From the Atlantic to the Bug,from the Arctic to the Tigris? The Transformation of the EU and NATO

Both the European Union and NATO are now committed in principle to substantial enlargement. It remains doubtful, however, how far member governments are making a success of further enlargement, let alone thinking through its strategic implications. Yet the process of dual enlargement will define the future security, political and economic structures of the European region. During the past year west European governments have extended promises of eventual membership to the western Balkan states and to Turkey; while the future positions of Ukraine, Russia, the Caucasus states and the southern Mediterranean associates all raise delicate policy issues. Hard choices remain to be made about the adaptation of these organizations to eastern enlargement, and about the management of relations with the near neighbours who will remain outside.     

Does the Law and the Constitution of the Family Have to Change?

The law and constitution of the family has been targeted for transformation in recent years, leading most notably to the Supreme Court's decision in Obergefell v. Hodges, mandating same-sex marriage as a matter of constitutional law. In this essay I undertake a thought experiment, asking how advocates of traditional marriage ought to want the law of marriage to change in light of this development. I begin by reviewing the argument for legal change sketched by Aquinas and then applying it to developments concerning marriage in modern America. Next I sketch the natural-law argument on behalf of traditional marriage. Finally, I turn to the case of Michael H. v. Gerald D., in which the Supreme Court upheld a statutory reiteration of the common-law presumption that the husband of the mother is the father of her child, against a challenge from the biological father, suggesting that this case, long admired by conservatives, needs to be reconsidered—and that the dissent in the recent Indian Adoption Case recognizing a constitutional right of biological parents might prove useful to the restoration of marriage law.     

Conditionality and the EU–ACP Partnership: A Misguided Approach to Development?

The Cotonou Partnership between the states of Africa, the Caribbean and the Pacific (ACP) and the European Union (EU) provides a case in which the human rights approach to development is being put into practice. This article uses the partnership to address broader questions regarding the effectiveness of the new approach to development. The EU–ACP partnership is innovative because it reflects the changing international consensus on development, but it is not clear if the norms used in the Cotonou Agreement have achieved the consensus needed to comprise any real shift in development policy. Moreover, it can be argued that what diminishes the efficacy of the human rights approach in the EU–ACP relationship is political conditionality as this mechanism may lead to interventions that are counterproductive to the establishment of stable democracy.     

Territorial Cohesion of Tomorrow: A Path to Cooperation or Competition?

Explicit reference was made to “Territorial Cohesion” in the draft Constitution for Europe. The concept has recently been celebrated by many stakeholders of territorial development policies, including the European community of planners. Territorial Cohesion does not seem to have received any official definition, but it is clearly meant to aim at some sort of “spatial justice” while promoting integration between EU sector policies that have a territorial impact. Seemingly a consensual principle: who in Europe would object to a better coherence between various EU policies and the provision of reasonably equal standards of living to all EU citizens, regardless of their area of settlement? Yet a close examination of the current political debate suggests that very divergent views are being expressed as to what Territorial Cohesion exactly entails in practical terms. Two main different policy approaches seem to emerge in this debate. The first approach tends to equate Territorial Cohesion to a range of positive discrimination steps in favour of various penalised areas. Interest groups, in particular lobbies for specific regions, have proved influential in propagating this conception. In the area of regional policy, this approach embodies the neo-corporatist, depoliticised line of the contemporary political culture. It is primarily inspired by financial considerations and a competitive zero-sum game scenario: regions of a specific category should increase their share of the EU funding at the expense of the others. The opposite approach places much more emphasis on the need for integrated territorial planning strategies and the integration of EU policies. Its proponents are the heirs of the post-war urban and regional planning tradition. They strive to revive the politicised and rationalist ideology of the Enlightenment, based on the notion of public interest. They raise awareness about the steadily growing interdependence between regions and cities of Europe and advocate a cooperative approach focusing on issues of transnational relevance and win-win situations. This rather idealistic cooperative approach seems to be less influential than its rival, and currently confined to a relatively small group of planning professionals. The question remains: which of the two models—interregional competition or cooperation—will finally succeed in shaping the EU cohesion policy?     

The US and Europe: Continental Drift?

This article is an edited version of the second C. Douglas Dillon Lecture on European-American relations delivered at Chatham House on 24 June 1999 by Joseph S. Nye Jr, in which he analyses future relations between Europe and the United States. Despite the lack of a mutual threat in the form of Soviet aggression, the author believes there is still enough common ground between the two for the relationship to be sustained. However, he is very much aware of current counter-arguments and acknowledges that the bickering will continue. Drawing on the works of Stephen Walt and Robert Blackwill, among others, Joseph Nye outlines where and why difficulties in the relationship could appear. He points to the areas of economics, culture, diplomacy and defence cooperation where potential rifts might occur and offers suggestions on ways to reduce the friction. His conclusion is optimistic: divorce is not in the offing.     

The Lisbonization of EU Cohesion Policy: A Successful Case of Experimentalist Governance?

This article traces the emergence of a new “experimentalist governance architecture” in EU Cohesion policy and assesses its effectiveness. Following trends in other EU policy areas, the core features of the architecture are the joint setting of objectives between EU institutions and the Member States, (semi-)autonomous implementation by the Member States and regions, the use of performance reporting and peer review mechanisms at the EU level and the periodic revision of policy objectives. The new architecture—characterized by a hybrid mix of soft and hard new modes of governance—has been instrumental in driving policy and governance change in the 2007–2013 strategies and delivery arrangements, although a direct and exclusive “EU-driven effect” is not always easy to discern. More fundamentally, the effects on mutual learning have so far been weak and are unlikely to improve unless a more structured and robust assessment and peer review process is introduced.     

The Origin of Alliances: From Sparta to the EU’s Solidarity Clause

Abstract

According to the International Relations theory known as Realism, interstate interactions, whether ancient or modern, are motivated by the pursuit of hegemony of individual states, which act as monolithic groups in articulating their foreign policy decisions. The application of Realism to the study of Spartan foreign policy in the third century BC shows the validity of this theory in explaining certain aspects of ancient interstate interactions, as illustrated by the two alliances discussed in this article. The first, earlier alliance, between King of Macedonia Antigonos Gonatas and Sparta and some Peloponnesian cities, was made in response to the threat posed by King Pyrrhus of Epirus who was set on conquering them. The later alliance, between Sparta and other states, was made to stop the ambitions of King Antigonos Gonatas who controlled many cities of the Peloponnese and sought to conquer the whole of Greece. In forging such alliances, according to the Realist view, the states acted as large monolithic groups, yet a broader assessment of the available evidence shows the presence of smaller, subtler networks of individuals, which were paramount in articulating important foreign policy decisions. The comparison of Spartan decision making with the activation in 2009 of the EU’s Solidarity Clause, included in Article 222 of The Treaty on the Functioning of the European Union (TFEU), indicates that the activation of this clause too required the consensus of several European governing bodies. By bringing to light the critical role played by smaller networks of power in foreign policy decision making in the ancient and the current-day EU alliances, this article exposes both the merits and the limits of the Realist international relations theory.     

The Ideational Dimension of Federalism: The ‘Australian Model’ and the Politics of Equalisation in Canada

This article examines the ideational dimension of federalism and its consequences for the analysis of policy development. With this objective in mind, the article offers an explanation for Canada's rejection of the two main aspects of the ‘Australian model’ of equalisation: the assessment of expenditure needs and the existence of an arms-length commission to determine payments. As argued, the ideological prevalence of provincial autonomy in Canada explains why federal officials opted to reject the ‘Australian model’ as they prepared to establish the country's program and why subsequent reforms never introduced a needs-assessment dimension or created an arms-length agency to administer equalisation. At the theoretical level, this article shows how ideational factors can shape policy outcomes.     

Is Europe 2020 Set to Fail? The Cultural Political Economy of the EU Grand Strategies

The European Union (EU) has been continuously rethinking its global position amidst emerging economic and geopolitical challenges and attempting to formulate strategies to increase its competitiveness. However, its long-standing policy implementation deficit is also recognized for its grand strategies, including the initially ambitious Lisbon Strategy. Is Europe 2020 set to fail as well? In this paper, we are arguing that strategic steering is essentially a discursive practice influenced by both semiotic and extra-semiotic factors. Hence, success or failure of a strategy essentially depends on ability to steer the discourse. Niklas Luhmann's social systems theory offers a theoretical framework against which limitations and potentials of strategic steering at the EU level can be analysed. While high levels of rationality and reflection capacities can improve strategic steering, it is limited by the increasing complexity. Recognizing limitations of direct and centralized interventions, we look for analytical and strategic solutions in sophisticated mechanisms of contextual steering: variation, selection and retention of strategic discourses. These mechanisms are integral to the “cultural political economy” approach. In the final part of the paper, we show how cultural political economy can explain the implementation shortcomings of the EU strategies.     

The EU as a conflict manager? The case of Georgia and its implications

This article offers an analysis of the EU's engagement in Georgia as a standpoint from which to assess the EU's role as a conflict manager. The article begins with a brief narrative account of the development of EU—Georgia relations in the context of the country's two unresolved conflicts over Abkhazia and South Ossetia. It then proceeds to the analysis of two sets of factors—those within, and those external to, the EU—that are crucial for understanding the nature and impact of EU efforts to manage the two Georgian conflicts. On the basis of this case-study analysis, the authors offer a wider analysis of the EU's potential for assuming a wider role as an international security actor. This is undertaken by considering both the limitations of the EU's existing capabilities for conflict resolution and the new developments contained within the Lisbon Treaty. The final part of the article asserts that the EU has suffered from two key weaknesses that have prevented it from living up to its aspirations of becoming a globally significant and effective conflict manager. The first is structural—the lack of, to date, a permanent External Action Service; the second is conceptual—the lack of a coherent and comprehensive conflict management strategy. The article concludes with five substantive principles that should guide the EU's approach to conflict management.     

The Figure of Man and the Territorialisation of Justice in ‘Enlightenment’ Natural Law: Pufendorf and Vattel

Discussions of early modern philosophical anthropology in postcolonial studies often treat it as tied to Eurocentric conceptions of civilisational supremacism and to the ideologies of imperialism and colonialism served by these conceptions. In discussing the conceptions of man contained in two key early modern doctrines of the law of nature and nations – those of Samuel Pufendorf and Emer de Vattel – this paper casts a sceptical eye on the postcolonial accounts. The anthropologies deployed by Pufendorf and Vattel relate not to European imperialism and colonialism but to intra-European problems associated with the formation of territorial states and the bellicose relations between them.