Yishai Blank

Spheres of Citizenship

The Article argues that, contrary to its state-centered conception, citizenship is determined, managed and controlled in three distinct yet intertwined territorial spheres: the local, the national and the global. Without claiming that the national sphere is vanishing or becoming irrelevant for the determination of rights, duties, group belonging and participation in public life (all different aspects of citizenship), I argue that sub-national territorial units as well as supranational political organizations are increasingly impacting citizenship. All three spheres take part in deciding who shall be entitled to various rights (political, social and economic), what shall be the exact content of those rights, and who shall have the power to make such determinations. Yet each sphere bases its citizenship on a distinct logic and on a different set of assumptions and justifications: the local on residency; the national on lineage or place of birth; and the global on belonging to humanity. The Article demonstrates the ways in which citizenship is impacted by the three spheres and the different forms of legitimation that each sphere enjoys. The realization that our citizenship is a product of developments and activities in all three levels has theoretical, analytical and practical implications.

The Persistence of the Public/Private Divide in Environmental Regulation

Abstract New modes of environmental regulation are said to have transcended the public/private divide. These new regulatory schemes - referred to as non-coercive orderings, self-regulation, co-regulation, metaregulation and social regulation - set aside the formal nature of the regulating entity, the regulated entity, and the tools of regulation. Instead of asking whether the means, objects and formulators of the regulation are public or private, the focus lies on the substance and effectiveness of the regulation in mitigating environmental harms. In this Article we argue that despite these claims, often advanced by new governance proponents, the public/private divide in in fact alive and well, informing and impacting the ways in which various regulatory schemes are justified and legitimated. We exemplify this argument through an analysis of the role of three entities in international environmental regulation: the state (and its perception as sovereign), local governments, and civil society entities (both NGOs and business corporations). This Article then suggests three consequences of the persistence of the public/private dichotomy and its denial: it produces a “tilt” towards the private; it tends to hide conflicts and disagreements, projecting an image of a frictionless world; and it prevents an imagination of a different world that transcends the structure of social life embedded in it.

The Reality of Cosmopolitanism

Ulrich Beck wrote a series of books on the reality of cosmopolitanism thereby starting a revolution in the human and social sciences internationally.