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11552. Domestic Ops in the Arctic
- Author:
- Robert Huebert
- Publication Date:
- 06-2010
- Content Type:
- Journal Article
- Journal:
- Journal of Military and Strategic Studies
- Institution:
- Centre for Military, Security and Strategic Studies
- Abstract:
- Canada is still learning how to conduct Ops in the Arctic – both regular and reserves. All Ops must be “Whole - of - Canada” by virtue of the Arctic Reality. The role played by Canadian Rangers is both unique and essential. The Arctic is in a state of massive transformation – need for CF in Arctic will be increasing.
- Political Geography:
- Canada and Arctic
11553. Stewarding Engagement, Harnessing Knowledge: Lessons Learned from the Future, Keeping the Future in Reserves
- Author:
- John Verdon
- Publication Date:
- 06-2010
- Content Type:
- Journal Article
- Journal:
- Journal of Military and Strategic Studies
- Institution:
- Centre for Military, Security and Strategic Studies
- Abstract:
- Aim: Lessons learned from the future The Future is less about its discovery and more about its invention Key trends of importance for people and organizations Demographic Technology -pace frontiers Techno-Economic Techno-Socio/Cultural Some Implications and Recommendation.
- Political Geography:
- Canada
11554. Two Cheers for Bargaining Theory: Assessing Rationalist Explanations of the Iraq War
- Author:
- David A. Lake
- Publication Date:
- 12-2010
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- The Iraq war has been one of the most significant events in world politics since the end of the Cold War. One of the first preventive wars in history, it cost trillions of dollars, resulted in more than 4,500 U.S. and coalition casualties (to date), caused enormous suffering in Iraq, and may have spurred greater anti-Americanism in the Middle East even while reducing potential threats to the United States and its allies. Yet, despite its profound importance, the causes of the war have received little sustained analysis from scholars of international relations. Al-though there have been many descriptions of the lead-up to the war, the fighting, and the occupation, these largely journalistic accounts explain how but not why the war occurred.
- Topic:
- Cold War
- Political Geography:
- United States, Iraq, and America
11555. The Rise of Muslim Foreign Fighters: Islam and the Globalization of Jihad
- Author:
- Thomas Hegghammer
- Publication Date:
- 12-2010
- Content Type:
- Journal Article
- Journal:
- International Security
- Institution:
- Belfer Center for Science and International Affairs, Harvard University
- Abstract:
- A salient feature of armed conflict in the Muslim world since 1980 is the involvement of so-called foreign fighters, that is, unpaid combatants with no apparent link to the conflict other than religious affinity with the Muslim side. Since 1980 between 10,000 and 30,000 such fighters have inserted themselves into conflicts from Bosnia in the west to the Philippines in the east. Foreign fighters matter because they can affect the conflicts they join, as they did in post-2003 Iraq by promoting sectarian violence and indiscriminate tactics. Perhaps more important, foreign fighter mobilizations empower transnational terrorist groups such as al-Qaida, because volunteering for war is the principal stepping-stone for individual involvement in more extreme forms of militancy. For example, when Muslims in the West radicalize, they usually do not plot attacks in their home country right away, but travel to a war zone such as Iraq or Afghanistan first. Indeed, a majority of al-Qaida operatives began their militant careers as war volunteers, and most transnational jihadi groups today are by-products of foreign fighter mobilizations. Foreign fighters are therefore key to understanding transnational Islamist militancy.
- Topic:
- Intelligence
- Political Geography:
- Afghanistan and Iraq
11556. Property-driven Urban Change in Post-Socialist Shanghai: Reading the Television Series Woju
- Author:
- Samuel Y. Liang
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- In late 2009, the television series Woju (蜗居) received extremely high audience ratings in major Chinese cities. Its visual narratives engage the public and comment on social developments by presenting detailed pictures of urban change in Shanghai and the everyday lives of a range of urban characters who are involved in and affected by the urban- restructuring process and represent three distinct social groups: “white- collar” immigrants, low-income local residents, and powerful officials. By analysing the visual narratives of these characters, this article highlights the loss of the city's historical identity and shows how the reorganization of urban space translates into a reallocation of resources, power and prestige among the social groups. The article also shows that Woju represents a new development in literary and television production in the age of the Internet and globalization; its imaginative construct of the city was based on transnational and virtual rather than local and neighbourhood experience. This also testifies to the loss of the city's established identity in cultural production.
- Topic:
- Corruption
- Political Geography:
- China
11557. Shanghai Alleys, Theatrical Practice, and Cinematic Spectatorship: From Street Angel (1937) to Fifth Generation Film
- Author:
- Alexander Des Forges
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- This article argues that a certain type of Shanghai film of the Republican period, exemplified by 1937's Street Angel (馬路天使, Malu tianshi), makes use of a specific mode of spatial organization, modelled on the theatre, to represent the urban environment. In the case of Street Angel, and later on in 1964's Stage Sisters (舞台姐妹, Wutai jiemei), the interaction between performers and audiences characteristic of the Shanghai theatre experience serves as a crucial ground on which to base calls to political action. For a variety of related reasons, both the city of Shanghai and this mode of spatial organization so closely associated with it vanish from the big screen in the 1980s and 1990s, and begin to make a return only at the turn of the new century.
- Topic:
- Climate Change
- Political Geography:
- China and Shanghai
11558. Sex, City, and the Maid: Between Socialist Fantasies and Neoliberal Parables
- Author:
- Sun Wanning
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Of the many rural migrant workers who go to Chinese cities as cheap labourers, the one who interacts most intimately with urban residents is the domestic servant. In fact, precisely because of this “intimate stranger” status, the figure of the “maid” has captured the imagination of the urban population. This fascination is evidenced by the plethora of television narratives centring on the fraught relationships between the rural migrant woman and her male employer. This paper analyses a range of television narratives from the genres of dramas and documentaries. It shows that in these narratives, sex functions as the metaphor of social inequality between two social groups. It shows that if we explore how love, romance and marriage are constructed, we may gain some insight into processes of social and ideological contestation in the domain of cultural production.
- Political Geography:
- China
11559. China's "Christianity Fever" Revisited: Towards a Community-Oriented Reading of Christian Conversions in China
- Author:
- Katrin Fiedler
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Chinese Protestant Christianity has been continually growing over the past three decades, with an estimated one million converts per year. A number of studies have sought to explain this phenomenon. This paper critically reviews existing studies of China's “Christianity Fever” and then outlines the role of the community as one crucial factor in the conversion process. With its emphasis on communality, as a central element of both Christian theology and the fellowship activities that are part of Christian practice, Protestant Christianity fills a gap opened up by the change in traditional familial and social structures. By discussing specific aspects relating to the communal nature of Christianity, such as familism, elitism, and dynamics at work in face-to-face evangelism, this paper offers an alternative reading of existing studies.
- Political Geography:
- China
11560. Byways and Highways of Direct Investment: China and the Offshore World
- Author:
- William Vlcek
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- This paper examines a lacuna in the literature on foreign direct investment (FDI) flows to China: the absence of analysis for the prominent location of small Caribbean and Pacific islands as leading sources of FDI. An indeterminate amount of domestic capital is embedded in these FDI flows, which distorts comparative studies on FDI in developing economies between China and other states. Direct investment from China has also increased in recent years and offshore financial centres (OFCs) often serve as the initial destinations. This paper excavates the rationales behind the presence of OFCs and suggests that Chinese actors will emulate the practices of developed state multinational corporations and high-net-worth individuals. The implications of these investment practices are outlined along with possible trajectories for their impact on the process of financial liberalisation in China. Consequently, it encourages increased Chinese participation in the development of global financial governance.
- Topic:
- Foreign Direct Investment
- Political Geography:
- China
11561. The Taiwan Dilemma: China, Japan, and the Strait Dynamic
- Author:
- Jason J. Blazevic
- Publication Date:
- 09-2010
- Content Type:
- Journal Article
- Institution:
- German Institute of Global and Area Studies
- Abstract:
- Many Chinese and Japanese authorities believe Taiwan is essential to their respective states' national security due to the island's geographic centrality and beneficial proximity to nearby and distant sea lanes. Of further importance is Taiwan's immediacy to territorial and resource disputes between China and Japan. This article focuses on the security concerns and strategies of both states and applies realism, its tenets of defensive and offensive realism, and neoliberalism in order to better comprehend those concerns and strategies and also provide probable solutions.
- Topic:
- Oil
- Political Geography:
- Japan, China, and Taiwan
11562. Editorial: Dispatch from the Euro Titanic: And the Orchestra Played On Snippets From the Mail Box of the Editor: Poaching Masthead Changes In this Issue
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- These are challenging times for the European Union. Internally, important, even fundamental, decisions are on the agenda as the Union struggles with the Euro crisis and its underlying economic fissures. (Mercifully, the scapegoating of the USA as an escape from facing Europe's very own breathtaking governmental and private-sector financial and fiscal irresponsibility has all but disappeared – mercifully, since facing reality unflinchingly is a necessary condition for dealing with it effectively.) What is subprime in Europe is the decisional structure of the Union: the European Politburo – President of the Commission, newly-minted President of the Council, tired-old-more-senseless-than-ever rotating Member State Presidency, recycled High Representative answerable to two bosses and thus to none – has proven at best irrelevant to the real actors in you know where (Berlin, Paris, the formidable Merkel, the erratic Sarkozy), at worst distracting – was the able President of the Council's productive moves really helped by the forced tango with his opposite number at the Commission? About a year after the entry into force of the Treaty of Lisbon, it is clear that at least some of the principal objectives intended by the new decisional structure at the top are turning out to be as ineffective (some claim laughable) as critics anticipated.
- Political Geography:
- Europe and Lisbon
11563. Immunities of State Officials, International Crimes, and Foreign Domestic Courts
- Author:
- Dapo Akande and Sangeeta Shah
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- This article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. We argue that personal immunity (immunity ratione personae) continues to apply even where prosecution is sought for international crimes. Also we consider that instead of a single category of personal immunity there are in fact two types of such immunity and that one type extends beyond senior officials such as the Head of State and Head of Government. Most of the article deals with functional immunity (immunity ratione materiae). We take the view that this type of immunity does not apply in the case of domestic prosecution of foreign officials for most international crimes. However, we reject the traditional arguments which have been put forward by scholars and courts in support of this view. Instead we consider the key to understanding when functional immunity is available lies in examining how jurisdiction is conferred on domestic courts.
- Topic:
- Government and International Law
- Political Geography:
- America
11564. The Role of Atypical Acts in EU External Trade and Intellectual Property Policy
- Author:
- Henning Grosse Ruse-Khan, Thomas Jaeger, and Robert Kordic
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- This article discusses atypical acts of the European Union (EU) concerning intellectual property (IP) protection within the EU's internal legal order and its external relations. Internally, atypical acts are used in IP for flexible pre- and post-regulation purposes or for soft guidance and steering. Yet in IP and elsewhere, those flexibilities come at the cost of deficits in democratic legitimacy, legality, and legal certainty. Atypical acts are also common in the external trade relations of the EU. Like more formal conduct of trade relations by means of international agreements, they focus on the enforcement of IP rights. The less formal (and legal) character of these acts often allows them to be more policy-driven and so makes it easier to address key political concerns relevant for EU external trade relations in a more flexible and current manner. Some of these policies are subsequently turned into 'hard' law –for example in the course of the negotiations over the controversial Anti-Counterfeiting Trade Agreement (ACTA). Based on the comparative analysis of the role of atypical acts in the EU's internal legislation for IP vis-à-vis their role in external action, this article explores possibilities of limiting the drawbacks while preserving the benefits of a use of atypical acts in external policies.
- Political Geography:
- Europe
11565. Doing Justice to the Political: The International Criminal Court in Uganda and Sudan
- Author:
- Sarah M.H. Nouwen and Wouter G. Werner
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- International criminal justice has become a weapon in political struggles in Uganda and Sudan. In this light, this article discusses the political meaning of the International Criminal Court's judicial interventions. It argues that the ICC, presented by its advocates as a legal bastion immune from politics, is inherently political by making a distinction between the friends and enemies of the international community which it purports to represent. Using original empirical data, the article demonstrates how in both Uganda and Sudan warring parties have used the ICC's intervention to brand opponents as hostis humani generis, or enemies of mankind, and to present themselves as friends of the ICC, and thus friends of the international community. The ICC Prosecutor has at times encouraged this friend–enemy dichotomy. These observations do not result in a denunciation of the Court as a 'political institution'. On the contrary: they underline that a sound normative evaluation of the Court's activities can be made only when its political dimensions are acknowledged and understood.
- Political Geography:
- Uganda and Sudan
11566. The Concept of International Law in the Jurisprudence of H.L.A. Hart
- Author:
- Mehrdad Payandeh
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- This article analyses H.L.A. Hart's concept of international law from the perspective of anaytical jurisprudence and in light of the state of contemporary international law. The article challenges Hart's view that international law is 'law' but not a 'legal system'. Hart arrives at this conclusion on the basis of a comparison of the international legal order with the municipal legal system. This comparison is distorted by Hart's general focus on private law and criminal law and becomes less convincing when constitutional law is added to the equation. As a consequence, Hart's methodological approach is inconsistent and should be modified. Rather than asking whether international law resembles municipal law in form, it should be asked whether international law encompasses legislative, executive, and judicative structures which are able to perform the same functions as the legal order of a nation state, and which thereby overcome the defects of a primitive social order. Against the background of this modified analytical framework, Hart's analysis is revisited in light of recent developments and changes in the structure of international law at the beginning of the 21st century.
- Topic:
- International Law
11567. EU Obligation to the TRIPS Agreement: EU Microsoft Decision
- Author:
- Sujitha Subramanian
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- In Microsoft v. Commission, Microsoft was ordered by the European Court of First Instance (CFI) to license interface information to its competitors on reasonable terms and to supply a fully functioning version of Windows Personal Computer Operating System without Windows Media Player. Microsoft claimed that the remedies infringed the minimum standards of IP protection provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). However, the CFI refused to examine the TRIPS provisions, on the basis that international agreements do not prevail over primary Community law, and in any case, the TRIPS agreement permits members to restrain anti-competitive abuse of IP rights. This article examines the issues that arise from this position: first, is the Microsoft decision TRIPS compliant? Secondly, to what extent is the EU bound to its obligations under the TRIPS Agreement? The article highlights the lack of a clear-cut hierarchy of norms and illustrates how EU law is placed within a multi-layered governance structure involving national law and international law. The article finds that the EU does not engage in consistent interpretation or application of the TRIPS provisions.
- Political Geography:
- Europe
11568. Debating the Future of the European Court of Human Rights after the Interlaken Conference: Two Innovative Proposals
- Author:
- Helen Keller, Andreas Fischer, and Daniela Kuhne
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- The purpose of this article is to give new impetus to the topical debate on reforming the ECHR in the wake of the Interlaken Conference, at which the ECHR states parties agreed on a roadmap for the future evolution of the Convention system. We highlight two issues which have so far been underexposed in the literature. First, reform measures relating to the new admissibility criterion, just satisfaction, and the pilot judgment procedure are only partially promising, because they are premised on the condition of their being applicable telle quelle in all the states parties. If Convention reforms are to be effective, they must take due account of differing realities relating to a country's human rights situation and the quality of its judiciary. Secondly, given the very high proportion of so-called manifestly ill-founded applications, the Court's practice of rejecting them without giving reasons leads it into a legitimacy problem. We suggest a new provision in the Rules of Court which makes the Court's practice concerning the handling of manifestly ill-founded applications more transparent.
- Political Geography:
- Europe
11569. The Treaty of Lisbon: Half Way toward a Common Investment Policy
- Author:
- Wenhua Shan and Sheng Zhang
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- As a follow-up study on the external investment policy of the EU, this article attempts to analyse the relevant provisions in the Lisbon Treaty and assesses their legal implications on the international investment treaty practice of the Union and its Member States. It first briefly reviews the EU's foreign investment competence before the Treaty of Lisbon, followed by an assessment of the different views concerning the interpretation of the Lisbon Treaty provision including 'foreign direct investment' under the common commercial policy. The practical legal implications of the change are discussed in the third part, including intra- and extra-EU investment treaty practices. It is concluded that while the change is significant and will greatly enhance the treaty-making competence of the EU in external investment areas, it is only a half way success toward a full common investment policy (CIP). Potential paths to achieve the ultimate goal are also briefly explored.
- Political Geography:
- Lisbon
11570. On Holism, Pluralism, and Democracy: Approaches to Constitutionalism beyond the State
- Author:
- Thomas Kleinlein
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- The idea of a 'constitutionalization' of international law and international institutions owes much to a long tradition of idealistic international law scholarship. It gained momentum with the end of the Cold War, only to be frustrated some years later. US hegemonic tendencies after 9/11, the unauthorized invasion of Iraq in 2003, and the impasse of the Doha Development Round in the WTO are only some of the factors demonstrating that the dissolution of the Eastern Bloc had not signalled the end of history. These setbacks, however, did not render the academic discourse on 'constitutionalization' of global governance silent, and there is now a burgeoning literature on the subject. Recently, three books have stimulated the discussion: Ruling the World?, edited by Jeffery L. Dunoff and Joel P. Trachtman, and the two books under review.
- Topic:
- Cold War and International Law
- Political Geography:
- United States
11571. Imperfect Justice at Nuremberg and Tokyo
- Author:
- Kirsten Sellars
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- When the international criminal tribunals were convened in Nuremberg and Tokyo in the mid-1940s, the response from lawyers was mixed. Some believed that the Second World War was an exceptional event requiring special legal remedies, and commended the tribunals for advancing international law. Others condemned them for their legal shortcomings and maintained that some of the charges were retroactive and selectively applied. Since then, successive generations of commentators have interpreted the tribunals in their own ways, shaped by the conflicts and political concerns of their own times. The past two decades have seen the establishment of new international courts, and an accompanying revival of interest in their predecessors at Nuremberg and Tokyo. Recent commentaries have analysed the founding documents, the choice of defendants, the handling of the charges, the conduct of the cases – and also the legal and political legacies of the tribunals. They demonstrate that long-standing disagreements over antecedents, aims and outcomes have still not been settled, and that the problems inherent in some of the original charges have still not been solved, despite the appearance of similar charges within the remit of the International Criminal Court today.
- Topic:
- Crime and War
- Political Geography:
- Tokyo
11572. Victor Kattan. From Coexistence to Conquest, International Law and the Origins of the Arab-Israeli Conflict, 1891–1949.
- Author:
- Robbie Sabel
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- It may be that only in Middle East negotiations would the interpretation of a century-old letter from a British official addressed to a tribal Sheikh be considered a topical legal issue. The reality is, however, that the parties in the Middle East conflict are still interpreting, for example, the 1915 correspondence between Sir Henry McMahon, the British High Commissioner in Egypt, and Sharif Hussein of Mecca. Kattan's book is an invaluable, albeit partisan, resource book for those of us who enjoy delving into such minutiae of the legal arguments of Israelis and Palestinians.
- Political Geography:
- Middle East, Palestine, and Egypt
11573. Daniel Moeckli. Human Rights and Non-discrimination in the 'War on Terror'.
- Author:
- Toby King
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- Since 11 September 2001, countries across the world have adopted an enormous range of anti-terrorism laws with the potential to undermine even the most basic and long-established human rights. Fundamental principles such as habeas corpus and public trial before an independent and impartial tribunal have been thrown into question. Administrative detention without trial is no longer, in Justice John Paul Stevens's words, 'the hallmark of the totalitarian state', but already a reality in some democracies and under serious consideration in others.
- Topic:
- Human Rights
- Political Geography:
- Germany and United Nations
11574. Elsa Stamatopoulou. Cultural Rights in International Law.
- Author:
- Valentina Sara Vadi
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- Does Man have a right to culture? Can people freely express their own cultural distinctiveness, be it in a language, physical appearance, or a specific set of norms and values? Should the state intervene to support and protect cultural rights of individuals, minority groups, or even the majority? And what role can the international community play in this endeavour to further cultural rights? Can a careful and balanced scrutiny of cultural claims contribute to a constructive 'dialogue among civilizations'? Does culture necessarily clash with other human rights? Notwithstanding early case law and the formal entry of cultural rights into the human rights catalogue after World War II, cultural rights have been neglected for a long time and have been less developed than civil, political, economic, and social rights. The book under review gives an excellent and systematic overview of the existing law and practice concerning cultural rights and, by offering answers to the questions mentioned above, surely contributes to the development of legal doctrine.
- Topic:
- Economics and Human Rights
11575. Dennis Patterson and Ari Afilalo. The New Global Trading Order: The Evolving State and the Future of Trade.
- Author:
- Ronnie R.F. Yearwood
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- There is without a doubt a growing academic and popular literature about the World Trade Organization (WTO), and more broadly inter¬national trade law. Reading Patterson and Afilalo, I came away with the feeling that, given time, this book may be one of those books that straddle both worlds. Given that there is often a divide between academic and popular works, I think that this is a work which should be welcomed. It is well written and, importantly for a book that could cross over into a wider market than academia, it reads with the ease of a story. Patterson and Afilalo deserve credit for being good storytellers. They weave a seamless story about the changing nature of the state and the corresponding changes in the international trading system. Crediting Philip Bobbitt they posit that the fall of communism in 1989 was not the Fukuyama ‘end of history’ so much as the start of the ‘market state’. They argue that, as the state can no longer promise to protect its citizens from external attack, the strategic ground of its legitimacy is changing (at Chapter 1). It also cannot meet its welfare function of maintaining legal regimes for the enhancement of wealth, protection, or health. Therefore the ‘State is moving from a regime of (legal) entitlements to one of incentives’ the writers argue (at 6). The state in its current form has lost control over what were generally seen as domestic issues, such as wealth transfer and protection of property. They argue that understanding the current global trading system lies in being able to explain the relationship between the state and global trade. For example, they argue that globalization was not simply a result of the technological communications revolution. They write that ‘the establishment of comparative advantage as the normative foundation of global trade created a global web of economic actors thereby making it necessary for them to communicate rapidly and efficiently in a single market’ (at 85). Therefore they contend that Bretton Woods contained the seeds of its own demise in providing the structural mechanisms which created global actors not pinned to the state (at 86). Further, for Patterson and Afilalo, the current constitutional order of the state as having the power to create and enforce law in its jurisdiction and beyond, with the world as a subdivision of national economies, no longer holds true. They highlight that ‘the overlapping of ownership and spread of production has for quite some time made it difficult to identify a particular product as belonging to one nation versus another’ (at 6).
11576. Miguel Maduro and Loic Azoulai (eds). The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty.
- Author:
- Marc Jacob
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- The title could hardly be more portentous. The Past and Future of EU Law. All of it. In one volume. Luckily, neither the more down-to-earth subtitle – The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty – nor the various contributions in this intriguing collection, edited by Miguel Poiares Maduro and Loїc Azoulai, insist on the title's totalizing flight of fancy.
- Political Geography:
- Europe
11577. Robert Schütze. From Dual to Cooperative Federalism: The Changing Structure of European Law
- Author:
- Dimitry Kochenov
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- The study of European law is finally saved from the dark age of narcissistic ideology of sui generis thinking. That 'the EU is unique' is probably true, but certainly not from the point of view of legal studies. Notwithstanding the first stages of the study of EU law inspired by federative thinking (especially with the help of American scholars versed in federalism theory), the philosophy of EU law soon entered a state of flux where it long remained. This was because of two important factors: short-sighted dogmatism and unrestricted self-love. Important contributions from brilliant jurists, among them Koen Lenaerts and Jean-Claude Piris, were unable to reverse the trend. As the mantra goes, the 'European Union is not a state and not an international organisation sensu stricto' – hence it is absolutely unique, sui generis. Moreover, since 'Europe is not a state, it is not a federation'.
- Political Geography:
- Europe
11578. Last Page
- Author:
- Leslie Williams
- Publication Date:
- 11-2010
- Content Type:
- Journal Article
- Abstract:
- I am not finished Gorging on the verdure of July— Dear cathedral architects, I'm often sure we'll be received In a big Delft sky.
11579. CONTENTS
- Publication Date:
- 10-2010
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- No abstract is available.
11580. Uluslararası Güç Dengeleri Bağlamında Uluslararası Finans Sisteminin Yeniden Yapılandırılması: Disiplinlerarası Bir Değerlendirme
- Author:
- Gökhan Özkan
- Publication Date:
- 10-2010
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- The global financial crisis triggered debate on restructuring international financial system. In this study, restructuring process of the international financial system is evaluated within the context of international balance of power. It is argued that it is insufficient to focus only on the economic dimension, but restructuring should be evaluated by taking into account international political dynamics. This work looks at how differences of opinion between the developed countries, particularly the G-7 countries and the developing (emerging?) countries, particularly Brazil, Russia, India and China shape the process. It is anticipated that the restructuring process will proceed at a modest pace because of the asymmetry of interests and the gap between the understandings of the developing and developed countries about reforming the decision-making mechanisms of the IMF and the World Bank and the diversification of the international monetary system. It is concluded that the new shape of the international financial architecture will depend on the international politics and balance of power as well as the evolution of the global crisis and the economic dynamics.
- Topic:
- International Trade and Finance, International Monetary Fund, Financial Crisis, and World Bank
- Political Geography:
- Russia, China, India, and Brazil
11581. Türkiye'de Sivil-Asker İlişkisinin Unutulan Boyutları
- Author:
- Ali Karaosmanoğlu and Behice Özlem Gökakın
- Publication Date:
- 10-2010
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- Many analysts, in explaining civil-military relations in Turkey often develop their arguments within the framework of a binary and conflict-oriented paradigm. Although the confrontational analyses have long been reflective of certain aspects of the Turkish case their explanatory value is increasingly fading as a result of newly crystallizing trends characterized by an intense cooperation between the democratically elected government and the General Staff. The main defect of the dichotomous and confrontational paradigm is that it overlooks three fundamental epistemological approaches: the rational (strategic) action approach; the international structural-institutional approach, and the cultural approach.
- Topic:
- International Cooperation and Military Affairs
- Political Geography:
- Turkey
11582. Kosova'nın Bağımsızlığı ve Türk Dış Politikası (1990-2008)
- Author:
- Birgül Demirtaş Coşkun
- Publication Date:
- 10-2010
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- This article seeks to analyze Turkey's policies toward the Kosovo issue since the early 1990's. While Turkey had pursued a rather cautious policy concerning the independence of Kosovo during the Albanian-Serbian conflict, it extended diplomatic recognition only one day after Kosovo declared independence. Turkish recognition took place at a time when countries like Russia and Serbia were objecting to it and a heavy debate was going on regarding whether the Kosovo independence was in line with the international law. The main research question of this study is why Turkey decided to extend its diplomatic recognition on 18 February 2008. The main argument of the paper is that change in Turkish foreign policy toward Kosovo is instrumental and tactical and does not represent a radical transformation. The decision-makers in Turkey continue to follow the line of the Western countries in the first decade of the 21st century as it had been the case during the Cold War and in the 1990's. The article makes it clear that Ankara prepared the necessary background for the recognition of Kosovo in the recent years step by step.
- Topic:
- Foreign Policy
- Political Geography:
- Turkey and Kosovo
11583. Dış İlişkiler Kapsamında Avrupa Birliği'nin Tüzel Kişiliği ve Lizbon Antlaşması
- Author:
- Derya Büyüktanir
- Publication Date:
- 10-2010
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- This paper examines the European Union’s legal personality in terms of external relations. The developments from the onset of the European integration till the Lisbon Treaty and the structural characteristics of the Union are analyzed in this paper. The Union’s participation and representation in international organizations and the third countries and the problems encountered during the implementation process are examined. The legal personality of the former European Community was abolished with the Lisbon Treaty which took force in 2009. Treaty also contains a catalogue of competence that has brought about some structural changes. As a legal entity the European Union after the Lisbon Treaty will no longer be the object of some problems related with its legal personality. But the extent to which these changes can lead to orchestrated behavior in external politics and solve the problems of representation is highly doubtful.
- Topic:
- International Relations and European Union
- Political Geography:
- Europe and European Union
11584. Avrupa İnsan Hakları Sözleşmesinin Yaşamın ve Sağlığın Korunması ile İlgili Olarak Taraf Devletlere Yüklediği Pozitif Yükümlülükler
- Author:
- Yüksel Metin
- Publication Date:
- 10-2010
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- In this study, through the concept of positive obligation, the reproductions of positive obligations are clarified, and the positive obligations that the European Convention on Human Rights have imposed on the state parties within the framework of the protection of life and health are presented. At the same time, the approach of the European Court of Human Rights towards protection and use of the rights in the Convention in an effective manner is emphasized. The case law of the European Court of Human Rights is used in ascertaining the positive obligations of the Contracting Parties within the area of protection of life and health.
- Topic:
- Health and Human Rights
- Political Geography:
- Europe
11585. Table of Contents Full Issue
- Author:
- Vladimír Bilčík
- Publication Date:
- 12-2010
- Content Type:
- Journal Article
- Journal:
- International Issues: Slovak Foreign Policy Affairs
- Institution:
- Slovak Foreign Policy Association
- Abstract:
- This article aims to outline and explain new preferences that the NMS have brought to the EU since 2004. The contribution is chiefly empirical, drawing on research and interviews conducted with 64 policymakers in Brussels from 2008 to 2009. In short, the text seeks to highlight what has been learned about the key foreign and security policy preferences of the NMS and what policy innovations, if any, the post-communist Europe is bringing to the EU's external agendas. The contribution concludes by highlighting the distinct interests and geographic focus of foreign policy in post-communist Europe whereby issues of historical identity, nationhood and ethnicity are atleast as important in post-communist foreign policy thinking as calculations of trade benefits and economic gains.
- Topic:
- Foreign Policy
- Political Geography:
- Europe
11586. Journal of Advanced Military Studies: Spring 2010
- Author:
- Anthony H. Cordesman, Amin Tarzi, Kenneth H. Williams, and Richard J. Norton
- Publication Date:
- 01-2010
- Content Type:
- Journal Article
- Journal:
- Journal of Advanced Military Studies
- Institution:
- Marine Corps University Press, National Defense University
- Abstract:
- This first issue features an Afghanistan-Pakistan Forum, a paper on "Feral Cities: Problems Today, Battlefields Tomorrow?" and more.
- Topic:
- Military Affairs, Conflict, Urban, and Cities
- Political Geography:
- Pakistan, Afghanistan, and South Asia
11587. Ukraine’s Foreign Policy: Gains, Problems, and Prospects
- Author:
- Yevhen Shulha
- Publication Date:
- 01-2010
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- Among the main tasks and functions of the foreign policy, I wish in the first place to mention the following. First, the foreign policy is to provide reliable external guarantees for national security, state sovereignty and territorial integrity. Second, the authorities’ actions on the international arena should concentrate on creation of a comprehensive effective system to protect the rights of Ukrainian citizens abroad. Third, the foreign policy is to utmost promote the national economy development, secure a decent place for Ukraine in the international division of labour, promote interests of domestic business on the world markets. And finally – Ukraine’s action in the foreign policy should be consistent, predictable, responsible and clear for our partners both in the West and in the East. Effective attainment of those tasks requires, on one hand, internal stability, consolidation of the lead political forces and institutes of governance, which will ensure public legitimacy of the foreign political course. On the other – optimal, balanced and clearly coordinated mechanisms of foreign political activity need to be created. Unfortunately, recently, those preconditions have not been fully provided in Ukraine. The Foreign Ministry was working in difficult conditions of domestic instability and under the influence of the global economic crisis. But even in such conditions, the foreign office managed to achieve substantial gains and improve the situation in the main foreign policy domains. However, along with gains, Ukraine’s foreign policy now faces a number of challenges that, in absence of an adequate response, can bring about unfavourable trends and hinder attainment of Ukraine’s national interests. Reversal of those trends presents an urgent and priority task for the new government formed in Ukraine after the 2010 presidential elections.
- Topic:
- Foreign Policy, National Security, and Sovereignty
- Political Geography:
- Europe and Ukraine
11588. Ukraine-Russia Relations in the Energy Sector: Status, Recent Development Trends, and Prospects
- Author:
- Yevhen Shulha
- Publication Date:
- 01-2010
- Content Type:
- Journal Article
- Journal:
- National Security and Defence
- Institution:
- Razumkov Centre
- Abstract:
- Separation of Ukraine-Russia bilateral relations in the energy sector is rather conventional, since they objectively fit into the relations of both countries with a third party – first of all, countries of Europe (in particular, the EU) as consumers of energy resources transported across the territory of Ukraine. Therefore, both from the viewpoint of the process chain (producer – transit state – consumer) and from the economy viewpoint (seller – provider of transportation services – buyer) those relations should be viewed in a trilateral format.1 More than that, it may be argued that problems stockpiled in that sector of relations between Ukraine and Russia and in Europe in general may be solved solely in such trilateral format.2 On the other hand, since early 2000s Russia has been insistently pursuing a policy translating relations with partners in the energy sector into a bilateral format where it is usually stronger and uses that advantage to defend and promote its interests and/or the interests of its state monopolies and separate financial-industrial groups. That is why there are grounds to view the Ukraine-Russia relations in the energy sector as bilateral, but with account of presence of a third party there, first of all, the EU, as Ukraine declares its integration in it and is now engaged in formulation of common norms and rules of the European energy markets. This section briefly outlines interim results and problems of the Ukraine-Russia relations in the oil, gas and nuclear sectors – more interrelated and interdependent than other domains of the energy sector.
- Topic:
- International Cooperation, Oil, Bilateral Relations, Nuclear Energy, and Energy
- Political Geography:
- Russia, Europe, and Ukraine
11589. Somalia's New Government and the Challenge of Al-Shabab
- Author:
- David H. Shinn
- Publication Date:
- 03-2009
- Content Type:
- Journal Article
- Journal:
- CTC Sentinel
- Institution:
- The Combating Terrorism Center at West Point
- Abstract:
- After the september 11 attacks, the Bush administration's foreign policy toward Somalia focused primarily on counterterrorism. This focus was a result of Somalia's proximity to the Middle East, U.S. concern that al-Qa'ida might relocate to the country, a history of terrorist bombings targeting Western interests in nearby Kenya and Tanzania and early contact between al-Qa'ida and individuals in Somalia. Although ties exist between al-Qa'ida and Somalia's al-Shabab militant group, the overwhelming objective of U.S. policy in Somalia should not be confronting international terrorist activity. Instead, the United States should contribute to creating a moderate government of national unity in Somalia, which offers the best hope of minimizing Somali links to international terrorism. Long-term U.S. interests in the Horn of Africa will not be served by a policy that is consumed with military action to the detriment of supporting economic development and a broad based Somali government.
- Topic:
- Government
- Political Geography:
- Africa, United States, Middle East, Tanzania, and Somalia
11590. Bailout or Bankruptcy?
- Author:
- Jeffrey A. Miron
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- At the end of September 2007, the U.S. economy had experienced 24 consecutive quarters of positive GDP growth, at an average annual rate of 2.73 percent. The S 500 Index stood at roughly 1,500, having rebounded over 600 points from its low point in 2003. Unemployment was below 5 percent, and inflation was low and stable.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11591. Origins of the Financial Market Crisis of 2008
- Author:
- Anna J. Schwartz
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- I begin by describing the factors that contributed to the financial market crisis of 2008. I end by proposing policies that could have prevented the baleful effects that produced the crisis.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, Privatization, and Financial Crisis
- Political Geography:
- United States
11592. Reflections on the Financial Crisis
- Author:
- Allan H. Meltzer
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- I am going to make several unrelated points, and then I am going to discuss how we got into this financial crisis and some needed changes to reduce the risk of future crises.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, Privatization, and Financial Crisis
- Political Geography:
- United States
11593. Monetary Policy and Asset Prices Revisited
- Author:
- Donald L. Kohn
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- We are in the midst of a global financial crisis that is now weighing heavily on economies around the world. Although the outlook remains extremely uncertain, both the fragility of the financial system and the weakness in real activity seem likely to persist for a while. To promote maximum sustainable economic growth and price stability, the Federal Reserve has responded to this crisis by easing monetary policy markedly, and we have greatly expanded our liquidity facilities to keep credit flowing when private lenders have become reluctant or unable to do so. Other central banks have also cut policy rates significantly and expanded their lending. In addition, the federal government and governments around the world have taken extraordinary actions to strengthen financial systems to preserve the ability of households and businesses to borrow and spend.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11594. Asset Prices and Monetary Policy
- Author:
- Otmar Issing
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Beyond dealing with the immediate problems, any crisis raises questions of why and how we got there and what lessons should be drawn to avoid a repetition of past developments—without laying the ground for a new disaster. This line of inquiry also applies to the current crisis in financial markets. Even during the heaviest turbulence a discussion has started on obvious deficits in the system of regulation and supervision and on badly needed improvements. In this article, I concentrate on monetary policy but that does not mean regulatory measures are irrelevant in this context, quite the opposite.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11595. What Lessons Can We Learn from the Boom and Turmoil?
- Author:
- Jeffrey M. Lacker
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The current financial crisis undoubtedly will inspire a great deal of research in the years ahead, and it may take some time before anything like a professional consensus emerges on causes and consequences. After all, it took several decades to document the causes of the Great Depression, and recent research continues to provide new perspectives. Nonetheless, I believe the central questions that are likely to occupy researchers are plainly in view, and some tentative lessons have emerged already. And in any event, legislators are not likely to await the fruits of future scholarship.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, Privatization, and Financial Crisis
- Political Geography:
- United States
11596. Financial Innovation, Regulation, and Reform
- Author:
- Charles W. Calomiris
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Financial innovations often respond to regulation by sidestepping regulatory restrictions that would otherwise limit activities in which people wish to engage. Securitization of loans (e.g., credit card receivables, or subprime residential mortgages) is often portrayed, correctly, as having arisen in part as a means of “arbitraging” regulatory capital requirements by booking assets off the balance sheets of regulated banks. Originators of the loans were able to maintain lower equity capital against those loans than they otherwise would have needed to maintain if the loans had been placed on their balance sheet.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11597. Bad Rules Produce Bad Outcomes: Underlying Public-Policy Causes of the U.S. Financial Crisis
- Author:
- Bert Ely
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The current global financial crisis is the worst economic crisis since the Great Depression, with no end in sight. Already, much political finger pointing has occurred, with most of those fingers pointed at supposedly greedy bankers, investors, and hedge-fund managers as well as the financial deregulation of recent decades. Governments everywhere are rushing to enact new regulatory protections to pre- vent another crisis of this magnitude. Yet if history is any guide, these new regulations will set up the global economy for yet another financial crisis, perhaps worse than the present one, or create regulatory straitjackets that will greatly impede economic growth.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11598. Federal Reserve Policy and the Housing Bubble
- Author:
- Lawrence H. White
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The U.S. housing bubble and the fallout from its bursting are not the results of a laissez-faire monetary and financial system. They happened in an unanchored government fiat monetary system with a restricted financial system.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11599. The Case for Policy Sustainability
- Author:
- Wolfgang Münchau
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- Should we worry about moral hazard while the house is burning? The discussion about economic policy is full of biblical metaphors, the language of water and floods, and of fire extinction during crises. Metaphors, even when not mixed, are often obstacles to the clarity of thought. That is clearly the case with the metaphor of moral hazard in trying to understand the current financial crisis. Instead of focusing on moral hazard, I prefer to use the concept of policy sustainability to argue that sustainable monetary, fiscal, and regulatory policies are essential for lasting prosperity.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States
11600. Moral Hazard in the Policy Response to the 2008 Financial Market Meltdown
- Author:
- Andrew A. Samwick
- Publication Date:
- 01-2009
- Content Type:
- Journal Article
- Journal:
- The Cato Journal
- Institution:
- The Cato Institute
- Abstract:
- The Cato Institute is the ideal place to draw lessons from the sub- prime crisis. The organization's mission focuses on the interaction of public policies with free markets and limited government. Even the most ardent believer in free markets must fully understand that individual liberty implies neither the nonexistence nor the indifference of government to economic affairs. Individuals live in freedom and peace when public policies are crafted in accordance with well-established rules and implemented with an eye toward effectiveness, not expansion. In the halls of government, we need sobriety and vigilance rather than apathy or empire building.
- Topic:
- Democratization, Economics, International Trade and Finance, Markets, and Privatization
- Political Geography:
- United States