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171. State Sovereignty, Popular Sovereignty and Individual Sovereignty: from Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law?

Author:
Ernst-Ulrich Petersmann
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper discusses the basic constitutional problem of modern international law since the UN Charter: How can the power-oriented international legal system based on “sovereign equality of states” be reconciled with the universal recognition of “inalienable” human rights deriving from respect for human dignity and popular sovereignty? State representatives, intergovernmental organizations, international judges and non-governmental organizations often express different views on how far the universal recognition of human rights has changed the subjects, structures, general principles, interpretative methods and “object and purpose” of international law (e.g. by the emergence of erga omnes obligations and jus cogens limiting state sovereignty to renounce human rights treaties, to refuse diplomatic protection of individuals abroad, or domestic implementation of international obligations for the benefit of domestic citizens). The paper explains why effective protection of human rights at home and abroad requires multilevel constitutional protection of individual rights as well as multilevel constitutional restraints of national, regional and worldwide governance powers and procedures. While all European states have accepted that the European Convention on Human Rights and EC law have evolved into international constitutional law, the prevailing paradigm for most states outside Europe remains “constitutional nationalism” rather than “multilevel constitutional pluralism.” Consequently, European proposals for reforms of international economic law often aim at “constitutional reforms” (e.g. of worldwide governance institutions) rather than only “administrative reforms”, as they are frequently favoured by non-European governments defending state sovereignty and popular sovereignty within a more power-oriented “international law among states.”
Topic:
Economics, Nationalism, Politics, and Sovereignty
Political Geography:
Europe and United Nations

172. 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

173. Rising Powers and Agents of Change

Author:
Thomas Donnelly
Publication Date:
01-2006
Content Type:
Policy Brief
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
For the world's unreconstructed monarchies, autocracies, and tyrannies—the demographic of aggressive states— and for those like Osama bin Laden, Ayman al-Zawahiri, and Abu Musab al-Zarqawi who aspire to create such states, there is not much to like about American geopolitical preeminence. Indeed, it sometimes appears as though it is the United States that is the aggressive, rising power. President George W. Bush's desire to maintain a “balance of power that favors freedom,” coupled with hyper-powerful means, prevents the United States from acting like a traditional, status-quo power. Viewed from the outside, the Pax Americana can appear less than peaceful.
Topic:
International Relations, Security, Foreign Policy, and Sovereignty
Political Geography:
United States

174. On the Manner of Practising the New Diplomacy

Author:
Jorge Heine
Publication Date:
10-2006
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The traditional model of diplomacy, founded on the principles of national sovereignty and of statecraft, is becoming less relevant as a field of new, influential actors enter the international system. Diplomats must now engage a vastly larger number of players in host countries, as the age-old “club model” of diplomacy gives way to a less hierarchical “network model.” This paper calls for a new approach–one in which diplomats project their nation's values and interests to the growing field of international players, focusing on a critical set of issue areas of special relevance to the mission. Although the environment in which diplomacy is practised has changed drastically, the adaptive behaviour of many diplomats and foreign ministries has not always kept pace with this new reality. This is part of the reason they are not fully able to take advantage of the many opportunities offered by increased international flows and interactions. Drawing on the author's diplomatic experience in South Africa and India, it is argued that diplomats are no longer sheltered from the political realm; that they are more accessible by and have wider access to non-state actors; and that they must respond to the vast array of demands these new factors pose.
Topic:
International Relations, Diplomacy, Nationalism, and Sovereignty
Political Geography:
India and South Africa

175. The LTTE's Online Network and its Implications for Regional Security

Author:
Shyam Tekwani
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
In the light of the expanding online networks of terrorist groups and the immediate and foreseeable threat they represent both to the sovereignty of nations and the security of the critical and informational infrastructures, the case for securitization of the internet is a valid and urgent one. This paper will use the case study of the online network of the LTTE to demonstrate how online networks pose a security threat and how securitization of the internet can offer solutions.
Topic:
Security, Regional Cooperation, Sovereignty, and Terrorism

176. The Formation of a Mercantilist State and the Economic Growth of the United Kingdom 1453-1815

Author:
Patrick Karl O'Brien
Publication Date:
07-2006
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
New institutional economics lacks a theory of state formation which could help us to deal with the mega question of why some states became more efficient than others at establishing and and sustaining institutions. Some kind of middle range theory could be formulated based upon historical case studies. This paper considers the case of Britain and as its title suggests degrades the myth of the United Kingdom as the paradigmn example of liberalism and laisser faire. In making its precocious transition to and industrial market economy the kingom's history is best represented as a case of successful mercantilism.
Topic:
Development, Economics, and Sovereignty
Political Geography:
Britain, United Kingdom, and Europe

177. The Dangers of Political Exclusion: Egypt's Islamist Problem

Author:
Bassma Kodmani
Publication Date:
10-2005
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
MUCH HAS BEEN WRITTEN in recent years about Islam and politics, Islam and democracy, and Islam's compatibility with the requirements of modernity. These debates cannot be settled conclusively by referring to the holy texts, because such texts lend themselves to conflicting interpretations. This paper, therefore, takes a different approach. Using Egypt as a case study, it focuses not on the relationship between Islam and politics in the abstract, but on the relationship between religious authority and political authority as it unfolds in practice. It outlines the motivations, interests, strategies, and agendas of the institutions that represent and speak for Islam and those that represent the state and act in its name. The interaction between them is a mix of complicity and rivalry that has profound effects on Egyptian society, the Egyptian state, and its relationship with the outside world.
Topic:
Islam, Politics, Religion, and Sovereignty
Political Geography:
Africa and Egypt

178. Towards a New Profile? Development, Humanitarian and Conflict-Resolution NGOs in the Age of Globalization

Author:
Tobias Debiel and Monika Sticht
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Both the significance and the profile of nongovernmental organizations (NGOs) have undergone a fundamental transformation in the past twenty years. In development cooperation new fields such as ecological sustainability and the promotion of democracy have emerged besides 'traditional' issues like poverty reduction. Furthermore, confronted with the realities of war and state decline, developmental NGOs pay increasing attention to crisis prevention and the resolution of conflicts; even a new type of nongovernmental organization has appeared, conflict-resolution NGOs. The change has been particularly dramatic in the area of humanitarian aid: even before the end of the Cold War some NGOs – Médecins sans Frontières (MSF) at the head of all of them – freed themselves from the “straitjacket” of only conducting humanitarian operations with the permission of the (often illegitimate) local government; meanwhile the concept of sovereignty has been substantially redefined. NGOs, however, also con- formed to the imperatives of globalization and commercialization, and formed oligopolies on the market for humanitarian aid. At the same time, they are also confronted with their own “powerlessness” in conflict zones: actors of violence and power-holders successfully attempt to instrumentalize humanitarian aid for their own purposes, and western military forces threaten the independence of humanitarian work by demanding subordination to political and strategic goals.
Topic:
Globalization, Government, Humanitarian Aid, Non-Governmental Organization, Privatization, and Sovereignty

179. After Hierarchy? Domestic Executive Governance and the Differentiated Impact of the European Commission and the Council of Ministers

Author:
Torbjorn Larsson and Jarle Trondal
Publication Date:
10-2005
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This study offers an organisation theory approach that claims that the differentiated organisational constellation of the European Union contributes to a differentiated Europeanisation of domestic core-executives. It is argued that the European Commission mainly activates the lower echelons of the domestic government hierarchies, notably professional experts within sector ministries and agencies. Furthermore, the European Commission arguably weakens domestic politico-administrative leadership, the Foreign Office and the Prime Ministers Office. By contrast, the Council of Ministers arguably strengthens domestic politico-administrative leadership, the Foreign Office and the Prime Ministers Office. A comparative analysis of the decision-making processes within the central administrations of Norway and Sweden is offered. Based on a rich body of survey and interview data this analysis reveals that multi-level interaction of administrative systems between the European Commission and the Norwegian and Swedish central administrations occur largely outside the control of the domestic politico-administrative leadership, Prime Ministers Office and Foreign Office. In Sweden this tendency is to some extent counterbalanced by the inter-sectorally interlocking effect of the Council of Ministers.
Topic:
International Relations, Government, and Sovereignty
Political Geography:
Europe

180. Multilateralism, Sovereignty And Normative Change In World Politics

Author:
Amitav Acharya
Publication Date:
05-2005
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
This paper examines the role of multilateralism in fostering and managing normative change in world politics, with specific regard to the fundamental norms of state sovereignty. Post-war multilateralism helped to define, extent, embed and legitimize a set of sovereignty norms, including territorial integrity, equality of states and nonintervention. Today, multilateral institutions are under increasing pressure to move beyond some of the very same principles, especially nonintervention, as part of a transformative process in world politics. Without multilateralism, it is highly doubtful that the post-war international order would have been so tightly and universally built upon the norms of sovereignty. And without multilateralism, argues this paper, transition from this normative order now would be difficult and chaotic, as may be already happening as a result of the Bush administrations's challenge to the current multilateral system
Topic:
International Relations, Politics, Sovereignty, and Treaties and Agreements