The rise of powerful private actors with capacities that
sometimes are greater than that of state capacities has been a key development
in the international community. The significant observed significance of this
development is due to many of the questions it seems to bring about regarding
sovereignty, authority, and capacity. Questions such as how corporations can be
held accountable with these things in mind may have great impact on the future
structure of the international environment. The type of methods that might be
devised to achieve this and how successful these methods are may be definitive
the continued development of the international community. These issues also
seem to be indicative of motives of value vs. motives of interest.
The
Cutler article framed a difference between authority and cooperation as being
based on whether an actor acts out of their own interest or out of obligation.
Given recent developments such as Apple refusing the FBI, and Youtube refusing
requests by governments by public actors to remove videos help to illustrate
that companies that have grown to international levels are often willing to
refuse government requests which shows a lack of obligation. Of course, laws
can become a sticky thing once a company gains an international presence.
Practices that are illegal in one country may be carried out in another country
with more suitable laws for the MNC. Due
to the increasing capacity some companies seem to carry, the laws that they are
supposed to be subject to seem less pressing than market and economic pressure.
I spoke previously about the possibility of governments colluding in order to
capitalize on corporate dependence on the market and using whatever influence
they had on the economy (IE taxation and labor laws) to try and alter the behavior
of private actors however this type of collusion between international public
actors seems unlikely for reasons I stated previously.
These
issues bring attention to the striking difference between idealized authority
and actual authority based on capacity or the right to act vs the ability to
act. Many of the trends we have seen seem to indicate that the ability to act along
with interests to do so are far more compelling than whether or not an actor
has the right to act based on values to do so. Even acting through obligation
might simply be indicative of the state’s ability to enforce its own right to
make and enforce laws. Whatever the case, as these private actors and the economy
continue to develop and as the public sphere develops in relation to them we
are likely to see the continued emergence of a world where questions of
authority and sovereignty are increasingly ambiguous.
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