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401. Consumer Citizenship in Postnational Constellations?

Author:
Christian Joerges and Michelle Everson
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
It is perhaps a truism to note that 'the consumer' is but a role that is played by human subjects. This insight leaves us, as lawyers, with one vital question: how can or does the legal system meaningfully rationalise its encounters with the consumer? Can it, and if so to what way, shape the act of consumption? Can it even ensure that the 'fact' of consumption translates into 'good' normative institutions.
Topic:
Economics, Globalization, and Politics
Political Geography:
Europe

402. Codecision and Institutional Change

Author:
Henry Farrell and Adrienne Héritier
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
We examine the sources and processes of institutional change in one important aspect of EU politics—the legislative procedure of codecision and show how interstitial change of institutions emerges between formal Treaty revisions and under specific conditions may be formalized in subsequent formal Treaty reforms. We develop two related models of Treaty change. First, in a'simple' model, we argue that informal rules will be formalized in the Treaty text where all member states are in agreement, and will be rolled back when all member states oppose them; otherwise they will continue in existence at the informal level. Second, in a more complex framework, we argue that actors who have effective veto powers in a related arena may make credible threats that allow them to press member states into formalizing informal rules, provided that member states are not unanimously opposed to this formalization. We empirically assess our claims in the light of several instances of informal rules applied in the codecision procedure.
Topic:
Development, Economics, and Politics
Political Geography:
Europe

403. The Composition of the College of Commissioners: Patterns of Delegation

Author:
Holger Döring
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Recent theoretical studies question the view that the European Commission is a preference outlier. This paper addresses this question by discussing the composition of the European College of Commissioners and by focusing on the appointment process. The analysis is based on a dataset that contains biographical information for all commissioners since 1958. The analysis highlights the importance of commissioners' party affiliation and their former political positions. Multivariate regression analysis shows that smaller member states have tended to send more high-ranking politicians to the College of Commissioners than larger member states. However, party affiliation has not become more important as an appointment criterion. What has changed with time has not been the party link but the caliber of positions held by commissioners before they are appointed to the College.
Topic:
Development, Government, and Politics
Political Geography:
Europe

404. Rational Choice and EU Politics

Author:
Mark A. Pollack
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Over the past two decades, rational choice theories have made rapid inroads into the study of EU politics. This paper examines the application of rational choice analyses to EU politics, assesses the empirical fruitfulness of such analyses, and identifies both internal and external challenges to the rational choice study of the EU. With regard to the empirical fruitfulness of rational choice, the paper notes charges of methodological 'pathologies' in rational choice work, but suggests that rational choice approaches have produced productive research programs and shed light on concrete empirical cases including the legislative, executive and judicial politics of the EU, as well as on other questions such as public opinion and Europeanization. Turning to external critiques, the paper examines claims that rational choice is ‘ontologically blind' to certain phenomena such as endogenous preference formation and sources of change. While rational choice as a research program does focus scholars attention on certain types of questions, rational choice scholars have theorized explicitly, alongside scholars from other theoretical traditions, about both national preference formation and about endogenous source of change, thereby clarifying and advancing the study of both phenomena.
Topic:
International Relations, Development, and Politics
Political Geography:
Europe

405. Domestic Politics and Referendums on the Constitutional Treaty

Author:
Gemma Mateo González
Publication Date:
05-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
How can the decision of ten member states to subject the Constitutional Treaty of the European Union (EU) to a referendum be explained? Recently, some scholars have considered the need to give legitimacy to the decisions of the EU as one of the principal motivations for holding referendums. An empirical analysis of the motivations behind the decisions in favour of referendums uncovers a completely different reality, however. Political actor s used the possibility to hold referendums about European matters in a strategic way to strengthen their positions in the domestic context rather than to correct the democratic deficit of the EU. The analysis of a database with the positions of all the political parties represented in the national parliaments of the twenty-five member states confirms this point.
Topic:
Politics, Sovereignty, and Treaties and Agreements
Political Geography:
Europe

406. Changes in the Constitutional Structure of Bosnia and Herzegovina

Author:
Henry L. Clarke
Publication Date:
02-2006
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
The constitutional structure of Bosnia and Herzegovina is complex, emerging as it did from a peacemaking process between Serb forces of Republika Srpska and a coalition of Bosniak (or Muslim) and Croat forces under the Federation of Bosnia and Herzegovina. Most of the fundamental obligations of the state of Bosnia and Herzegovina and its two subordinate Entities, Republika Srpska (RS) and the Federation of Bosnia and Herzegovina (FBiH), arise from the General Framework Agreement for Peace (GFAP) in Bosnia and Herzegovina and its Annexes, often called the Dayton Accords, signed in Paris on December 14, 1995. The Constitution of Bosnia and Herzegovina is Annex 4 of the General Framework Agreement.
Topic:
Democratization, Government, and Politics
Political Geography:
Europe, Bosnia, and Herzegovina

407. Remembering George Kennan: Lessons for Today?

Author:
Melvyn Leffler
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Kennan's thinking and policy prescriptions evolved quickly from the time he wrote the “Long Telegram” in February 1946 until the time he delivered the Walgreen Lectures at the University of Chicago in 1950. His initial emphasis was on the assessment of the Soviet threat. With new documents from the Soviet archives, we can see that the “Long Telegram” and the “Mr. X” article contained both brilliant insights and glaring omissions. After he was appointed by Secretary of State George C. Marshall to head the newly formed Policy Planning Staff, Kennan's thinking evolved from a focus on threat assessment to an emphasis on interests. Believing that the Soviet threat was political and ideological, and not military, Kennan stressed the importance of reconstructing Western Europe and rebuilding western Germany and Japan. The key task was to prevent the Kremlin from gaining a preponderance of power in Eurasia. Kennan always believed that containment was a prelude to rollback and that the Soviet Union could be maneuvered back to its prewar borders. Eventually, the behavior of the Kremlin would mellow and its attitudes toward international relations would change. The United States needed to negotiate from strength, but the object of strength was, in fact, to negotiate—and compromise. It was important for the United States to avoid overweening commitments. American insecurity stemmed from a mistaken emphasis on legalism and moralism. The United States could not transform the world and should not seek to do so. Goals needed to be modest, linked to interests, and pursued systematically. Kennan would have nothing but disdain for a policy based on notions of a “democratic peace.” But the empirical evidence of social scientists cannot be ignored. Should the pursuit of democracy no longer be seen as a value, but conceived of as an interest?
Topic:
International Relations, Security, and Politics
Political Geography:
Russia, United States, Japan, America, Europe, Eurasia, Asia, Soviet Union, Germany, and Chicago

408. Rising Tensions Between Turkey's AKP and the Courts

Author:
Soner Cagaptay
Publication Date:
05-2006
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
On May 17, a gunman chanting Islamist slogans attacked the Turkish Council of State (the Danistay, or high court for administrative affairs) in Ankara. The gunman killed one judge and wounded four others who were sitting in the Council's second chamber, which has recently upheld Turkey's ban on “turbans” in schools. In accordance with the European and Turkish notion of secularism (laïcité in French) as freedom from religious symbols in the public sphere, Turkey bans public officials and school students wearing turbans—a specific style of women's headcover that emerged in the mid 1980s and that the courts consider an Islamist political symbol. (Turbans are distinct from traditional headscarves, which are not banned.) Photographs of the judges had earlier been published in Islamist newspapers with headlines targeting them.
Topic:
Ethnic Conflict, Politics, and Religion
Political Geography:
Europe, Turkey, and Middle East

409. The Key to Arab Reform: Moderate Islamists

Author:
Amr Hamzawy
Publication Date:
07-2005
Content Type:
Policy Brief
Institution:
Carnegie Endowment for International Peace
Abstract:
Before any significant political reform can take place in the Arab world, the United States and Europe need to begin engaging moderate Islamists, an action less thorny than it might seem because Islamists have embraced democratic procedures and have shown a strong commitment to the rule of law. For a long time Arab regimes have frightened the United States and Europe into supporting regimes' repressive measures toward Islamist movements by invoking the nightmare of anti-Western fanatics taking power through the ballot box. However, today's moderate Islamists—while illiberal in many important respects—no longer match the nightmare. Excluding them from the political sphere weakens the chances of democratic reform and increases the likelihood that eventually they will resort to violence.
Topic:
International Relations, Politics, and Religion
Political Geography:
United States, Europe, and Arabia

410. How Russia is Not Ukraine: The Closing of Russian Civil Society

Author:
Maria Lipman
Publication Date:
01-2005
Content Type:
Policy Brief
Institution:
Carnegie Endowment for International Peace
Abstract:
The revolutionary events in Ukraine in November–December 2004 highlighted the absence of checks and balances in the Russian political system. What happened in Ukraine is inconceivable in today's Russia.
Topic:
Conflict Resolution and Politics
Political Geography:
Russia, Europe, Ukraine, Eastern Europe, and Asia