Just War Doctrine and the Invasion of Iraq

In this article we adopt the framework of Just War doctrine to assess whether the 2003 invasion of Iraq was just. The six criteria against which we assess the justice of going to war are Just Cause, Right Authority, Right Intention, Reasonable Prospect of Success, Proportionate Cause and War as Last Resort. We focus upon what was known and said by the US, British and Australian governments around the time they decided to invade and consider whether there was sufficient justification and authorisation for the Iraq War. The key pre-war issues discussed include alleged Iraqi possession of WMD and links to terrorist organisations, and the meaning of UN Security Council resolutions. We conclude that, as the Just War criteria were not satisfied, the invasion of Iraq was unjust.     

Woodrow Wilson’s Administrative Thought and German Political Theory

To what extent were Woodrow Wilson’s ideas about public administration informed by German organic political theory? Drawing on the writings of Wilson, Lorenz von Stein, and Johann K. Bluntschli on public administration, and comparing American and German primary sources, the author offers insights into Wilson’s general concept of public administration, as well as his understanding of the politics–administration dichotomy. With regard to current administrative research, this study underscores how the transfer of ideas profoundly contributes to advancing comparative public administration and helps clarify terminological difficulties and conflicting perspectives among diverse administrative science traditions.     

Open Stakeholder Consultations at the European Level—Voice of the Citizens?

The European Commission's open consultations of stakeholders are a central mechanism of the attempt to practice participatory governance at the European level and to open the political process to contributions from the societal sphere. This paper analyses the current practice of open consultations as one important operationalisation of participatory governance and as an implementation of Article 11 of the Treaty of the European Union (TEU). It asks whether consultations can be a means to give voice to the citizens and to increase the legitimacy of European institutions. The paper presents an empirical analysis of the field of participants in the consultations. A main finding is that business and industry organisations dominate the consultative process while the participation of citizens and not‐for‐profit organisations is generally weak. The paper explores to which extent the consultations can, considering the empirical findings, be seen as a suitable way for direct or representative citizen participation.     

Preventing innovative cooperations: the legal exemptions unintended side effect

In 2004, European competition law had been considerable changed by the introduction of the new Council Regulation No. 1/2003. One of the major renewals was the replacement of the centralized notification system for inter-company cooperations in favor of a so-called legal exemption system. We analyze the implications of this reform and its arising uncertainty on the agreements firms implement, especially on innovative agreements like vertical R&D agreements. By means of a decision theoretic approach, we show that the law’s intention to reduce the incentive to establish illegal cartels will be reached but innovating cooperations might be prevented. To avoid this unintended side effect, fines but not the monitoring activities should be increased.