CIAO DATE: 10/2014
Volume: 17, Issue: 4
October 2014
Table of Contents
Sovereignty at sea: the law and politics of saving lives in mare liberum
Tanja E Aalberts and Thomas Gammeltoft-Hansen
When ‘blurring' becomes the norm and secession is justified as the exception: revisiting EU and Russian discourses in the common neighbourhood
Eiki Berg and Martin Mölder
Foreign policy analysis, globalisation and non-state actors: state-centric after all?
Rainer Baumann and Frank A Stengel
Regional integration and the challenge of overlapping memberships on trade
Mwita Chacha
Practicality by judgement: transnational interpreters of local ownership in the Polish-Ukrainian border reform encounter
Xymena Kurowska
Sovereignty at sea: the law and politics of saving lives in mare liberum
Thomas Gammeltoft-Hansen, Tanja E Aalberts
This article analyses the interplay between politics and law in the recent attempts to strengthen the humanitarian commitment to saving lives in mare liberum. Despite a long-standing obligation to aid people in distress at sea, this so-called search and rescue regime has been marred by conflicts and political standoffs as states were faced with a growing number of capsising boat migrants potentially claiming international protection once on dry land. Attempts to provide a legal solution to these problems have resulted in a re-spatialisation of the high seas, extending the states' obligations in the international public domain based on geography rather than traditional functionalist principles that operated in the open seas. However, inadvertently, this further legalisation has equally enabled states to instrumentalise law to barter off and deconstruct responsibility by reference to traditional norms of sovereignty and maritime law. In other words, states may be able to reclaim sovereign power by becoming increasingly norm-savvy and successfully navigating the legal playing field provided by the very expansion of international law itself. Thus, rather than being simply a space of non-sovereignty per se, mare liberum becomes the venue for a complex game of sovereignty, law and politics.
When 'blurring' becomes the norm and secession is justified as the exception: revisiting EU and Russian discourses in the common neighbourhood
Eiki Berg, Martin Mölder
This paper takes a closer look at the discourses of the EU and Russia in relation to the ground-breaking events in Kosovo (1999/2008) and the South Caucasus (2008) while digging deep into the discursive practices and contextual aspects of these conflicts. We will argue that, on a more abstract level, the EU and Russia were applying the same logic of discourse - either professing humanitarian concerns, including ‘responsibility to protect', or emphasising ‘obligation to refrain' - across these similar instances of intervention and secession declared to be exceptions by both. Across these cases, both actors were not only blurring the common understanding of these terms and the rules of their application in practice, but also advancing implicitly such blurring as, in fact, a norm. However, when the principles in relation to secession are blurred, it is easy to follow the examples of both Russia as well as the EU, depicting specific instances of secession selectively as exceptions and legitimating one's essentially arbitrary behaviour vis-à-vis the professed international norms.
Foreign policy analysis, globalisation and non-state actors: state-centric after all?
Rainer Baumann, Frank A Stengel
This paper is concerned with Foreign Policy Analysis (FPA) and non-state actors (NSAs). Globalisation has brought NSAs back on the agenda of International Relations (IR). As a result of globalisation, we witness at least some shift of authority from the state to NSAs (the extent of which remains debated). Although most of the empirical studies focus on ‘domestic' issues, there are good reasons to assume that foreign policy is equally affected by this trend. Not only are NSAs autonomous actors in world politics, they are also increasingly involved in the making of states' foreign policies. In this article, we ask to what extent FPA, IR's actor-centric sub-field, has taken into account this growing importance of NSAs. Given FPA's criticism of seeing the state as a unitary actor, one would expect FPA scholars to be among the first within IR to analyse decision making involving NSAs. However, a closer look reveals that FPA remains focused mainly on state actors, while ignoring private, transnational and international ones. Thus, FPA remains in a way state-centric. We close with an outline of possible directions for further FPA research.
Regional integration and the challenge of overlapping memberships on trade
Mwita Chacha
Practicality by judgement: transnational interpreters of local ownership in the Polish-Ukrainian border reform encounter
Xymena Kurowska
Local ownership has become a central norm of international statebuilding while its practice is seen as failure. This is explained either as an instance of organised hypocrisy where the norm is de facto circumvented or, in a critical vein, as a hegemonic projection of the neoliberal system of governance which by default erases local agency. Practitioners of statebuilding are seen as agents of moulding; social engineers in the policy discourse or conduits of the discursive structure from which they derive their ‘professional reflex' and authority in the critical discourse. This article suggests that both designations misdiagnose the problem of action as being ‘caused' by either norm transfer, or by norms being ‘ingrained' in professional practices. It adopts a micro-perspective on the practice of embedded experts in a series of EU-sponsored projects to offer a contextual account of an on-the-ground interaction. The encounter between Polish and Ukrainian border guards highlights differential power relations and demonstrates the rich texture of the semantic field of ‘local ownership'. The case nuances arguments about tacit institutional reproduction in transnational settings and the automaticity of norm diffusion among security professionals to illustrate instead a contingent role of ‘practicality by judgement' in their action.