The Effects of ‘Social Expectation’ on the Development of Civil Society in Japan

The European Union (EU) stands out among the major trading powers for its significant and dramatic response to new demands for access and participation in its external trade policymaking process. A spectacular range of mechanisms designed to increase the involvement of civil society organizations, including non-governmental organizations (NGOs), have been introduced recently. This article examines whether these new political opportunities in the EU have an impact on the trade processes and policy outcomes by revisiting a case that has been celebrated as indicative of the potential of global civil society to promote social justice—the Access to Medicines campaign. The findings show that although NGOs were instrumental in providing education, raising awareness, and giving a voice to broader societal concerns about the social and health-related aspects of the proposed trade deals, their impact on policy outcomes was limited. EU policymakers did not pursue policies that placed public health concerns over stringent intellectual property right protection, despite NGO involvement in the external trade policymaking process. I argue that the robust liberal and legal epistemic foundations of the international trade regime effectively hamstrung NGO efforts to move the external trade policies in more sustainable and just directions. These findings have broad implications for the power of epistemes and their ability to enable and delimit NGO agency in global economic governance.     

Prison or Voluntary Cooperation? The Possibility of Withdrawal from the European Union

Can a Member State choose to leave the European Union (EU)? Are there provisions in the Treaties that establish a right to withdraw? What would the political and economic implications be? In this article, these questions are addressed. In a first step, the Treaties of the EU and the provisions of international law are consulted in order to clarify if a legal right to withdraw exists. The conclusion is that there is no guaranteed legal right to withdraw in the current situation, but the entering into force of the Treaty establishing a Constitution for Europe would create such a right. However, a formal right to withdraw does not necessarily mean that leaving the EU is a real option, and therefore the political and economic sides of the issue are also examined. From the literature on secession and Europeanization, a number of issues that could arise in a case of withdrawal are identified – namely ‘fear of fragmentation’, ‘lost investment’, ‘costs’ and ‘the effects of Europeanization’. The extent to which these issues were of importance is examined in the only existing case of withdrawal: Greenland. Subsequently, an assessment is made of the extent to which these issues could form obstacles for a Member State that wishes to withdraw in the current situation. The main conclusion is that large economic costs and the constitutional changes that follow from EU membership could rule out withdrawal as a realistic option.     

Pragmatic solidarity and asylum expert witnessing

The demand for expert witness testimony has increased in recent years as the numbers of applicants for refugee status/asylum continue to rise and legal restrictions tighten. While the contribution of expert testimony improves outcomes for refugee and asylum claimants and has generated new critical scholarship, participation as an expert witness is not without political, legal, and ethical concerns. Framed in terms of “pragmatic solidarity,” or the application of specialized knowledge to social justice goals, this article situates expert testimony in refugee and asylum procedures within wider considerations of power to explore how it is both beneficial and problematic, and how it may shape, and be shaped by, a researcher’s own situated questions, methods, and orientation.     

Globalization and legal change: The “Americanization” of European law?

Intensified global economic competition, economic liberalization, and the rise of EU governance have led some observers to argue that there has been a trend toward the “Americanization” of the European “way of law.” This article addresses that contention, focusing on legal change in European member states. It first describes ways in which the American legal tradition has differed most sharply from the national legal systems of Western Europe (including Great Britain) and the political and economic factors that account for this “American legal distinctiveness.” Similar political and economic factors currently are at work in Europe, the article acknowledges, creating incentives for legal convergence. But it also argues that European legal culture and the political organization of European national states generate path‐dependent forces that impede European movement toward American ways of law, and it discusses six important differences between European and American law that remain entrenched and are unlikely to disappear.     

From Convergence to Deep Integration: Evaluating the Impact of EU Counter-Terrorism Strategies on Domestic Arenas

With the 2001 EU Action Plan and the 2005 EU Counterterrorism Strategy, the European Union has unfolded a roadmap for counter-terrorism measures and an itinerary of actions to be undertaken by the Member States. In some respects, the EU strategies, flanked by the Action Plans in the Area of Freedom, Security and Justice, as well as more concrete forms of cooperation such as the adoption of the EU Arrest Warrant, the Member States have been encouraged to use the same conceptual apparatus, to adopt the precautionary logic (pre-terrorism), and to adopt similar organizational models (multi-disciplinary cooperation) and tools (surveillance, public-private cooperation, etc.). This may have led to a level of convergence between the national counter-terrorism approaches, in line with what the Action Plan on Organized Crime in 1997 sought to achieve by demanding from Member States that they would adapt their national structures. The number of policy-impulses that has emanated from the EU Counterterrorism strategy and ensuing policy documents has been rather numerous. Moreover, this article seeks to take stock of whether all proposals have led to the full adoption and implementation of instruments. The article assesses whether the EU strategies have encouraged ‘deep integration’ between the Member States in terms of a common threat assessment, pooling resources, sharing intelligence, mutual legal assistance in anti-terrorist investigations, creating joint investigation teams and transferring suspects between Member States. The primary focus of this article will be on levels of legal convergence between six Member States.     

POLICY IMPLICATIONS OF SOCIO-ECONOMICS*

Avariety of efforts are currently underway to develop alternatives to the neoclassical paradigm and neoclassical analysis of economic behavior. Here, the author seeks not to argue which approach is most productive, but to demonstrate the useful policy implications of adding key noneconomic (so- cial, psychological and political) variables to a paradigm that attempts to model economic behavior. This co-deterministic paradigm is called socio- economics. The article discusses the different and often insightful policy analysis that results from employing a socio-economic set of variables in four major areas: (1) allowing for shifting preferences; (2) including institu- tional contexts and influences within which individual transactions take place; (3) recognizing the effects of political as well as economic power differences; and (4) combining macro and structural policies.     

Problems and process: European merger control and how to use it

This paper seeks to explore some of the public affairs principles involved in the EU mergers and acquisitions regulatory process, which affects most corporate restructuring of a European scope. Following a brief overview of the EU merger review process and the main role of public affairs in such cases, the paper explores some of the more sensitive issues that demand public affairs activities, and issues that are raised by public affairs activities. The paper focuses on the open nature of the EU merger review process, which allows for wide consultation; the imperfections within the EU merger review process, which lead to confusion as to where the exact point of decision lies; and the fact that the process is only quasi‐legal, so that competition policy and industrial policy considerations may filter into the regulator's assessment. The impact of politics is also explored; from high‐profile political interventions to low‐key political negotiations. Finally, there is a review of the perception of lobbying and the question of the legitimacy of the public affairs discipline in the context of EU merger control. Copyright © 2004 Henry Stewart Publications     

Better by design: Korea's neoliberal economy

Abstract

This paper examines the processes of bank and corporate restructuring in South Korea since the 1997–98 economic crisis, and seeks to highlight how the state has intervened in a highly dirigiste manner in order to expedite restructuring in both the commercial bank and corporate sectors. At the same time it demonstrates the clear neoliberal principles that have underpinned the state's attempts to promote restructuring. The state has shown a clear determination to take action against insolvent firms and financial institutions no matter how large or strategically important they may be, to impose hard budget constraints on key economic actors. Furthermore, the state has actively sought to engineer the sale of key domestic firms and banks to foreign investors. We argue that Korea's efforts to create a functioning neoliberal economy have been largely successful and are functional from the perspective of Korean capitalism, if not the perspective of individual Korean firms. Changes in the global economy in the two decades preceding the 1997–98 crisis imposed an increasingly inescapable pressure on the Korean state to effect a neoliberal transformation and Korea's future as a centre of capitalist accumulation has for some time been bound up with the success of the neoliberal project. In conclusion, this paper seeks to draw out the broader implications of this reading of the post-crisis restructuring programme for debates on global economic liberalization and the future of capitalist diversity.     

The Emerging Federal Quasi Government: Issues of Management and Accountability

There has been a growing trend in the federal government toward reliance on organizations that commingle legal attributes of the government and private sectors. These hybrid organizations now constitute a quasi government that occasions both interest and concern by political leaders, practitioners, and scholars alike because these organizations touch the very heart of democratic governance: To whom are these hybrids accountable? How well is the public interest being protected against the interests of private parties? In this article, the author seeks to define the quasi government and place these hybrid entities into manageable categories from which legal and behavioral generalizations may be drawn. Are hybrid organizations a problem or a solution? Looking critically at this question, the author suggests the answer may depend in large measure on which of two management paradigms the reader accepts: the constitutionalist management paradigm or the entrepreneurial management paradigm, both of which are defined and discussed. The author concludes that the increasin reliance on hybrid organizations constitutes a threat not only to accountable management within the government, but to the fundamental values of democratic governance as well.     

Legal Invisibility and the Revolution: Statelessness in Egypt

Recent political turmoil has focused international attention on Egypt, yet there is little awareness of the country’s stateless populations—those who lack legal nationality to any state—or the challenges they face. Individuals in situations of protracted statelessness are denied their right to a nationality, resulting in an array of additional rights violations. Such violations include denied freedom of movement, equality before the law, and access to economic and social rights. Drawing from two years’ of fieldwork data, this study highlights the plight of those who are unable to achieve legal status in a country with harsh punishments for illegal presence, entry, and exit. It also evaluates potential solutions for eliminating statelessness in Egypt and protecting the rights of stateless populations. As Egypt seeks to move beyond revolution, it is vital that the government addresses the pervasive and systemic inequalities that deny individuals their right to a nationality.     

The impact of EU intervention on political parties’ politicisation of Europe following the financial crisis

Abstract

This article examines the effect of the financial crisis and economic intervention by the European Union on political parties’ politicisation of the EU within national elections. Data from the Manifesto Project for elections between 2002 and 2017 in 12 Eurozone countries is used to assess how the crisis and intervention altered the saliency, position and clarity of parties’ EU policies. The analysis shows that the crisis only led to an increase in EU saliency in those states not subjected to intervention whilst intervention is actually associated with a decrease in the saliency of the EU. In terms of increasing Euroscepticism, intervention appears to exhibit a greater effect than the crisis although the results display marked asymmetry between different parties on the left and right. The same is observed to be the case for the level of blurring that parties are engaged in to mask their EU positions. The implications of the findings suggest that economic intervention within the EU has negatively impacted democracy in intervened-in member states by reducing the manoeuvrability of parties to provide voters with clear choices on the direction of European integration.     

NATO Intervention in Yugoslavia: Prelude to 'Perpetual Peace'?

The professed intention of NATO's intervention in Yugoslavia in March 1999 was to defend the human rights of an oppressed minority within a sovereign state. Many left-wing intellectuals claimed that to override national sovereignty was necessary for the salvation of the Kosovars, and that this reflects a new 'Kantian' conception of international relations in the post-Cold-War era, a conception which now remains to be actualized as a 'new international law of world citizens'. This paper seeks to refute these two arguments, that offer a moral interpretation of the war against Yugoslavia, not in order to question the project of 'perpetual peace' in its entirety, but to point out the need to reflect on its broader economic and political conditions, which are very far from being met.     

German neo‐Nazis

Stephen Miller feared persecution in his own country, South Africa, but because he could go to Israel, he was denied asylum in the UK.     

Development law: Squaring the circle, advancing human rights in Africa

Development law is an ethos-driven law reform paradigm that examines conditions from within the country and provides a frame of reference in which to evaluate the legal regime in the political, economic, social and cultural context. Moreover, development law provides a fresh approach to assessing existing national laws effectiveness generally; it assesses whether modifications are required to promote economic, political, and social progress, including protecting the rights of minority ethnic groups and disenfranchised peoples. By protecting rights, law can be an instrument of social development and will not be alien to large segments of the population. Development law as a paradigm is the result of decision making within the country after careful examination by trained professionals whose sole interest is political, economical, social, cultural and national development. The enactment of laws and integration of customary norms that are embraced by the ruling authority, political elites, and other stake holders will best advance human rights. I thank Professor Mary Wright for reviewing and providing helpful comments on a previous draft of this article.     

Ideas, Paradigms and Institutions: Agricultural Exceptionalism in the European Union and the United States

The differing trajectory of agricultural policy reforms in the 1990s in the world's two most important agricultural powers, the United States and the European Community/Union (EC/EU), can only be fully understood by appreciating the role that ideas play in policy outcomes. The idea of agricultural exceptionalism underwrote a paradigm of state assistance in the US and the EC/EU. By the mid-1980s, the state assistance paradigm was under stress, and subject to a number of anomalies in both the US and the EC. But while the paradigm was overthrown and replaced with a market liberal model in the US grain sector in the 1990s, it remained intact in the European Union. Explaining why agricultural exceptionalism and the state assistance paradigm has endured in the EU while it has withered in the US highlights three factors: the importance of the political institutional framework in locking in—or not—policy principles and instruments; the degree of fit of a sectoral policy paradigm with the broader societal ideational framework regarding appropriate relations between the state, the market, and the individual; and the capacity of a paradigm to adjust in the face of challenges and anomalies.     

The Values Shaping Australian Asylum Policy: The Views of Policy Insiders

Drawing on interviews with former political leaders and senior public servants, this article maps the values that have guided asylum policy decisions over the past three decades. The findings support the view that a culture of control permeates policy decisions, but pushing deeper, that policy‐maker perceptions of asylum issues are shaped by two primary values: nation building and good governance. Values that tend to preoccupy policy critics, for example human rights, compassion, international legal obligations and national character, are by no means absent, but are subsumed within and harnessed to the desire to be a good engineer and responsible governor. The study adds to the insights required for constructive dialogue between governments and refugee advocates, and affords a comprehensive framework within which asylum policy can be understood and analysed.     

Becoming flesh: refugee hunger strike and embodiments of refusal in German necropolitical spaces

The securitization of the EU’s external borders and repressive asylum policies biopolitically control and discipline the bodies of refugees. In Germany, these developments hark back to a longer colonial history of racialization that the state collectively disavows. To approach this continuity of racialized citizenship, I will analyse a series of hunger strikes that were staged by refugees from 2012 till 2014 in Germany. By asking which possibilities lie in staging the hunger strike, I will argue that Germany’s necropolitical geography of detention, asylum, and deportation marks the racialized refugees’ bodies as disposable within the logics of citizenship. I propose that hunger strike is a form of becoming flesh, which makes visible how racialized violence is enacted on the refugees’ bodies. Becoming flesh articulates a politics of refusal that subverts the logics of recognition, empathy and suffering liberal rights discourses rely on and, instead, performs an embrace of the refugees’ abjection.     

The Scandinavian Democratic Model

Given the continuing importance of democracy as an analytic concept. this article seeks to compare Scandinavian practice with accepted general definitions and theories. Definitions that recognize contemporary political democracy as consensual and procedural seem most appropriate to the Scandinavian cases. Although remaining dynamic. political democracy has not been a contested principle for more than 50 years.
Efforts since 1945 to extend democracy to social and economic spheres have been more controversial, however. Welfare state measures enjoy broad support, not least for functional reasons. For many, however, such policies seek a broader social democracy instead of merely a humane 'safety net'. Economic democracy remains the most contested dimension. Seeking to transcend corporatism and rational collective bargaining, economic democracy seeks simultaneously to promote greater economic equality and participation while maintaining an efficient productive system.
The dynamic and expanded democratic model has engendered much domestic debate about means and ends. This has been, on balance, a source of reinvigoration.     

Gagging orders: asylum seekers and paradoxes of freedom and protest in liberal society

The detention of non-status migrants is now commonplace in developed countries. Detention has been justified on such grounds as security, the welfare of non-status migrant populations, and as a way to speed up processing asylum claims. Drawing from the artist Krzysztof Wodiczko's sustained interest in themes of migration and belonging, this article examines the relationships between technologies of government in detention and accommodation facilities, and the possibilities and constraints of protest that these settings and practices give rise to. The analysis highlights paradoxes of freedom as well as opportunities for protest that imbue these spaces. Using Foucault's discussion of technologies of government, we draw on empirical research to highlight how orientation booklets, classes, and legal self-representation manuals are technologies that compel asylum seekers to become ideal detainees in hopes of being understood as ‘liberal subjects’ worthy of inclusion in a small number of evermore tightly policed Western European states. We conclude with the suggestion that asylum seekers' paradoxical encounters with technologies of liberal government deliver a challenge to the accepted framework of citizenship within liberal societies.