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61. The Legal Construction of Membership: Nationality Law in Germany and the United States

Author:
Mathias Bös
Publication Date:
01-2000
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
The argument of this paper is that several empirical puzzles in the citizenship literature are rooted in the failure to distinguish between the mainly legal concept of nationality and the broader, political concept of citizenship. Using this distinction, the paper analysis the evolution of German and American nationality laws over the last 200 years. The historical development of both legal structures shows strong communalities. With the emergence of the modern system of nation states, the attribution of nationality to newborn children is ascribed either via the principle of descent or place of birth. With regard to the naturalization of adults, there is an increasing ethnization of law, which means that the increasing complexities of naturalization criteria are more and more structured along ethnic ideas. Although every nation building process shows some elements of ethnic self-description, it is difficult to use the legal principles of ius sanguinis and ius soli as indicators of ethnic or non-ethnic modes of community building.
Topic:
Government and Nationalism
Political Geography:
United States, Europe, and Germany

62. Insular Autonomy: A Framework for Conflict Settlement? A Comparative Study of Corsica and the Åland Islands

Author:
Farimah Daftary
Publication Date:
10-2000
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The aim of this paper is to undertake a comparative evaluation of autonomy as a method of conflict settlement based on two case studies of insular regions in Western Europe: the Åland Islands and Corsica. It will highlight the factors which have contributed to the success of conflict settlement in the case of Åland and draw some lessons from the failure of conflict regulation thus far in Corsica. It then proceeds to analyse the "Matignon Process" (December 1999-July 2000) which culminated in a compromise document presented by French Government on 20 July 2000 to the Corsican representatives. Although its prospects for success are mixed, this is the most significant effort to date by the French Government to resolve the conflict in Corsica through an open and democratic political dialogue with elected representatives of the Corsican population. The measures proposed will result in a third statute and a limited form of autonomy for Corsica, pending constitutional revisions by 2004. This paper will also offer some thoughts on the potential impact of the Corsican reforms on other French regions and territories.
Topic:
Conflict Resolution, Demographics, Nationalism, and Population
Political Geography:
Europe

63. Current Legal Status of the Federal Republic of Yugoslavia (FRY) and of Serbia and Montenegro

Publication Date:
09-2000
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The deteriorating relationship between Montenegro and Belgrade has raised the question of whether the Federal Republic of Yugoslavia, with its two constituent republics of Serbia and Montenegro, in fact continues to exist. The answer to this question has immediate relevance to the forthcoming federal elections scheduled for 24 September 2000, and in particular the issues of: whether the government of Montenegro can legitimately boycott those elections, in the sense of refusing to co-operate in their physical conduct and encouraging Montenegrins not to vote; and whether the federal government is entitled to take any, and if so what, action in response to the Montenegrin government so deciding. This legal briefing paper seeks, in this context, to address the following questions: What precedents were set by the decisions of the European Community (EC) Arbitration Commission concerning the status of the former Socialist Federal Republic of Yugoslavia (SFRY) and its Republics that might be relevant to an assessment of the current legal status of the FRY? What actions have been taken by the FRY federal government, the Republic of Montenegro, the Republic of Serbia, or the international community that may affect the status of the FRY and the legitimacy of its government and federal institutions? What is the current status of the FRY, its government and federal institutions, and how does this affect Montenegro's obligation to participate in the 24 September 2000 federal elections?
Topic:
Government, Nationalism, and Politics
Political Geography:
Europe, Eastern Europe, Yugoslavia, Serbia, and Montenegro

64. Coming Home or Moving Home? "Westernising" Narratives in Finnish Foreign Policy and the Re-interpretation of Past Identities

Author:
Chris Browning
Publication Date:
01-1999
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Since the end of the Cold War it is widely accepted that Finnish foreign policy has oriented increasingly towards the 'West', the most pertinent and concrete example of which, to date, has been accession to the EU. Implicit in many commentaries is the assumption that this orientation is a natural phenomenon, the natural culmination of an effervescent Finnish 'Western' cultural identity. Whilst the rhetorical style perhaps differs espousers of this view draw on Herderian and Hegelian assumptions, essentially arguing that after the unfortunate interruption and deviation from its true path occasioned by the Cold War the Finnish 'national spirit' is now back on its rightful historical and linear course to national fulfilment and blossoming. Looking into the nation's history such discourses see Finland's cultural and political roots as lying in the West and hence posit that with the break-up of the Soviet Union Finland is returning to these organic origins in Western civilisation, with all the effects for foreign policy such a 'Western' identity will entail. This is what we may term the 'Westernising' narrative of current debates about Finnish identity and Finnish foreign policy. On this basis the Finnish Cold War foreign policy of neutrality is characterised, either as having been a total aberration and betrayal of the Finnish 'Western' Self, or, and perhaps more commonly, as having been the best possible option available to the Finnish elite at the time: constrained by the dictates of power, agile Finnish political leaders were able to manoeuvre the Finnish ship of state through the various pitfalls and traps waiting to beguile them in the stormy waters of great power Cold War politics. Now free of such power dictates these current 'Westernising' discourses are attempting to push Finnish foreign policy towards the West, legitimising such a move to the Finnish public and the wider international audience on the grounds of Finland's claimed historical Western identity. To note the title of this panel discussion, “Defining New Identities Between East and West', for Westernising discourses there is no between about it. As an organically Western state why would Finland want to be between East and West any longer? On this basis the Finnish neutrality of the Cold War period merely disguised the true Finnish identity, a ruse so that Finland could in the future once more live as its true self when conditions once again permitted.
Topic:
International Relations, Foreign Policy, International Political Economy, and Nationalism
Political Geography:
Europe and Finland

65. EU and Legitimacy - The Challenge of Compatibility: A Danish Case Study

Author:
Lykke Friis and Anna Murphy
Publication Date:
07-1999
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
Since the difficulties of ratifying the Maastricht Treaty legitimacy has topped the EU's agenda. Departing from the dominating trend in the literature that the EU's legitimacy problems are largely due to the EU's inability to develop a common identity, which can compete or even replace national identities, this article shifts the focus to compatibility. The core legitimacy test is whether the EU and its member states – as a multidimensional governance system, in which nation states persist alongside supranational institutions – can develop identities, which are compatible. Based on this approach the article analyses the ratification debate on the Treaty of Amsterdam in one Member State, namely Denmark. Its core conclusion is that it is indeed important to abandon the traditional conceptualisation of EU legitimacy. As the Danish case shows legitimacy can be enhanced if member states are able to (re)construe the EU as being compatible with national identity.
Topic:
Nationalism and Treaties and Agreements
Political Geography:
Europe

66. International Conferences: The Postwar Transformation of Germany Democracy, Prosperity and Nationhood

Author:
Gregg O. Kvistad, Andrei S. Markovits, Thomas Banchoff, Wolfgang Krieger, Patricia Davis, Jost Halfmann, Peter H. Merkl, Donald P. KOmmers, Ernst B. Haas, Peter Kruger, Ludger Lindlar, Christhard Hoffman, Charles Maier, and Michaela Richter
Publication Date:
11-1995
Content Type:
Working Paper
Institution:
Institute of European Studies
Abstract:
The founding of the Federal Republic of Germany as a democracy had two primary negative referents: the institutional weakness of the Weimar Republic that made it susceptible to the Nazi seizure of power and the authoritarian statist tradition of the nineteenth century. This essay argues that the institutionalization of the professional civil service in the early Federal Republic drew selectively on these negative examples, somewhat ambiguously exchanging the location of political parties and the professional civil service, but retaining substantial elements of subsequent redefinition of the role of the German citizen. Throughout the 1970s and the 1980s, German statism was rendered "inappropriate" not only for German society, but also for the institutional identity of Germany's venerated professional civil service.
Topic:
Cold War and Nationalism
Political Geography:
Europe and Germany

67. Nations, Nationalism, and The European Citizen

Author:
John Keane
Publication Date:
10-1993
Content Type:
Working Paper
Institution:
Centre for the Study of Democracy, University of Westminster
Abstract:
What is a nation? Do nations have a right to self-determination? If so, does that mean that the national identity of citizens is best guaranteed by a system of democratic government, in which power is subject to open disputation and to the consent of the governed living within a carefully defined territory? And what of nationalism? Does it differ from national identity? Is it compatible with democracy? If not, cam its growth be prevented, or at least controlled, so as to guarantee the survival or growth of democracy?
Topic:
Civil Society, Nationalism, and Politics
Political Geography:
Europe