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201. The Resurgent Idea of World Government

Author:
Campbell Craig
Publication Date:
07-2008
Content Type:
Journal Article
Abstract:
The idea of world government is returning to the mainstream of scholarly thinking about international relations. Universities in North America and Europe now routinely advertise for positions in ''global governance,'' a term that few would have heard of a decade ago. Chapters on cosmopolitanism and governance appear in many current international relations (IR) textbooks. Leading scholars are wrestling with the topic, including Alexander Wendt, perhaps now America's most influential IR theorist, who has recently suggested that a world government is simply ''inevitable.'' While some scholars envision a more formal world state, and others argue for a much looser system of ''global governance,'' it is probably safe to say that the growing number of works on this topic can be grouped together into the broader category of ''world government''—a school of thought that supports the creation of international authority (or authorities) that can tackle the global problems that nation-states currently cannot.
Topic:
Government and Governance
Political Geography:
Europe and North America

202. Redesigning the European Court of Human Rights: Embeddedness as a Deep Structural Principle of the European Human Rights Regime

Author:
Laurence R. Helfer
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
The European Court of Human Rights (ECtHR) is the crown jewel of the world's most advanced international system for protecting civil and political liberties. In recent years, however, the ECtHR has become a victim of its own success. The Court now faces a docket crisis of massive proportions, the consequence of the growing number of states subject to its jurisdiction, its favourable public reputation, its expansive interpretations of individual liberties, a distrust of domestic judiciaries in some countries, and entrenched human rights problems in others. In response to this growing backlog of individual complaints, the Council of Europe has, over the last five years, considered numerous proposals to restructure the European human rights regime and redesign the European Convention on Human Rights (ECHR). This article argues that these proposals should be understood not as ministerial changes in supranational judicial procedure, nor as resolving a debate over whether the ECtHR should strive for individual or constitutional justice, but rather as raising more fundamental questions concerning the Court's future identity. In particular, the article argues for recognition of 'embeddedness' in national legal systems as a deep structural principle of the ECHR, a principle that functions as a necessary counterpoint to the subsidiary doctrine that has animated the Convention since its founding. Embeddedness does not substitute ECtHR rulings for the decisions of national parliaments or domestic courts. Rather, it requires the Council of Europe and the Court to bolster the mechanisms for governments to remedy human rights violations at home, obviating the need for individuals to seek supranational relief and restoring countries to a position in which the ECtHR's deference to national decision-makers is appropriate.
Topic:
Government and Human Rights
Political Geography:
Europe

203. Human Rights, International Economic Law and 'Constitutional Justice'

Author:
Ernst-Ulrich Petersmann
Publication Date:
09-2008
Content Type:
Journal Article
Abstract:
According to J. Rawls, 'in a constitutional regime with judicial review, public reason is the reason of its supreme court'; it is of constitutional importance for the 'overlapping, constitutional consensus' necessary for a stable and just society among free, equal, and rational citizens who tend to be deeply divided by conflicting moral, religious, and philosophical doctrines. The European Court of Justice (ECJ), the European Court of Human Rights (ECtHR), and the European Free Trade Area (EFTA) Court successfully transformed the intergovernmental European Community (EC) treaties and the European Convention on Human Rights (ECHR) into constitutional orders founded on respect for human rights. Their 'judicial constitutionalization' of intergovernmental treaty regimes was accepted by citizens, national courts, parliaments, and governments because the judicial 'European public reason' protected more effectively individual rights and European 'public goods' (like the EC's common market). The 'Solange method' of cooperation among European courts 'as long as' constitutional rights are adequately protected reflects an 'overlapping constitutional consensus' on the need for 'constitutional justice' in European law. The power-oriented rationality of governments interested in limiting their judicial accountability is increasingly challenged also in worldwide dispute settlement practices. Judicial interpretation of intergovernmental rules as protecting also individual rights may be justifiable notably in citizen-driven areas of international economic law protecting mutually beneficial cooperation among citizens and individual rights (e.g. of access to courts). Multilevel economic, environmental, and human rights governance can become more reasonable and more effective if national and international courts cooperate in protecting the rule of international law for the benefit of citizens (as 'democratic principals' of governments) with due regard for human rights and their constitutional concretization in national and international legal systems.
Topic:
Government
Political Geography:
Europe

204. The Russian World—Changing Meanings and Strategies

Author:
Valery Tishkov
Publication Date:
08-2008
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Gorbachev's liberalization brought the opening of Russia to the outside world and with it interest in and contact with the Russian 1 diaspora. After the dis- solution of the Union of Soviet Socialist Republics (USSR), the problem of the diaspora evolved quickly, when it was transformed into a political and even a humanitarian challenge.
Topic:
Civil Society and Government
Political Geography:
Russia, Europe, and Asia

205. Constitutional Court and the Closure of Political Parties in Turkey

Author:
Yusuf Sevki Hakyemez
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This policy brief aims to discuss the limits of the freedom of political parties in Turkey. The political party bans consitute one of the most important problems threatening the freedom of political parties in Turkey. The restrictions on the political parties come to the fore in two different forms: dissolution after the military coups and closure by means of legislation. In the current context of the case opened against the AK Party, it may be possible and advisable to apply an amendment, bringing Turkish jurisprudence in such matters in line with the standards of the European community.
Topic:
Democratization, Government, and Politics
Political Geography:
Europe, Turkey, and Middle East

206. The transport infrastructure in Russia - From modernization to development: fact and fiction

Author:
Katri Pynnöniemi
Publication Date:
02-2008
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
During recent years, transport and infrastructure development has acquired the status of a 'topic to be mentioned by the president' and other high-level state officials in their public appearances. The rise of transport from almost complete oblivion into the sphere of state strategic interests has been rapid, and it is a subject which is likely to maintain a high profile in the years to come. Success in implementing the current plans for infrastructure development is considered critical in order to generate further economic growth. From the longer-term perspective, it will also be critical in ensuring the diversification of the economy and securing Russia's place amongst the most advanced economies in the world. The modernization of the transport infrastructure is also seen as a lever with which Russia can reposition herself as a power-house in Eurasia. In actual fact, Russia is not a bridge but the dead-end of Eurasia. The country is faced with the enormous task of modernizing its transport infrastructures and implementing structural reforms that have been postponed for years. This would pose a tremendous challenge even in the best possible external circumstances, never mind against the backdrop of inflation and uncertainty in the world markets which exists at present. Something which has changed is that Russia now has the resources and the appropriate legislation in place to carry out these tasks. Yet, even if considerable effort has gone into defining strategic priorities, infrastructure investments are still implemented in an ad-hoc manner. The country is in dire need of massive construction projects. If the quality of the state apparatus in managing government spending does not improve – and there are few signs of that materializing – infrastructure development will become the Trojan horse of the Russian economy.
Topic:
Development, Government, and Political Economy
Political Geography:
Russia, Europe, and Asia

207. The Grass Is Not Always Greener: A Look at National Health Care Systems Around the World

Author:
Michael Tanner
Publication Date:
03-2008
Content Type:
Working Paper
Institution:
The Cato Institute
Abstract:
Critics of the U.S. health care system frequently point to other countries as models for reform. They point out that many countries spend far less on health care than the United States yet seem to enjoy better health outcomes. The United States should follow the lead of those countries, the critics say, and adopt a government- run, national health care system.
Topic:
Government and Health
Political Geography:
United States and Europe

208. How to Achieve a Better Budget for the European Union?

Author:
Daniel Gros
Publication Date:
04-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In recent decades the EU has widened and deepened to such an extent that it now deals in almost all areas of policy-making. Its budget, however, has barely changed over this period. It thus needs to be radically reformed if it is to reflect the priorities of an expanding and deepening Union. Over 40% of spending still supports agriculture, a declining sector; spending for research and innovation, recognised as the main driving force of productivity growth, is too low, and there is no room in the budget for the new public goods of domestic and external security that the public demands. However, the budget is determined through an inter-governmental negotiation in which no entity defends the over-arching European interest since all countries (rationally) care only about their 'net balance'.
Topic:
Government and International Political Economy
Political Geography:
Europe

209. The Other Side of the Moons - The Schengen Information System and Human Rights: A Task for National Courts

Author:
Evelien Brouwer
Publication Date:
04-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
The recent proposals of the European Commission for a European Border Management Strategy are based on an almost blind faith in the use of large-scale databases, identification measures and biometrics for immigration and border control purposes. It is clear that these measures entail a risk to the protection of not only the right to privacy and the right to data protection, but also to the freedom of movement and the principle of non-discrimination. This paper by Evelien Brouwer, lecturer at the Law School of Utrecht University, considers the human rights implications of the Schengen Information System (SIS). Describing the case of Mr. and Mrs. Moon, who have been reported as “inadmissible” in the SIS for more than ten years, the difficulties for third country nationals trying to remedy a false or unlawful SIS report are highlighted. The Moon case illustrates that the outcome of national proceedings dealing with an SIS alert can be very different. The author concludes with recommendations to guarantee individuals' rights to effective remedies and to improve the position and powers of national courts.
Topic:
Government, Human Rights, and International Law
Political Geography:
Europe

210. The European External Action Service: Roadmap for Success

Author:
Brian Crowe
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
Chatham House
Abstract:
Even the largest EU member states are no longer in a position on their own to shape international events or the world we all live in. Acting together in the EU they have shaped the international trade agenda. They have been much less successful in foreign policy for a combination of reasons, largely lack of will and poor arrangements. The Lisbon Treaty sets out to remedy the second of these, perhaps helping also to remedy the first in a world in which that becomes increasingly vital for European interests.
Topic:
Foreign Policy, Government, and Treaties and Agreements
Political Geography:
Europe and Lisbon