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Begin New Search Topic Sovereignty Political Geography Europe Content Type Journal Article

1. Cyberspace and Naval Power

Author:
Matthew J. Flynn
Publication Date:
09-2022
Content Type:
Journal Article
Journal:
Journal of Advanced Military Studies
Institution:
Marine Corps University Press, National Defense University
Abstract:
Seapower has come to cyberspace as a measure of the so-called greatest transfer of wealth in history given the efforts of China and other states to steal intellectual property online. But the first greatest transfer of wealth comprised Europe’s rise to prominence post-1500 ACE. What historians call the “rise of the West” came to fruition with a forfeiture of the ideological promise of sharing the benefits of Western civilization worldwide. Cyberspace promises to align both threads of the new naval power, economic gain, and ideological conviction, a novel change in the history of conflict at sea all made possible by the technical marvel of cyberspace.
Topic:
Sovereignty, Navy, Seapower, and Cyberspace
Political Geography:
China, Europe, and Global Focus

2. Why Did Italian Democracy Become Vulnerable? Theorizing the Change from Neo- to Quasi-Militant Democracy

Author:
Joanna Rak
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Embedded in scholarship on militant democracy, this research aims to explain how Italian legislation was positioned to militant democratic measures and how this changed over time. Drawing on the qualitative source analysis and the explanatory frameworks of democratic vulnerability tests two competing theory-grounded assumptions. While the first one assumes that Italian democracy became vulnerable when traditional militant democracy instruments were outmoded, the second considers the misuse or abandonment of those means with social consent as the source of vulnerability. The crisis-induced socioeconomic inequality and uncertainty weakened the Italian political nation. As a result, the latter supported populists in return for a promise of political change. The anti-democratic legal means employed to extend power competencies and prevent the exchange of ruling parties were the way to and the costs of the expected political change. At the same time, the political nation became unable to self-organize to strengthen democracy self-defense. As a result, Italians co-produced a quasi-militant democracy that turned vulnerable because militant democracy measures were misused or not used with the consent of Italians that relinquished their political subjectivity in favor of the Northern League and the Five Star Movement.
Topic:
Sovereignty, Democracy, Legislation, and Militant Democracy
Political Geography:
Europe and Italy

3. U. S. Diplomatic and Humanitarian Impact Supporting 1918 Re-Emerging Poland: House, Lord and Hoover

Author:
Z. Anthony Kruszewski
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
This paper aims to underline a certain dichotomy in the pre-World War II and present perception of the events preceding the history of the re-establishment of Poland on No- vember 11, 1918. Although the historical facts were duly recorded, described and analyzed by the his- torians – the subsequent prevailing ideological interpretations did not fully integrate the events described in this paper into the official school programs of the interwar (1918–1939) II Republic of Poland. The major role for the policies responsible for the rebuilding of the Polish national state after 123 years was then allocated, according to the political beliefs of scholars to either Marshal Józef Piłsudski or Roman Dmowski, and their respective political ideological camps. Hence, the Polish high school students of that period had then only very limited knowledge of the events largely shaped by the Western Allies behind the scene or at the Versailles Conference of 1919 – by the Allied powers, who after all had a decisive role in reshaping the post-World War I map of Europe. Furthermore, because of the Communist take-over of Poland in 1944 and thereafter the total reshaping of school programs during the existence of the Polish People’s Repub- lic until 1989, the presentation of the basic historical facts (rejected by the Communists) were either totally falsified or largely by-passed. Hence, whole generations of Polish high school students educated then – still have huge gaps in the perception of the modern history of their own nation. The above facts lead me to attempt to research anew and to popularize some cir- cumstances, which largely favorably shaped support for the Polish cause after World War I, especially since they were created by the United States.
Topic:
Foreign Policy, Diplomacy, Sovereignty, and Humanitarian Intervention
Political Geography:
Europe, Eastern Europe, and Poland

4. Stalled Europeanization in Post-Sovereignty EU? Greek Politics in Hard Times

Author:
Kostas A Lavdas
Publication Date:
10-2018
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
This paper focuses on stalled Europeanization as a field of practices, institutions and discourse connected with a process of ambivalent reform. The absence of a consensual national strategy of adaptation to a particularly challenging environment, i.e., participation in the eurozone, produced dramatic consequences when confronted with the financial crisis after 2009. It is argued that the country’s sluggish Europeanization reached a critical turning point in 2009 when the urgency of the crisis brought to the fore a number of issues and vulnerabilities. Asymmetric policy adjustment – limited in some areas, extensive in others – has been the combined result of perceived necessity, insufficiently designed and implemented reform packages, party-political repositioning, and plain politicking. Europeanization in Greece became a stalled process in 2015; restarting the stalled process since 2016 leads to ongoing but sluggish Europeanizing interactions, involving shifts in the roles of domestic politics, institutional traditions and interest groups while reshaping the patterns of political contestation.
Topic:
Politics, Sovereignty, Reform, and Europeanization
Political Geography:
Europe and Greece

5. The Legal Dimensions of Rule of Law Promotion in EU Foreign Policy: EU Treaty Imperatives and Rule of Law Conditionality in the Foreign Trade and Development Nexus

Author:
Till Patrik Holterhus
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article demonstrates that Arts. 21 and 3 (5) of the Treaty on European Union (TEU) as well as Arts. 205, 207 (1), 208 (1), 209 (2) of the Treaty on the Functioning of the European Union (TFEU), legally oblige the European Union (EU) to promote the rule of law in its foreign trade and development policy. Furthermore, it is shown that, in the context of such promotion, the EU applies not a rudimentary but a sophisticated concept of the rule of law – quite similar to the concept of the rule of law that has developed within the Union. To fulfill the legal obligation to promote the rule of law abroad, the EU employs, as a key instrument, the legal mechanism of conditionality, not only through autonomous instruments but also in its contractual international relationships (carrot-and-stick policy). The EU’s foreign policy in the trade and development nexus, in particular when it comes to the promotion of the rule of law, can, therefore, be considered a process, to a large extent, determined and organized the of law.
Topic:
International Law, International Trade and Finance, Sovereignty, and European Union
Political Geography:
Europe

6. The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 of the ECHR?

Author:
Alan Desmond
Publication Date:
01-2018
Content Type:
Journal Article
Abstract:
This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
Topic:
Human Rights, International Law, Migration, Sovereignty, and Courts
Political Geography:
Europe and France

7. The Responsibility to Protect beyond Borders in the Law of Nature and Nations

Author:
Luke Glanville
Publication Date:
10-2017
Content Type:
Journal Article
Abstract:
While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. We have a good understanding of the history of duties of sovereign states to ensure the safety and well-being of their own citizens and of the right of other states to forcefully intervene when these duties are violated. But the story of the development of thinking about duties to assist and protect the vulnerable beyond borders remains to be told. This article defends the importance of excavating and examining past thinking about these duties. It then sketches key aspects of Western natural law thinking about such duties, from Francisco de Vitoria through to Immanuel Kant, claiming that such study holds the promise of exposing from where ideas that prevail in international law and politics have come and retrieving alternative ideas that have been long forgotten but that may reward renewed consideration. It concludes by briefly outlining how three such retrieved ideas might be of particular use for those seeking to push international law and politics in a more just direction today.
Topic:
Human Rights, International Law, Sovereignty, History, Humanitarian Intervention, and Philosophy
Political Geography:
Europe and Global Focus

8. Lauri Mälksoo. Russian Approaches to International Law

Author:
Angelika Nussberger
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Modern international law of the 21st century seems to be characterized by a farewell to the Westphalian understanding of state sovereignty, by the empowerment of the individual and by transnational solutions to common problems in a globalized world. This overview, however, is not true for Russian international law. The ‘powerful idea of Russia’s civilizational distinctness from the West’ is underlying the post-Soviet practice in international law (at 190). This is the main thesis of Lauri Mälksoo’s study on ‘Russian approaches to international law’. Russia was different, Russia is different and Russia is proud of being different.
Topic:
International Law, Sovereignty, United Nations, History, and Intellectual History
Political Geography:
Russia, Europe, and Crimea

9. Letting Lotus Bloom

Author:
Ann Hertogen
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In an increasingly interdependent world, state sovereignty is inherently limited in order to protect the equal sovereignty of other states. However, identifying the precise constraints on states is a different and far more difficult question. The traditional answer is found in the Lotus principle, which consecrates a freedom to act unless explicitly prohibited by international law. The principle has rightly come under attack because of its incompatibility with the needs of a modern international community. This is usually followed by calls to disregard the precedential value of the Permanent Court of International Justice’s Lotus judgment on which it is based. This article defends the Lotus judgment but argues that the principle is the wrong reading of the majority opinion and that it fails to create the right conditions for interstate co-existence and cooperation, the twin goals of international law identified by the majority. The article then examines the meaning of ‘co-existence’ for contemporary international law and weighs the principle of ‘locality’ as an additional criterion that ought to be considered when resolving conflicting claims of jurisdiction.
Topic:
International Law, Sovereignty, International Affairs, and Courts
Political Geography:
Europe, Turkey, and France

10. The International Legal Status of the Vatican/Holy See Complex

Author:
John R. Morss
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
Topic:
International Law, Religion, Sovereignty, and History
Political Geography:
Europe, Italy, and Vatican city