This is not merely a theoretical problem, as Fernandes relates it to the very current crisis of nativist/multicultural identity in the West.

Globalization processes are propelling a transformation of governance. As political problems become more transnational, public as well as private actors increasingly perform governance activities beyond the level of individual states. This book examines the wide variety of forms that governance can take in the global system and their consequences. An overarching analytical framework is applied to global institutions and initiatives in areas such as trade liberalization, financial market regulation, privacy protection, cybercrime, and food safety.

Current International Criminal Law (ICL) suffers from at least four fairly serious theoretical shortcomings. First, as a starting point, the concept and meaning of ICL in its different variations must be clarified (‘the concept and meaning issue’). Second, the question of whether and how punitive power can exist at the supranational level without a sovereign (‘the ius puniendi issue’) must be answered in a satisfactory manner. Third, the overall function or purpose of ICL as opposed to national criminal law (‘the (...) overall function issue’) must be more convincingly explained. Fourth, the purposes of punishment in ICL, as opposed to the traditional purposes discussed in national criminal law, must be elaborated (‘the purposes of punishment issue’). There is a partly vertical and partly horizontal relationship between these issues. It is, for example, of course impossible to reflect upon ius puniendi, overall function and purposes of punishment without having clarified the concept of ICL in the first place. Also, a treatment of overall function and purposes of punishment seems to be predicated on the justification of the ius puniendi. Indeed, the lack of a satisfactory answer to the ius puniendi issue is maybe the most important theoretical weakness of current ICL. This article therefore aims to demonstrate that a supranational ius puniendi can be inferred from a combination of the incipient supranationality of the world order (understood normatively as an order of values) and the concept of a world society composed of world citizens whose law—the ‘world citizen law’ (‘Weltbürgerrecht’)—is derived from universal, indivisible and interculturally recognized human rights predicated upon a Kantian concept of human dignity. The incipient world order and the world society are represented by the international community (to be understood as a community of values) which becomes the holder of the ius puniendi. (shrink)

ExcerptThe field of supranational democracy, which this paper addresses, is usually characterized by grand institutional designs and utopian projects. My aim here is, however, admittedly modest. I would like to examine one specific strategy deployed by a number of political theorists writing in this field. These authors come from very different backgrounds—they range from Pierre Manent and John Pocock to Larry Siedentop and Jean Cohen—yet they all share one important idea: in response to models for global governance that seek to (...) relocate sovereignty to a supranational level or to disperse sovereignty vertically over different levels (e.g., global federalism, deliberative supranationalism,…. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Scale of the Nation in a Shrinking WorldJoan Ramon Resina (bio)The 1990s saw the rise of political issues that, although by no means new, generated a great deal of discourse based on a semantic rupture with the past. The need to inscribe political analysis with a feeling of historical acceleration was nowhere as patent as in George W. Bush's New World Order. Although the "New World Order" quickly (...) gave way to the euphemism "globalization," it soon became obvious that political agendas would change considerably as would the terms of engagement with realities that had once seemed straightforward and now appeared riddled with theoretical problems.Nationalism was salient among those realities. Although it had driven decolonization in the fifties and sixties and throughout the Vietnam era, it seemed to flare up roughly at the time when Bush pronounced the bipolar order dead. As the political map was being redrawn after the breakdown of the Soviet empire, other foci of political struggle caught the world's attention. National struggles in other regions were interpreted as collateral of that breakdown rather than long-standing symptoms of similar tensions at different scales. Once more, the European continent was caught in the incongruity of its historical processes. While Western Europe was cautiously advancing toward economic and political integration, Eastern Europe found itself returning from a "posthistorical" experiment in supranationalism to the "historical" horizon of polities being reconfigured according to such social tangibles as a common language and religion, a traditional relation to place, and shared identifying memories.Until the 1990s the West smugly believed that it had consolidated state borders around seemingly homogeneous societies. Cultural integration was flaky in spots (Northern Ireland, the Basque Country, Corsica); those resistances, however, were looked on mostly as archaic irrelevances bound to disappear. But as nationalism began to haunt the cozy dream of a posthistorical balance of power, nonchalance gave way to a glut of intellectual exorcisms meant to conjure the evil that had caught at Europe's edges. In this new context, the Balkans represented for Europe, in Žižek's words, "the peculiar status of a ghost that haunts it." If the Balkans "are always somewhere else, a little bit more toward the southeast" [3], in the 1990s the danger of Balkanization seemed ubiquitous. At the time, a true Balkan hysteria rang out in the most self-satisfied European nations. In France and Spain, long-standing conflicts between center and periphery were recast in terms of the horror seen on CNN. Europe spatialized its fears, turning geographic distance into a metaphor for the racism directed against its internal others.Europe's internal others did not consist only of immigrants from non-EU countries, for whom liberals always had a soft spot, but also of those peoples and territorial units capable and culpable of tearing admirable nations apart. It was in those territorial units, which had been incorporated but not assimilated in the course of nation-state building, that nationalism was "raising its ugly head." It was here that "'reflexive' Politically Correct racism" (Žižek) applied the Balkans metaphor, projecting every conceivable horror into the intentions of unsuspecting citizens. As Žižek observed at the time, "[t]he [End Page 46] Balkans constitute a place of exception with regard to which the tolerant multiculturalist is allowed to act out his/her repressed racism" [6]. This perverse acting out was all the more acceptable, inasmuch as the peoples subjected to the logic of displaced racism were after all white and developed, and thus free game for the tolerant multiculturalist, who could always bring forward less-developed regions as potential victims of the centrifugal region's egotism. When the Balkans war broke out in May of 1991, the first Western European reactions were predominantly pro-Serbian. Never mind that Slovenia and Croatia were pro-Western and democratic. Western intelligentsias accused them of pettiness and lack of solidarity and began to restrain their large-state bias only when Serbian annexationists directed their all-out war against Bosnian Muslims, who, although white and no less developed than their attackers, were, by virtue of their religion, a patent instance of otherness. Overnight politically correct racism swung from tolerance for... (shrink)

European states, including Belgium, have looked at the construction of Europe through an economie and a political prism. Both dimensions have evolved following parallel paths. In Belgium a large consensus has always existed concerning the economie dimension of the European construction. In this respect Belgiums post-1945 European policies area direct continuation of the interwar efforts to build a West-European economic area, based on a free trade philosophy and a rejection of economic nationalism which always handicapped small trading states such as (...) Belgium. Even before the second world war the Belgian elite thus accepted the principles of economic multilateralism.In the political dimension however a consensus on a federal Europe only emerged at the end of the seventies. Till then, important parts of the Belgian political elite remained sceptical and even hostile to the construction of a supranational Europe, based on a traditional view on political autonomy and independence. The reasons why Belgian views on the political dimension of Europe slowly shifted to a federal objective were partly domestic and partly the result of the growing awareness that a small countries' political interests in the world can be best pursued through supranationality. (shrink)

Constitutional patriotism has been criticized for providing too thin an identity as the ground for common citizenship. Answering this criticism, Habermas recently stressed the role of affective attachments in creating constitutional patriotic bonds. Still, an account of the type of imagination that could foster such post-national affective attachments is lacking. Drawing on Herder's conception of political culture, I argue that constitutional patriotism requires a modern form of mythology. This would include narratives that shape people's imaginative capacity to see their own (...) culture as a vulnerable and fallible part of a plural mankind and as a free and equal contributor to the global advancement toward humanity. In contrast to ideological mythology, an enlightened use of myth would engage the interactive and communicative potential of poetic images in ways that shape a common feeling of humanity. In short, Habermas’ constitutional patriotism requires supplementing the power of law to create bonds between people. This can be done through the cultivation of imaginative engagements with foreign others. Such imaginative engagements would shape good dispositions that are conducive to tolerance, peace and justice. This addition also allows Habermas’ argument for constitutional patriotism to better answer the communitarian accusation of supranationalism. (shrink)

Constitutional patriotism has been criticized for providing too thin an identity as the ground for common citizenship. Answering this criticism, Habermas recently stressed the role of affective attachments in creating constitutional patriotic bonds. Still, an account of the type of imagination that could foster such post-national affective attachments is lacking. Drawing on Herder's conception of political culture, I argue that constitutional patriotism requires a modern form of mythology. This would include narratives that shape people's imaginative capacity to see their own (...) culture as a vulnerable and fallible part of a plural mankind and as a free and equal contributor to the global advancement toward humanity. In contrast to ideological mythology, an enlightened use of myth would engage the interactive and communicative potential of poetic images in ways that shape a common feeling of humanity. In short, Habermas’ constitutional patriotism requires supplementing the power of law to create bonds between people. This can be done through the cultivation of imaginative engagements with foreign others. Such imaginative engagements would shape good dispositions that are conducive to tolerance, peace and justice. This addition also allows Habermas’ argument for constitutional patriotism to better answer the communitarian accusation of supranationalism. (shrink)

Democracy may well be the primary virtue of political systems. Yet European politics is marked by a democracy deficit that will not disappear spontaneously. While legal and political theory on this issue is dominated by supporters of civic institutionalism and constitutional republicanism, liberal nationalists seem to be split. They justify the civic nationhood of member states, but they shrink away from the idea of a European people. This essay claims that a quasi-national conception of European identity can be conducive to (...) the rise of a democratic political union of Europe. It discusses the mechanisms and rules for Europeanization of the sense of equal dignity and solidarity. This approach to supranational identity is explicitly instrumental and orientated towards the long run. However, the main liberal objections against it can be countered. (shrink)

The economic and debt crisis threaten many eurozone countries and the very existence of the common currency, the euro. The crisis has meant that some special mechanisms have had to be created (EFSF, ESM) and the introduction of special procedures in heavily indebted countries. The deepening of the crisis and the economic recession in the euro area have resulted in the growth of nationalism and anti-European sentiments in EU member states. Resolving the crisis, however, requires further convergence of the eurozone (...) countries, the formation of a fiscal union and a banking union. At the same time, the crisis has shown that the grand theories of European integration, neo-functionalism and liberal intergovernmentalism, have failed to provide answers to the questions raised by the crisis, and this has led to the growing importance of social constructivism. (shrink)

Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world order and (...) the world citizens’ fundamental human rights predicated upon a Kantian concept of human dignity. On this basis, it is now possible to examine the overall function of ICL. Given the fact that ICL has not yet achieved the status of an autonomous discipline, the inquiry must start with a discussion of national theories of criminalisation. The article focuses on the two most important theories of criminalisation, namely the theories of protection of Rechtsgüter and the prevention of harm. Next, it examines whether and how these national theories can be transferred to ICL. (shrink)