A Reappraisal of the State Sovereignty Debate

2000 ◽  
Vol 33 (2) ◽  
pp. 163-195 ◽  
Author(s):  
VIRGINIE GUIRAUDON ◽  
GALLYA LAHAV
Keyword(s):  
Global Economy ◽  
National Policy ◽  
International Human Rights ◽  
Policy Makers ◽  
National Courts ◽  
Nation States ◽  
Regional Markets ◽  
National Citizenship ◽  
Two Sides ◽  
State Responses

The ability of European nation-states to control migration has been at the forefront of the immigration debate. Some scholars have argued that international human rights and the freedom of circulation required by a global economy and regional markets are the two sides of a liberal regime that undermine the sovereignty of nation-states. Others have gone even further and declared the double closure of territorial sovereignty and national citizenship to be outmoded concepts. This article inscribes itself in that debate by answering the following questions: (a) To what extent do international legal instruments constrain the actions of national policy makers? and (b) How have nation-states reacted to international constraints and problems of policy implementation? Focusing on Council of Europe's jurisprudence, the authors assess the extent to which national courts have incorporated European norms and governments take them into account. The article examines ways that national policy makers have responded by shifting the institutional locations of policy making. In evaluating state responses, the article identifies the devolution of decision making upward to intergovernmental fora, downward to local authorities, and outward to nonstate actors.

Introduction

2017 ◽  
Author(s):  
Hendrik Wagenaar ◽  
Helga Amesberger ◽  
Sietske Altink
Keyword(s):  
Public Policy ◽  
Sex Workers ◽  
National Policy ◽  
Local Policy ◽  
International Human Rights ◽  
Policy Makers ◽  
Prostitution Policy ◽  
Policy Regimes ◽  
Academic Literature ◽  
Public Policy Analysis

The introduction describes the historical involvement of the state in the regulation of prostitution. It introduces the concept of public policy and its neglect in the academic literature on prostitution. We argue that the literature avoids a systematic discussion of public policy by focusing on a host of other factors that shape prostitution in society, such as large extraneous influences, broad (national) policy regimes, international human rights governance, discourse, broad shifts in governmentality. Instead, it is the concerted actions of national and local policy makers in designing regulation that shape the different manifestations of prostitution: the places where it is practised, the type of prostitution that is prevalent in a society, and the position and rights of sex workers. The chapter describes the three goals of the book: to provide an overview and critique of how prostitution policy has been analysed; to provide a policy analytical approach that both recognizes the particular challenges of the field and applies the concepts and tools of public policy analysis; and to provide suggestions for how policy-makers can move forward in establishing a fairer and more humane policy.

Securing the European Project: From Self-Referentiality to Heterarchy

2019 ◽  
Vol 21 ◽  
pp. 273-296
Author(s):  
Massimo FICHERA
Keyword(s):  
Local Level ◽  
Political Conflict ◽  
European Project ◽  
National Courts ◽  
Liberal Democratic ◽  
Eu Integration ◽  
Nation States ◽  
Key Issues ◽  
The Moment ◽  
Two Sides

AbstractSecurity is the meta-constitutional rationale of the European liberal project and is expressed by two tendentially self-justificatory discourses of power, which are two sides of the same coin: security and rights. The political, inherently conflictual nature of EU constitutional claims has been variously disguised through such discourses. Yet, as the process of constitutionalisation reaches a more advanced stage, in which the probability of high-intensity legal-political conflict as regards key issues of EU integration is growing, the moment has come to address conflict directly, rather than conceal it behind a veil of neutrality. Being ready for actual confrontation means dismissing the straitjacket imposed by the European liberal project. A move from self-referential to heterarchical security is thus advocated. As a result, the constellation of nation states should not be sidelined too easily and the needs and claims of the local level should be considered more carefully. In other words, the principles of primacy, autonomy, uniformity, and effectiveness of EU law ought to be conceived in relative, rather than in absolute terms. One possible way of addressing conflict is to simultaneously permit the CJEU (as well as other EU institutions) to engage more proactively with national courts and identify a common epistemic core, which ought to be upheld whenever the liberal-democratic premises of the European project are threatened.

KEBIJAKAN POLITIK KERUKUNAN ANTARAGAMA DI INDONESIA ERA REFORMASI

2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin
Keyword(s):  
Transition Period ◽  
Religious Life ◽  
New Order ◽  
Reform Era ◽  
Policy Makers ◽  
Accommodation Space ◽  
Nation States ◽  
The Government ◽  
Definition Of ◽  
Cultural Reality

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.

Moving beyond Brown: Race and Education After Parents v. Seattle School District No. 1

2011 ◽  
Vol 113 (4) ◽  
pp. 735-754 ◽  
Author(s):  
Jamel K. Donnor
Keyword(s):  
Public Schools ◽  
School District ◽  
Supreme Court ◽  
Students Of Color ◽  
Global Economy ◽  
Community Schools ◽  
Policy Makers ◽  
Educational Advancement ◽  
Quality Learning ◽  
The U.S

Background By a 5–4 margin, the U.S. Supreme Court in Parents Involved in Community Schools v. Seattle School District No. 1 declared that voluntary public school integration programs were unconstitutional. Citing the prospective harm that students and their families might incur from being denied admission to the high school of their choice, the Supreme Court declared that the plaintiffs, Parents Involved in Community Schools (PICS), had a valid claim of injury by asserting a interest in not being forced to compete for seats at certain high schools in a system that uses race as a deciding factor in many of its admissions decisions. Purpose The goal of the article is to discuss how conceptions of harm and fairness as articulated in Parents Involved in Community Schools v. Seattle School District No. 1 privilege the self-interests of White students and families over the educational needs of students of color. Research Design This article is a document analysis. Conclusions By referencing the Brown v. Board of Education of Topeka decision of 1954 (Brown I) to buttress its decision, the U.S. Supreme Court has determined that programmatic efforts to ensure students of color access to quality learning environments are inherently ominous. The dilemma moving forward for policy makers and scholars concerned with the educational advancement of students of color is not to develop new ways to integrate America's public schools or reconcile the gaps in the Supreme Court's logic, but rather to craft programs and policies for students of color around the human development and workforce needs of the global economy.

Effective Participation of National Minorities in Public Affairs in Light of National Case Law

2009 ◽  
Vol 16 (4) ◽  
pp. 621-642 ◽  
Author(s):  
Joseph Marko
Keyword(s):  
Ethnic Diversity ◽  
Legal Status ◽  
Minority Groups ◽  
Case Law ◽  
Public Affairs ◽  
Constitutional Courts ◽  
National Courts ◽  
National Minorities ◽  
Nation States ◽  
Protection Mechanisms

Based on different concepts of nation-states, the article tries to demonstrate through the analysis of decisions of national courts that despite the same wording of the constitutional text, supreme and constitutional courts may come to totally differing conclusions in light of the constitutional history and doctrine of the respective country. The first part of the article gives an overview on case-law denying effective participation through non-recognition of ethnic diversity as a legal category, for instance through the ban of the formation of political parties along ethnic lines or through interpretative preemption of the legal status of minority groups. The second part of the article gives an overview of various legal mechanisms in order to enable, support, or even guarantee the representation and process-oriented effective participation of minorities in elected bodies, such as exemptions from threshold requirements in elections or reserved seats in parliament, and through cultural and territorial self-government regimes in those constitutional systems which legally recognize ethnic diversity. Nevertheless, the case-law demonstrates how difficult it remains to reconcile the notion of "effectiveness" with a positivistic and formal-reductionist understanding of terms such as equality, sovereignty, people or nation. The Lund Recommendations have served as an important guideline for a new, "communitarian" understanding of "effective" participation so that the author argues in conclusion that it requires more intra- and inter-disciplinary dialogue between law, politics and (legal) philosophy as well as between national and international minority protection mechanisms to "constitutionalize" this philosophy.

scholarly journals Public Discourses on (Sectoral) Energy Policy in Switzerland

2021 ◽  
pp. 313-343
Author(s):  
Lena Maria Schaffer ◽  
Alessio Levis
Keyword(s):  
Energy Policy ◽  
News Media ◽  
Public Perception ◽  
Public Discourse ◽  
National Policy ◽  
Energy Transition ◽  
The Public ◽  
Nation States ◽  
Future Policy ◽  
Transition Policy

AbstractEnergy transitions are based upon policy choices of sovereign nation states. Hence, politics plays a role in determining which policies governments implement and which sectors are targeted. Our chapter looks at the evolution of public discourse on energy policy as one important factor reflecting policy discussion and contestation within the political arena. Our descriptive and explorative analysis of the early public discourse in Swiss energy policy between 1997 and 2011 contributes to three main issues. First, it makes a case for the disaggregation of energy policy and its public perception to add to our understanding of energy transition pathways. We argue that looking at sectoral discourses as well as sectoral policy outputs allows for a more comprehensive understanding of the idiosyncrasies of Swiss energy policy regarding temporal as well as sectoral variation. Second, an increased politicization of energy policy may affect future policy choice, and thus any account on energy transition policy needs to scrutinize potential feedback effects from policies that manifest via policy discourse. Third, and on a more methodological stance, we argue that our approach to use news media as a representation of the public discourse via structural topic models can help to explore and explain the evolving national policy priorities regarding energy transition.

South Korea’s “Glocal” Hero: The Hiddink Syndrome and the Rearticulation of National Citizenship and Identity

2007 ◽  
Vol 24 (3) ◽  
pp. 283-301 ◽  
Author(s):  
Nammi Lee ◽  
Steven J. Jackson ◽  
Keunmo Lee
Keyword(s):  
21St Century ◽  
Global Economy ◽  
World Cup ◽  
Cultural Changes ◽  
Korean Society ◽  
Coaching Strategies ◽  
National Citizenship ◽  
Definition Of ◽  
The Relationship

This study examines how one sporting figure came to signify fundamental shifts in Korean society at the beginning of the 21st century—a time when Korean society was destabilized and seeking to reposition itself within the global economy. Guus Hiddink, a Dutch-born soccer coach, is credited with helping Korea attain its highest-ever ranking at the 2002 World Cup. Sporting achievements aside, Hiddink’s role as a foreigner and national Korean hero presents a unique and unprecedented case study of the relationship between globalization, nationalism, and neoliberal citizenship. Hiddink was the first foreigner ever to be awarded honorary national citizenship. Furthermore, his general coaching strategies and philosophies assumed a mantralike quality, popularly referred to as the Hiddink syndrome, that influenced wider cultural changes with respect to economics, politics, education, and the very definition of national citizenship and identity.

Foreign States in Domestic Markets

2021 ◽  
Author(s):  
Mark Thatcher ◽  
Tim Vlandas
Keyword(s):  
Political Economy ◽  
Financial Markets ◽  
Domestic Politics ◽  
National Policy ◽  
Sovereign Wealth Funds ◽  
Policy Makers ◽  
Domestic Markets ◽  
The Us ◽  
The Uk ◽  
Domestic Economies

Political economy debates have focused on the internationalization of private capital. But foreign states increasingly enter domestic markets as financial investors. How do policy makers in recipient countries react? Do they treat purchases as a threat and impose restrictions or see them as beneficial and welcome them? What are the wider implications for debates about state capacities to govern domestic economies in the face of internationalization of financial markets? In response, the book develops the concept of ‘internationalized statism’—governments welcoming and using foreign state investments to govern their domestic economies—and applies it to the most prominent overseas state investors: Sovereign Wealth Funds (SWFs). Many SWFs are from Asia and the Middle East and their number and size have greatly expanded, reaching $9 trillion by 2020. The book examines policies towards non-Western SWFs buying company shares in four countries: the US, the UK, France, and Germany. Although the US has imposed significant legal restrictions, the others have pursued internationalized statism in ways that are surprising given both popular and political economy classifications. The book argues that the policy patterns found are related to domestic politics, notably the preferences and capacities of the political executive and legislature, rather than solely economic needs or national security risks. The phenomenon of internationalized statism underlines that overseas state investment provides policy makers in recipient states with new allies and resources. The study of SWFs shows how and why internationalization and liberalization of financial markets offer national policy makers opportunities to govern their domestic economies.

A Model for Improving the Adoption of Sustainability in the Context of Globalization and Innovation

2012 ◽  
pp. 500-521 ◽  
Author(s):  
David L. Rainey
Keyword(s):  
Sustainable Development ◽  
Global Economy ◽  
Driving Forces ◽  
Business Environment ◽  
Leading Change ◽  
Negative Effects ◽  
Strategic Innovation ◽  
Doing Business ◽  
Regional Markets ◽  
Global Corporations

This chapter presents the foundations of a conceptual model for connecting the key elements necessary for corporations to adopt sustainability in the context of the global economy and strategic innovation. While there are numerous theories and practical methods for managing in a national or even regional markets, most of them lack the sophistication necessary for leading change in a global business environment. With the advent of globalization, the complexities of doing business on a global basis have increased dramatically over the last two decades. While sustainability involves many perspectives, strategies, actions, and management constructs, the chapter focuses on how global corporations employ strategic innovations in response to the driving forces in the global economy and how they can improve their level of management sophistication in a turbulent business environment. The model incorporates the concepts of sustainability and sustainable development in creating the solutions, systems and structures for doing business in the global economy. It focuses on strategic innovations that provide more positive aspects and fewer negative ones. Sustainability and sustainable development are based on proactive strategies and actions that exceed expectations and outperform peers and competitors alike. Strategic innovations are dramatic changes that have the potential to create dramatic new solutions that create exceptional value and eliminate or reduce negative effects and impacts. Strategic innovations include radical technological innovations, business model innovations, product developments, and organizational developments that are game changers.

Working for Free

2018 ◽  
pp. 167-196
Author(s):  
Jon W. Anderson
Keyword(s):  
Information Technologies ◽  
National Policy ◽  
Rent Seeking ◽  
Value Orientations ◽  
The Internet ◽  
Supply Side ◽  
Policy Makers ◽  
Micro Level ◽  
Marginal Returns ◽  
Share Value

While freedom dividends from spreading the Internet specifically and information technologies more generally across the Arab Middle East have proven problematic, hopes for economic dividends endure throughout the spectrum from national policy-makers to developers and users in nearly all countries in the region. Enthusiasms for investment in Internet and IT generally have rested on broad supply-side orientations at macro levels that do not link with the actual sociology of IT development, deployment and use at more micro levels, where returns to working on and through the Internet have been elusive. This chapter focuses on Internet developers as the missing link and identifies factors from piracy to strategies for pursuing returns by selling the firm rather than the product and forms of rent-seeking that add problems of getting paid to practices in which IT workers elsewhere have been found to share value orientations of entrepreneurial IT firms, while value is extracted upward and marginal returns on primary production fall at the micro level and fail to register as productivity at the macro level.

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