Defending the European court of human rights: Experimental evidence from Britain

As nationalist sentiments gain traction globally, the attitudinal and institutional foundations of the international liberal order face new challenges. One manifestation of this trend is the growing backlash against international courts. Defenders of the liberal order struggle to articulate compelling reasons for why states, and their citizens, should continue delegating authority to international institutions. This article probes the effectiveness of arguments that emphasise the appropriateness and benefits of cooperation in containing preferences for backlash among the mass public. We rely on IR theories that explain why elites create international institutions to derive three sets of arguments that could be deployed to boost support for international courts. We then use experimental methods to test their impact on support for backlash against the European Court of Human Rights in Britain (ECtHR). First, in line with principal-agent models of delegation, we find that information about the court's reliability as an ‘agent’ boosts support for the ECtHR, but less so information that signals Britain's status as a principal. Second, in line with constructivist approaches, associating support for the court with the position of an in-group state like Denmark, and opposition with an out-group state like Russia, also elicits more positive attitudes. This finding points to the importance of ‘blame by association’ and cues of in/out-group identity in building support for cooperation. The effect is stronger when we increase social pressure by providing information about social attitudes towards Denmark and Russia in Britain, where the public overwhelmingly trusts the Danes and distrusts the Russians. Finally, in contrast to Liberal explanations for the creation of the ECtHR, the study finds no evidence that highlighting the court's mission to promote democracy and international peace contains backlash. We show that the positive effects of the first two arguments are not driven by pre-treatment attitudes such as political sophistication, patriotism, internationalism, institutional trust or political preferences.     

Power,Powerlessness and Petroleum: Indigenous Environmental Claims and the Limits of Transnational Law

Environmental disasters, particularly oil spills, increasingly involve a complex intermingling of the national, international and often the transnational. Traditional responses to seeking remediation have pursued the legal path of class action suits against multinational corporations. This article examines one such historic case, Aguinda v. Texaco, Inc., in which residents of Ecuador's Amazonian rainforest brought suit against Texaco in US federal courts through the legal opening provided by the Alien Tort Claims Act of 1789. Dominant analyses of this case have centered on the failed promise of this law to serve as a human rights tool and view this failure in terms of the sovereigntist limitations on an emerging cosmopolitan order. Against these analyses, this article offers an alternative approach that shifts the focus from the limitations of the law towards a perspective on power. Bringing to bear political science's power debate to develop this perspective on power, the article highlights what analytical tools from this debate are translatable or which are not for understanding the power relations of the Aguinda case. Through this exercise, this article aims to prod a reconsideration of dominant theories of power, developed in a frame of the nation-state, and to provoke their redevelopment to better engage with the complex and dynamic flows of power in cases of environmental justice and politics across borders.     

The Politics of Judicial Procedures: The Role of Public Oral Hearings in the German Constitutional Court

Modern liberal democracies typically depend on courts with the power of constitutional review to ensure that elected officials do not breach their constitutional obligations. The efficacy of this review, however, can depend on the public observing such breaches. One resource available to many of the world's constitutional courts to influence the public's ability to do so is public oral hearings. Drawing on the comparative judicial literature on separation of powers, public awareness, and noncompliance, I develop a formal model of public oral hearings. The model provides empirical implications for when a court will hold public oral hearings and how hearings correspond to a court's willingness to rule against elected officials. An empirical analysis of hearings at the German Constitutional Court supports the model's prediction that courts use hearings as a resource to address potential noncompliance.     

The new world [dis] order in the complexity of multi‐polarity: United States of America's hegemonic decline and the configuration of new power patterns

History tells us that the United States of America (US)'s hegemonic predomination materialized from a very long‐ideological battle and/ Cold War, sometimes referred to as the war of words lasted for about five decades from the mid‐1940s to 1989, and consequently stopped after the fragmentation of the Soviet Union Empire. Thus, in contemporary times, it is lamentably regrettable that USA has come to face oligopolistic challenge in the context of both political and economic dominion. The international system is slowly but surely experiencing the emergence of brand new political and economic power patterns vis‐à‐vis China, European Union (EU) and Brazil, Russian, India, China, South Africa (BRICS). In light of the aforementioned, this article assesses the symptoms of US hegemonic decline and how this helps shape the current global academic and/ scholarly debates on the strategic environment. Equally important is the adoption and application of Afrocentricity as the theoretical framework in the quest for ”relocation from the knowledge production margins” and the spirit of the anticipation of the DE‐colonial Political contemplation in South Africa's life‐time. As a theory, it is employed to answer the central question: Is it a reality or a myth that USA's dominion over the international system is coming to an end? Methodologically, this article relied on interdisciplinary discourse analysis and thematic content prevailing documents.     

Japan's policy on steel trade disputes with the United States: a comparative analysis

Abstract

This article examines interactions among the United States, Japan and the European Union over steel trade disputes with particular interest in Japan's reactions to the disputes. For this objective, this paper establishes an analytical framework that takes into account bilateral, international, and domestic factors in formulating a state's external policy and relations. It was found that the special relationship with the United States still impinged on Japan's reactions to steel trade disputes, but its influence has gradually declined. Moreover, growing familiarity with World Trade Organization (WTO) rules and practices and collaboration with other countries enabled Tokyo to expand its policy options to handle steel trade conflicts with Washington. Significantly, Japan formally adopted seemingly bold measures to cope with the US steel safeguard action, but the measures’ substantial influence on the US government was limited compared with those adopted by the European Union. Weak policy coordination among ministries prevented Japan from formulating strategic and effective measures in managing steel trade disputes with the United States.     

Defending In Defence of Politics Today

What are the threats to politics fifty years after the publication of Bernard Crick's classic In Defence of Politics? The chief danger lies in the forces of globalisation and the eclipse of the national state as the locus of political life. It is the hope of many in both Europe and the US that we might replace the basic structure of the sovereign state with a variety of postnational forms of organisation such as the UN or the EU. What are the forces behind these developments? Are we entering a world beyond politics increasingly administered by international law courts and tribunals no longer responsible to their national electorates? The possibility cannot be ruled out, but such a world, I suggest, would no longer be a political world.     

The WTO's Appellate Body: Legal Formalism as a Legitimation of Global Governance

The creation of the Appellate Body (AB) of the World Trade Organization (WTO) entails an unprecedented delegation of power to an international adjudicator, because the WTO requires states to ensure compliance of their domestic regulations with the sweeping obligations in WTO agreements. This is legitimized in some academic analyses and much political rhetoric in terms of the rule of law, suggesting that the role of the adjudicator is merely to apply the precise words of the texts agreed by states, according to their natural meaning. The AB has supported this by adopting a formalist approach that combines an objectivist view of meaning with a legalistic style of judgment. However, both the general structure and many of the specific provisions of the WTO agreements are indeterminate and raise issues of interpretation that were known to be highly contestable. Although the delegation of adjudication in its early phase was considered to be of a narrow technical function, in the current phase interpretation is more clearly seen to involve a flexible application of principles to cases in light of the policies involved. The AB's role would be better legitimized by adopting a more open epistemology and reasoning that could be accessible to a wider constituency. However, it is constrained by fear of usurping the political legitimacy of the governments to which it is primarily accountable, and governments, in turn, are motivated by a reluctance to admit to their domestic constituencies how much power has been transferred to supranational instances such as the AB.     

Mirroring Risk: The Cuban Missile Estimation

The Cuban Missile Crisis is by this point well known to all scholars of international politics. Yet, although it has yielded countless lessons over the years, one critical aspect of the case has remained unexamined: the failure of estimation prior to the crisis that led US officials to discount the possibility of a missile deployment in Cuba. This article re-examines US intelligence estimates of the Soviet Union prior to the Cuban Missile Crisis in light of the concept of ‘mirroring risk’, introduced in this article. I present a framework for understanding a class of intelligence failures that are caused by the mis-assessment of how an adversary frames a decision and the risks that they are willing to take. I also present a new two-stage process for understanding how individuals assess the risk-propensity of adversaries in international politics.     

Why cooperate with others? Demystifying China's trilateral aid cooperation

This article examines China's motivations for trilateral aid cooperation in the context of its seemingly assertive diplomacy in recent years. Previously known for its preference for bilateral aid delivery, China, however, is increasingly conducting trilateral cooperation with western donor states and UN agencies. By employing constructivism and cognitive learning theories, this paper focuses on two perspectives: China's calculation of national interests and international engagement, and is structured around two case studies: UNDP's advisory role for China on development cooperation, and China–US trilateral aid cooperation. It argues that strategically, China is putting growing emphasis on its identity as a growing great power in the development sector, using trilateral cooperation to build its global image. Technically, China's four-decade long external engagement has promoted changes in its ideas about aid cooperation, thus reinforcing its desire for cognitive learning to improve its aid performance.     

The nature of managerial work in the public sector: An African perspective

It has been asserted too often that the development of non-western countries—those of Africa, in particular—is highly dependent upon their assimilation of western management techniques. Yet, the applicability of western management techniques to a non-western cultural milieu remains the subject of debate in the public administration and management literature. Much of the management development literature since the mid 70s has dealt with the replicability of Mintzberg's partition of the nature and contents of the manager's activities in diverse western work settings, in the US primarily. Few attempts have been undertaken to test Mintzberg's findings in non-western settings. In this article, the authors attempt to partially fill this gap in the literature. More specifically, the authors investigate the degrees to which the management roles identified in the US can be applied generically to the public sector in the African context. The findings indicate that perceptions of management roles at the macro level are highly consistent across cultural boundaries. Significant differences, derived primarily from the historic experience of colonial administration and the contingent micro level impact are also noted. The implications of these findings for the design and implementation of management training programmes in Africa are explored.     

Viewpoint: The Next Great White Fleet: Extending the Benefits of the International System into Space

This article argues that what naval power was to the 17th century—knitting together separate trading systems and bridging new resources, wealth, mobility, and establishing an international system of trade that pulled various powers into the dominant power's orbit—space power can be for the 21st century. To this end, airmen must take a wider view of what strategic value the United States Air Force (USAF) can provide for the United States (U.S.) beyond support for warfighting.     

Preferential trade agreements and power asymmetries: the case of technological protection measures in Australia

Since the 1980s states have sought to harmonise economic standards to aid the flow of goods, services and finance across borders. The founding agreements of the World Trade Organisation (WTO), for example, harmonised standards on services, intellectual property and investment. However, mutlilateral trade negotiations in the WTO have since stalled. In response, the United States (US) has engaged in forum shopping, using preferential trade agreements at the bilateral, regional and multinational level to harmonise international standards. This article argues that through forum shopping the US has been able to export standards that support the commercial interests of US-based industries more than they encourage economic exchange across borders. Furthermore, because power asymmetries are starker in preferential trade negotiations smaller and middle power states should not enter trade agreements, which include regulatory harmonisation. This is illustrated with the case of the US-Australia free trade agreement, looking specifically at a copyright standard known as technological protection measures (TPMs). It was clear before, during and after the agreement was signed that Australia’s existing standard on TPMs was more popular than the US-style standard. Nevertheless, a US-style standard is in effect domestically because of the trade agreement.     

Citizenship,identity and transnational migration: Arab immigrants to the United States

The aim of this paper is to evaluate the changing relationships between identities, citizenship and the state in the context of globalisation. We first examine the ways in which scholars discuss changes in the ways in which citizenship and political identity are expressed in the context of international migration. We argue that much of the discussion of transnationalism and diaspora cling to an assumption that citizenship remains an important—though not defining—element of identity. Our position, by contrast, is that migration is one of a number of processes that transform the relationship between citizenship and identity. More specifically, we argue that it is possible to claim identity as a citizen of a country without claiming an identity as ‘belonging to’ or ‘being of’ that country, thus breaking the assumed congruity between citizenship, state and nation. We explore this possibility through a study of Arab immigrants in the US. Our findings, based on interviews with activists and an analysis of Arab American websites, suggest that concerns with both homeland and national integration are closely related to each other and may simultaneously inform immigrants' political activism. These findings indicate a need to identify multiple axes of political identification and territorial attachment that shape immigrants' sense of political membership. We argue for the importance of thinking about transnationalism as a process—and perhaps a strategy—as migrants negotiate the complex politics of citizenship and identity.     

PCC Elections as a ‘Failed Experiment’: What Lessons can be Learned?

The low turnout of the 2012 police and crime commissioner (PCC) elections have led to questions surrounding their legitimacy and have even led to the former Deputy Prime Minister Nick Clegg describing the elections—elections his party helped to introduce—as a ‘failed experiment’. Despite this, the election of a majority Conservative government in May 2015 appears to offer some longevity to the role of police and crime commissioners and cements next year's PCC elections in the political diary. Concerns in the immediate aftermath of the elections focused upon the costs of the elections. In this article I offer some suggestions as to what lessons could be learned from this experiment and, through exploring the attitudes of voters, political parties and the media, suggest that we can learn four lessons: (1) that spoilt ballots cannot be ignored; that (2) political parties and (3) the media's attitudes toward elections are important in encouraging people to vote; and (4) that high numbers of independent candidates cannot simply be welcomed at times of elections.     

‘Marching from all governorates’: labour lacunae in Mubarak’s Egypt

Abstract

Starting in 1991, Egypt undertook ‘structural adjustment’ reforms at the behest of international financial institutions and the country’s foreign donors. These reforms have often been included in a larger discussion of economic reforms and the withdrawal of the state from the Egyptian market. While certainly market-based, these reforms were interpreted and implemented in a uniquely Egyptian context and moved forward not through a market logic but with a specific understanding of political feasibility. Despite these local peculiarities, Egypt experienced a backlash familiar to researchers of structural adjustment internationally. How did Egypt’s structural adjustment and other ‘liberalizing’ reforms produce spatialized and sectoral backlash and drive workers from quiescence to militancy? Based on extensive fieldwork and interviews conducted in 2011–2013, this paper argues that the choices made by the Egyptian regime from 1991 to 2010 generated ‘labour lacunae’ – spaces in the political-economic structure where methods of interest aggregation were replaced by coercion or neglect – allowing militancy to flourish. I explore how labour entrepreneurs exploited these ‘lacunae’ to redefine ‘local’ protest in the run-up to the Egyptian Revolution of 2011.     

America's Other Guantánamo: British Foreign Policy and the US Base on Diego Garcia

The British Indian Ocean Territory (BIOT) is one of Britain's most controversial Overseas Territories. Its indigenous people, the Chagossians, were exiled from their homes in the 1960s and 1970s so that BIOT could play host to a US military base on the island of Diego Garcia. Meanwhile, Diego Garcia has been tarnished by revelations regarding its role in the CIA's ‘extraordinary rendition’ programme and by allegations of torture. And earlier this year, an international tribunal ruled that the UK government had violated international law by pushing through a Marine Protected Area to cover the territory over and above the protestations of neighbouring states. In this article, I argue that allowing the resettlement of BIOT by the Chagossians would go a long way towards improving the way that the territory has been governed for the past five decades.     

Women Police in Post‐Fitzgerald Queensland: A 20 Year Review

The Fitzgerald report was the catalyst for major reforms to Queensland's system of government and criminal justice, and included explicit recommendations related to women in policing. Reforms led to the removal of discriminatory barriers and significant improvements in the recruitment and promotion of women. However, these changes provoked a backlash in the 1990s that led to reductions in female recruitment. A return to less discriminatory policies eventually ensued, with steady improvements on key equity indicators. This paper provides a historical perspective on developments over the two decades since Fitzgerald, and includes a critical analysis of the implementation of contemporary equity and diversity strategies within the policing context. Recruitment of women police in Queensland has plateaued at one‐third and progress in the overall number of sworn women and women in management is slow. The paper concludes by emphasising the wider lessons for a more developed and proactive gender equity program in public sector employment and policing.     

The management of institutional innovation: Lessons from transferring the land grant model to India

The US and India collaborated on a successful institution building programme in the 1950s and 1960s to develop capacity for agricultural education, research and extension. This paper analyses that process for lessons that might bear on efforts to build similar institutions in other countries. India was an especially favourable environment due to the sophistication of its scientific base, the openness of its leaders to institutional innovation, the presence of public sector enterpreneurs to mobilize support for reform, and a food crisis that made it urgent to find new technology. The US did not fund institutional changes that had little demand in India, but it did influence Indian preferences over the long run by creating several mechanisms to exchange information about the American land grant system. These exchange mechanisms enhanced India's capacity for agricultural science and, less often noticed, contributed to the political support essential to new institutions.     

Looking Backwards: 1968 Thirty Years Later 1

This essay is intended to open a discussion about building a coherent account of the decline of AIDS street activism amongst lesbians and gay men in the US in the early 1990s. It does so by demonstrating how a narrative of key events in the rise and decline of this activism can be structured by being linked to the trajectory of racial politics in the larger society. The argument is made that AIDS street activism was ultimately overwhelmed by political isolation caused by the withering of a broader "rainbow politics," and by an expanding white racial backlash in the larger society. In this context there was little room for the political development of movement participants, and movement solidarity was shattered as the broader culture and politics of racial backlash penetrated the movement.