The Place of Legal Positivism in Contemporary Constitutional States

The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of methodological or conceptual positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of intersection between law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the neutrality thesis in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism.     

Exploring the role of dependence in influencing small states’ alliance contributions: A reputation mechanism argument and assessment

Dependence has been demonstrated to be a main factor driving small states’ alliance contributions. However, the causal pathway linking dependence on the one hand, and small states’ contributions on the other, is seldom explicated and assessed. Furthermore, the ways in which dependence may shape, not only drive, such contributions, have received little attention. The purpose of this article is to elaborate the role of dependence in these regards. Drawing on Glenn H. Snyder’s “fear of abandonment” concept, it is argued that reputation is the main mechanism linking dependence and contributions. The article specifies the causal pathway and assesses it against case-study evidence of Norway’s and Sweden’s military participation in ISAF. The process tracing lends much support to the proposed mechanism, and comparison helps clarify how different alliance relationship status (member or partner) impacts on the theorised causal chain.     

Between NATO and a hard place: defence spending debate in Germany and Czechia

Defence spending has become a primary issue in the context of NATO. The question of fair burden-sharing and development of new capabilities in reaction to the changing security environment led NATO members to aim to spend 2% of GDP on defence by 2024. While some allies have managed to reach the level quickly, others seem not to be able or willing to do so. We know little, however, how the international commitment is reflected and referred to in individual member states. This article shows how size played a role when the 2% pledge was discussed in domestic politics, even if the resulting policy may be very similar. Based on expert and political debates in Germany and Czechia, it demonstrates that external expectations and the question of status play a crucial part in the small state’s reasoning whereas it is mainly internal drivers that shape the big state’s decisions.     

Status conflicts between Russia and the West: Perceptions and emotional biases

This article looks at the status conflicts between Russia and the West and asks: why do these conflicts exist despite attempts to avoid them? If status conflicts refer to merely a symbolic recognition, then they should arguably be easier to solve than conflicts stemming from competition for power and resources. Yet, status conflicts can be difficult to solve even when they were not conceived as zero-sum games. The article argues that status conflicts cannot be understood without the interplay of perceptions and emotions. First, what really matters is not objective status but perceptions thereof and there seems to be a gap how Russia and the West perceive status in general. Secondly, the perceptions of when status is gained or lost seem to be emotionally loaded. Russia is more willing to understand its relative status when military or economic issues are at stake, but if the dispute deals with international norms and questions of justice Russia is more likely to interpret Western action as violating its status and conversely, it is more likely to interpret its own action as enhancing its status when it is defending such values differently from the West.     

A candidate for relegation? Corruption,governance approaches and the (re)construction of post‐war states

The article discusses the place of anti‐corruption in the post‐war donor agendas. It uses examples from a set of country reports to demonstrate the divergence between the rhetoric and reality of donor‐led initiatives, and the delivery of reform through the governance approach of which addressing corruption has been a part. It suggests that dealing with corruption has often been diluted or downplayed within the wider approach. Within the debate to revise that approach, corruption may be relegated further down the agenda. While recognising the complexity of the post‐war reform process, and the demands from the multiple tasks and volume of funding being addressed by a range of domestic and external actors, the article suggests that failure to address corruption within any new approach in favour of what are considered more pressing reform issues may well cause problems for the future. Copyright © 2009 John Wiley & Sons, Ltd.     

Between Accommodation and Opportunism: Explaining the Growing Influence of Small Gulf States in the Middle East

Abstract

Smaller members of the Gulf Cooperation Council defied theoretical and practical expectations as they were able to enlarge their international influence during the years of the Arab Spring. They adopted markedly different foreign policy strategies, which can be seen as stances lying between accommodation and opportunism, depending on the extent to which they respected the security concerns of their geopolitical patron, Saudi Arabia. The mainstream schools of IR theory – neorealism, neoliberalism and constructivism – offer different explanations for these phenomena. Although none of the three schools can provide a completely exhaustive explanation, neoliberalism seems to offer the most comprehensive framework for analysis.     

Foreign Policy Activism in Saudi Arabia and Oman. Diverging Narratives and Stances towards the Syrian and Yemeni Conflicts

Abstract

Amid growing animosity and security concerns in the Middle East, the Gulf region appears to be on the way to becoming the new centre of gravity of regional equilibria. The increasingly active foreign policy postures of the Gulf Cooperation Council (GCC) countries is a key aspect of the new regional order in the making. Saudi Arabia and Oman are two examples of this trend. Their involvement in the Syrian and Yemeni conflicts reveals important differences regarding the aims, narratives, political and military postures, strategies and alliances pursued by Riyadh and Muscat and casts a shadow over the future of GCC cooperation and integration.     

International Recognition and Religion: A Quantitative Analysis of Kosovo’s Contested Status

Recognition from other recognized states is the key to becoming a fully fledged member state of the international system. Although many new states are quickly and universally recognized, the recognition of other aspiring states remains highly contested. In these cases of contested sovereignty, some countries but not others extend recognition. However, research on what shapes a country’s decision to recognize a claim to sovereign statehood remains relatively sparse. This article focuses on how religion shapes the incentives of states to extend or withhold recognition to aspiring states in cases of contested sovereignty. It posits two mechanisms, one at the domestic level through religious institutions and one at the international level through transnational religious affinities. The article uses new data on all state decisions regarding the international recognition of Kosovo to test these propositions. The results provide strong support for these two pathways through which religion shapes state decisions regarding international recognition.     

Renegotiating the empire,forging the nation(-state): the Bohemian/Czechoslovakian case through the political–economic thought of Thomas G. Masaryk and Karel Kramář, c. 1890–1920s

This article explores the dilemma of the small Bohemian Lands/Czechoslovak nation(-state) in staying “in” or “out” of the larger Habsburg supranational entity in the late nineteenth and the early twentieth century. It does so mainly through the language of political economy (on national wealth creation and redistribution) articulated in the opinions and political actions of Czechoslovakia’s two founding statesmen, the first president, Thomas G. Masaryk, and the first prime minister, Karel Krama?. The article argues that their choice of staying “in” the large imperial space was premised upon renegotiating a better political and political–economic deal for the Bohemian Lands, whereas the option of abandoning it and of forging the Czechoslovak nation-state was essentially based on political reasons. And while both advocated an interventionist role for the state in the economy during the imperial period, they considered such a prerogative even more essential for their new nation-state.     

Measuring state fragility: a review of the theoretical groundings of existing approaches

State fragility has become a resonant term in the development discourse over the past decade. In its early days it served as a catch-all phrase used by donor organisations to draw attention to the need to assist ‘fragile states’. In response to the call for a better understanding of how to deal with these countries, there was a surge in measures of fragility. However, it was not long before academics pointed to the murkiness and fuzziness of the term, and identified several caveats to most of the proposals for quantification. This paper reviews existing approaches to operationalise this concept, distinguishing between those that offer no ranking or only partial rankings of fragile states, and those providing ordinal lists of countries. The examination of their theoretical underpinnings lends support to the critical view that most existing approaches are undermined by a lack of solid theoretical foundations, which leads to confusion between causes, symptoms and outcomes of state fragility.