too,
of course). Indeed, transparency can be seen as a necessary condition
for accountability. Organizations whose decision-making processes are
kept secret cannot be held accountable. If relevant stakeholders have no
access to information about a decision-making process, there is no way
they can hold the decision-makers accountable. While a degree of trans-
parency is necessary for realizing other democratic goals, transparency
per se does not make an actor democratic. It is only in combination with
other democratic qualities that transparency increases the democratic
legitimacy of an actor.
The case studies included in this volume show that some aspects of
input and throughput legitimacy are clearly not relevant for some TNAs.
However, assessing all kinds of TNAs based on their democratic out-
put legitimacy, conceptualized as the consequences of their activities
Eva Erman and Anders Uhlin 201
Democratic trade-offs
speaking, this means that, no matter how many different TNAs are
politically active on the global political scene, and no matter how vital
a global civil society, it is doubtful to what extent this can be said
to increase global democracy, unless a global polity is developed in
tandem.
Looking at the different proposals for making global institutions more
democratic from this theoretical point of view, problems arise that in
our view would gain from being elaborated further. For one, it sheds
new light on the democratic trade-offs discussed earlier. Certainly, trade-
offs between different democratic values are a reality for any democratic
system. But with an eye to the international political arena, in which the
informal and formal tracks are dispersed, some trade-offs seem to give us
no (or very little) guidance as to whether the democratic legitimacy of
global governance institutions is, in fact, strengthened. Moreover, while
some trade-offs are in principle compatible with the basic idea that the
informal and formal political activity in question is coupled to the same
legal subjects, others become more problematic. For example, increased
deliberation at the expense of egalitarian representation would be hard
to justify democratically. We believe that future research would have to
take a closer look at which trade-offs are relevant from a democratic
point of view, and which are better described as being about something
else, for example, about making global governance institutions more
accountable and transparent, or more just. These values have democratic
force within a democratic system, in which legal subjects are tied to their
political authorities via formal and informal pathways.
In light of Erman’s criticism of the tendency to add democratic val-
ues in the attempt to increase global democracy (Chapter 9), political
theorists would have to ask themselves, for example, what through-
put legitimacy can possibly mean in the absence of input legitimacy
and, likewise, what output legitimacy could mean in the absence of
input legitimacy. The problem of separating the formal and informal
tracks in global governance calls for further inquiry into alternative
approaches to democratic legitimacy in a global political context. One
such attempt is made by Peruzotti (Chapter 8), who argues that we
should redirect the question about the democratic credentials of TNAs
from a focus on actors and agency to a focus on institutions. A sim-
ilar conclusion is drawn by Erman (Chapter 9), who claims that we
cannot even investigate the democratic credentials of TNAs without
studying the political role they are supposed to play in a given institu-
tional structure. From this point of view, as acknowledged by Peruzotti,
we had better focus our attention on the institutional characteristics of
206 Conclusion: Transnational Actors and Global Democracy
those formal and informal spaces that are supposed to mediate between
decision-making bodies and constituencies, in order to find proper
‘institutional bridges’ between them. In fact, all contributions to the
volume, in one way or another, study the political activities of differ-
ent TNAs in different institutional structures rather than as a separate
political phenomenon.
We wish to address two additional problems raised by the theoret-
ical and empirical research of this volume, which should be further
examined in future research on democracy beyond the nation-state.
The first concerns the central role that the all-affected principle plays
in almost all literature on democratic global governance, including the
present volume; the second concerns how democratic theory should
deal with transnational market actors. We address each problem under
separate headings. Indeed, since both problems raise the question of
what normative ideals different suggestions for more democratic global
governance are anchored to, we conclude by saying a few words about
alternative sources of legitimacy.
While the liberal tradition in all its versions has upheld a distinction
between civil society and state, how to get the economic sphere into this
equation has been much contested. For Hegel, civil society consisted of
a network of civil, cultural, and economic activities as well as legal insti-
tutions. Marx, on the other hand, considered civil society to be foremost
an economic society and a class society. In the contemporary debate in
political theory, however, the economic sphere is under-theorized in this
context, located in no man’s land somewhere between or outside civil
society and the state. This needs to be addressed further by normative
political theory in a transnational context. For example, to problematize
the common use of the all-affected principle discussed before – claim-
ing that the more powerful an actor, the more rigid requirements for
democratic control are called for – we might ask whether, for exam-
ple, TNCs ought to become more democratically legitimate at all. The
recent global financial crisis can illustrate this point. Even if people in
the rich part of the world already go about as if everything is back to
‘business as usual,’ we have not yet seen the proportions of social injus-
tices that poor and vulnerable groups and states will have to bear in the
near future because of the global economic crisis. With focus directed
to transnational market actors from the point of view of democracy –
in the search for scapegoats and for people to hold to account – we
implicitly presuppose that business is, and should be, responsible for
our normative ideal of the global common good. But as expressed by
Habermas (2008), politics turns itself into a laughing stock, when it
moralizes instead of relying on the enforceable law of the democratic
legislator. The democratic system is responsible for promoting the com-
mon good, and how transnational ‘market’ actors are supposed to be
connected to such a system needs to be investigated rather than simply
presupposed.
This is yet another example of how the all-affected principle might be
problematic. While the justification for inclusion of actors, according to
this principle, lies in the normative force of affectedness (of affecting
and being affected), how to define and justify this affectedness is itself
a political and perhaps even a democratic question. For example, con-
cerning economic TNAs we might take one step back and ask whether
their power instead should be legally constrained and limited through
regulation, in order to restrict, or at least control, the extent to which
they affect people’s lives and basic interests, rather than immediately
assuming that they ought to be ascribed a democratic role in global gov-
ernance. In order to offer a more fine-grained comparative analysis of
different TNAs in global democratic decision-making, much more work
210 Conclusion: Transnational Actors and Global Democracy
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Index
214
Index 215