Ordoliberalism is often recognized as a powerful ideational source during the Euro crisis; however, there is no pure ordoliberal vision of European integration, and ordoliberal ideas have been used to support both Eurosceptical and Europeanist positions during the crisis. This article reconstructs the ordoliberal theoretical and political debate on European integration and argues that there exist two ordoliberal paradigms of European integration: one bottom-up, whereby the commitment to liberal economic policies at the national level is the precondition for a liberal (...) international order; the other top-down, whereby a liberal international order can help the establishment of a liberal order at the national level. The article compares two ordoliberal visions of the international order: Wilhelm Röpke’s ‘liberalism from below’ (which follows the bottom-up logic) and Viktor Vanberg’s ‘competitive federalism’ (which follows the top-down logic). Then, it explores the ordoliberal political debate on two episodes of the European integration process – the Maastricht Treaty and the Euro crisis – to argue that the bottom-up and the top-down logics underpinned, respectively, Eurosceptical and Europeanist arguments. (shrink)

This chapter examines the progressive nature of liberalization of the free movement of capital supported by reference to the relevant treaty provisions, secondary legislation, and case law of the Court of Justice of the European Union (CJEU). The free movement of capital is closely associated with the single currency of the European Union, the euro; consequently, the chapter will also briefly examine the current reform measures introduced for its effective management. The rules on the free movement of capital were (...) set out in Articles 67 to 73 European Economic Community (EEC) with the aim of facilitating the liberalization of the capital movements between the member states. The change of the legal foundation of the free movement of capital after the Maastricht Treaty has created some degree of uncertainty over the legal status of Capital Directive 88/361/EEC as it owes its existence to the repealed Article 67 EEC. (shrink)

The main purpose of the study is to analyze the feasibility and necessity of an EU Constitution. Briefly, the history of the draft constitution is as follows: The draft treaty aims to codify the two main treaties of the European Union - the Treaty of Rome of 1957 and the Treaty of Maastricht of 1992, as amended by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001). The debate on the future of (...) Europe is believed to have begun with a speech by German Foreign Minister Joschka Fischer in Berlin in 2000. The process began after the Laeken Declaration, when the European Convention was set up, chaired by former French President Valerie Giscard d'Estaing, with the aim of drafting a constitution. The draft contract was published in July 2003. After lengthy discussions and debates over the proposal for qualified majority voting, the final text was approved in June 2004 and signed by representatives of the Member States on 29 October 2004. The failure of the treaty in France and the Netherlands is a serious blow to the European Union because these two countries are considered to be loyal supporters of the European project. The text of the treaty was subsequently rewritten by the Amato Group, officially the Active Committee on European Democracy (ACED), a group of high-ranking European politicians. During the German presidency of the Union, a new treaty was proposed - the Treaty of Lisbon - to replace the original draft of the Constitution. On 12 June 2008, the Lisbon Treaty was also rejected in a referendum in Ireland. But if we want to look beyond history, we can ask - Why does the EU need a Constitution and how can the Constitution be the roadmap to an advanced future for the EU? The answers to this question can be found by analyzing several directions (these are the main points of the article): historical reflexivity; socio-cultural analysis of the philosophical concepts of well-known political and social philosophers such as Immanuel Kant, John Locke; the modern constellation through the prism of Jürgen Habermas and the decision to make a text as a Constitution which its aim is to reach the starting point of an entire community like the EU. Keywords: constitution, EU, philosophy, law, John Locke, Immanuel Kant, Jurgen Habermas. (shrink)

This chapter first outlines the general evolution of the European Union's (EU) decision‐making regime. The pattern of EU decision making has traditionally varied across policy fields to a degree that is unknown in the national constitutional law of its member states, where laws and administrative rules are usually made according to fairly standard procedures covering all policy areas. Such policy‐related variation has been a constant feature throughout the history of European integration. The chapter then examines EU legislative decision making, and (...) reviews administrative rule making by the EU institutions. The chapter then describes other relevant forms of decision making in the European Union. Finally, it shows how successive revisions of the European treaties such as Single European Act, Treaty of Maastricht, Treaty of Amsterdam, Treaty of Nice, and Treaty of Lisbon have incrementally modified the decision‐making regime of the European Union. (shrink)

Business Ethics is intended for business practitioners and students of business at all levels and is written in a lively and accessible style. It redresses the balance of buisness ethics writing which, up to now, has been weighted heavily in favour of American cases. There are numerous references to real businesses - from multi-national chains to French restaurants, from manufacturing giants to driving schools. Ethically 'hot' topics such as the social chapter of the Maastricht Treaty, the new EC (...) directives, entry of the countries of the former Soviet Union into the world market economy, privatization and the 'green' environment are just some of the more general issues discussed. Companies covered in the book are: Allied Lyons, Apple Corporation, Avon, Bank of Credit and Commerce International, Barlow Clowes, Benetton, Body Shop, British Airways, British Rail, Cadbury-Schweppes, Ecology Building Society, Fiat, Gateway Foodmarkets, Grand Metropolitan, Guinness, ICI, John Lewis, Kingfisher, Ladbrokes, Lloyds Bank, Management Week, Marks & Spencer, Mirror Group Newspapers, Nestle, Polly Peck, Price Waterhouse, Scott Bader, Securicor, Traidcraft, United Biscuits, Virgin, Worldwide Fund for Nature...and many more. Packed with excellent examples from many international companies Written in a lively and accessible style. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even 'double binds'. Deepening the community becomes incompatible with widening membership. National states seem both necessary for and obstructive in articulating transnational problems. The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy on a European scale (...) evades understanding. European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

An examples-driven treatment of introductory economic dynamics for students with a basic familiarity with spreadsheets. Shone approaches the subject with the belief that true understanding of a subject can only be achieved by students themselves setting out a problem and manipulating it experimentally. Although all economics students now have access to spreadsheets, they are often used for little more than graphing economic data. This book encourages students to go several stages further and set up and investigate simple dynamic models. The (...) book presents the essentials of macro and micro economic dynamics, including: demand and supply dynamics, Keynesian dynamics, IS-LM, Inflation-unemployment, dynamics of the firm, rational expectations and saddle points, fiscal dynamics and the Maastricht Treaty and Chaos theory. The book contains 50 exercises. The support website contains an additional 100 questions for students and 100 for lecturers: www.cambridge.org/resources/economics. (shrink)

After unsuccessful attempts to form Liberal-Socialist and tripartite cabinets, another center-left cabinet was made. It was the first cabinet headed by Flemish Christian-Democratjean-Luc Dehaene. Not commanding a two-thirds majority in Parliament, the constitutional reform agenda was referred to a community-to-community dialogue which resulted in an overall constitutional reform agreement concluded in the fall.Not much action was taken on the budget deficit, and the cabinet's reliance on new taxes led to tension inside the coalition, with the CVP insisting on additional spending (...) cuts. Labor and management reached agreement on a 1993-94 national inter-industry accord for the private sector.The cabinet decided to abolish conscription, and the armed farces were involved in UN-sponsored peacekeeping missions in ex-Yugoslavia and Somalia.In Parliament, there was a large majority in favor of the Maastricht Treaty. (shrink)

Citizenship issues are in the vanguard of the democratization process of the European Union. As a result, much academic debate has centred on the significance, worth, and potential of the status of European Union citizen bestowed on all member state nationals by the Maastricht Treaty. This article traces the growing debate on ‘European’ citizenship in the form of a literature review. It places the debate in the context of the EU's own evolution and argues that citizenship, whether broadly (...) or narrowly conceived, is currently in a frozen condition, since it was one of the major issues whose discussion was postponed by the member governments at the Amsterdam summit of 1997. Nonetheless, the creation of the status of EU citizen has unleashed expectations of greater inclusivity in decision making which the EU cannot afford to ignore if the democratization process is to continue. The likely result is an experiment in post‐national citizenship based on a multilevel Europolity and the separation of ethnic and political memberships. (shrink)

The Twelve Member States agreed in December 1991 in Maastricht on an EconomicMonetary Union, including a single currency and an autonomous European central bank by the turn of the century, and on "an ever closer union among the peoples of Europe". The structure of the European Political Union resembles a temple with three pillars : more powers for the European Parliament on a wider ranger of policy issues, a separate framework for a common foreign and security policy, and intergovernmental (...) cooperation on justice and internal aff airs. The new Treaty wilt replace the Treaty of Rome only after ratification in all twelve member states. White EMU and EPU dominated the public agenda, the internal market programme was drawing to a close with nearly all White paper measures adopted. Emphasis shifted to implementation problems. The prolonged conflict between Commission, Parliament and Council on the 1992 budget gave a taste of increasing tensions on budgetary issues, especially between "northern" and "southern" interests. That divide wilt deepen with or without ratification of the Maastricht Treaty. The budgetary battle of 1991 was partly on external relations. The external activities of the EC were all but successful in 1991: disparate conduct in the Gulf War, failure to contain conflict in Yugoslavia, near-collapse of negotiations with the EFTA countries, deadlock in Gatt-talks and the threat of a trade war between the three trade blocks. Ibe European Common Agricultural Policy remained a major stumblingblock in the Gatt-talks. The Commission proposed a radical reform package for CAP, fiercely opposed by France until the end of the year. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even ‘double binds’. (i) Deepening the community becomes incompatible with widening membership. (ii) National states seem both necessary for and obstructive in articulating transnational problems. (iii) The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy on (...) a European scale evades understanding. (iv) European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. (v) Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

It has always been the fate of centrally important concepts in public debate to be used promiscuously. ‘Democracy’, for instance, has long been assigned multiple contested meanings; its meaning is univocal only in the minds of passionate advocates of a single political project seeking to monopolize usage of the term, whether Liberals or Leninists. Theorists tend to worry about this conceptual promiscuity more than practitioners, who, firing off loaded concepts in the heat of political battle, are impatient of reminders that, (...) perhaps, this or that concept is not being consistently used as originally intended. “No matter,” says the busy practitioner, “it is doing the job I currently intend.” This reply is often justified: scholarly intrusions into public debate are sometimes appropriately dubbed ‘academic’ . However, when rhetorical skirmishes cease and a concept gets to be embedded in public policy or legislation, clarity is indispensable.This, of course, summarizes the recent career of the concept of ‘subsidiarity’, which has been nominated as possibly ‘the most contentious abstract noun to have entered European politics since 1789’ . Advocates of both centralization and decentralization currently invoke it with the same firmness of conviction. Its inclusion in the Maastricht Treaty, far from having generated clear guidelines on how to determine the proper balance between European and national competences, has only served to highlight the competing interpretations which it can, apparently, bear. ‘Subsidiarity’ is suffering from a ‘clarity deficit’ which needs remedying. My aim in what follows is to contribute to that process of clarification and to suggest ways in which the concept might be critically developed.First, I attempt to retrieve the original meaning of subsidiarity and exhibit its intrinsic relationships to related concepts of community and the common good. I seek to show that subsidiarity is only one aspect of a broader theory, rooted in Catholic social thought, of the proper relationship between persons and communities. Subsidiarity takes its meaning from an elaborate social theory which is personalist, pluralist and communitarian. Charges of vacuity against subsidiarity are only to be expected when the concept is treated in isolation from this background theory. Second, I identify and attempt to remedy certain deficiencies of the concept by critically elaborating what I take to be its central intent. In a brief conclusion, I indicate the need to bring the concept into dialogue with alternative models of the person-community relationship. (shrink)

After the disappointments of 1992, however a year that engendered a lot of expectations, it was not difficult for the European Union to perform better in 1993. But even then, the European Union has not been spared from serious difficulties. The economic recession raged through the old continent as never before and the stability and the survival of the ERM came under severe pressure. Only the last three months seemed to provide the first indications of a slow recovery. The (...) class='Hi'>Maastricht Treaty came finally into force, monetary stability came back and the first signs of the end of the recession showed-up. In the light of the serious political and institutional burdens of the enlargement of1995, one can only hope that this recovery will continue further. (shrink)

This chapter presents an analysis of complex constitutional framework, examining institutional developments brought about by the Maastricht and Amsterdam Treaties and by focusing in particular on the major institutional changes brought about by the entry into force of the Lisbon Treaty. It illustrates how European integration in criminal matters has been organized over time. The chapter examines the extent of European Union (EU) competence to harmonize national legislation in the field of substantive criminal law and European integration in (...) criminal matters via the application of the principle of mutual recognition to criminal law and justice. It then explores harmonization of criminal procedure in order to facilitate the operation of mutual recognition and European integration via delegation, by an examination of the powers and interrelationship between various EU bodies and agencies in the field of criminal justice. The chapter describes the external dimension of EU action in criminal matters. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

Besides “personalism“, and “solidarity“, the “principle of subsidiarity” is the third layer of Christian Social Philosophy. It requires that in a good society political competences should be allocated at the lowest possible level if possible. What the single citizens can achieve should not be taken away from them by higher ranking political authorities. The same rule has to be applied inside a political community among the various levels of the government. In other words, the principle favors Federalism as the organizing (...) structure of the social order.The most important political document in which the principle of subsidiarity plays an important role is the EU-Treaty of Maastricht. Here, however, the principle is misunderstood as a pure procedural process to settle conflicts between the European Commission and the Member States in areas of shared competences. Instead it should be a means to revise the whole existing legal structure of the European Union.Subsidiarity is a constitutional norm. Here, every person in a free society must be respected by the political authorities. This implies that in a civil society political power must be limited, decentralised, and controlled by the citizens.À côté du “personalisme” et de la “solidarité”, le “principe de subsidiarité” est le troisième volet de la philosophie sociale chrétienne. Il requiert que dans une bonne société les compétences politiques soient allouées au niveau le plus inférieur possible. Ce que les simples citoyens peuvent accomplir ne doit pas être réalisé par les autorités politiques d’un rang supérieur. La même règle doit être appliquée à l’intérieur d’une communauté politique aux différents niveaux du gouvernement. En d’autres termes, le principe favorise le fédéralisme en tant que structure d’organisation de l’ordre social.Le document politique le plus important dans lequel le principe de subsidiarité joue un rôle important est le traité Européen de Maastricht. Dans ce cas précis, cependant, le principe est mal compris, car réduit à un simple processus purement procédural pour régler les conflits entre la Commission Européenne et les Etats Membres dans le domaine des compétences partagées. Au contraire il devrait être un moyen de réviser l’ensemble de la structure juridique de l’Union Européenne.La subsidiarité est une norme constitutionnelle. Ici, chaque personne dans une société libre doit être respectée par les autorités politiques. Cela implique que dans une société civile le pouvoir politique doit être limité, décentralisé, et contrôlé par les citoyens. (shrink)

Besides the economical criteria of convergence, which have been precisely laid down in the EC-treaties, especially in the treaties of Maastricht, the integration of labour markets is an explicit aim of the European Union. Considering that approx. 19 million employees within the EC are not gainfully employed, a common and well-aimed labour market policy seems to be one of the major responsibilities of European economical and social policy. The instruments of job creation and preservation in Germany are being compared (...) with the aims of the EC-comission, also experiences of other countries are being involved. The Christian Churches in Europe are committed to get involved in tackling unemployment and its human-destructing effects. The Social Chamber of the EKD has made continuous proposals. At present, it is working on continuing its previous memorandums on unemployment. With this, also the memorandum ))Responsibility for a Social Europe« is being continued and put into concrete terms. (shrink)

Besides the economical criteria of convergence, which have been precisely laid down in the EC-treaties, especially in the treaties of Maastricht, the integration of labour markets is an explicit aim of the European Union. Considering that approx. 19 million employees within the EC are not gainfully employed, a common and well-aimed labour market policy seems to be one of the major responsibilities of European economical and social policy. The instruments of job creation and preservation in Germany are being compared (...) with the aims of the EC-comission, also experiences of other countries are being involved. The Christian Churches in Europe are committed to get involved in tackling unemployment and its human-destructing effects. The Social Chamber of the EKD has made continuous proposals. At present, it is working on continuing its previous memorandums on unemployment. With this, also the memorandum ))Responsibility for a Social Europe« is being continued and put into concrete terms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...) of nation-state governance evolves and the acceleration of citizen mobility hastens interdependence, pressures for new definitions and paradigms of citizenship build. As Joseph Weiler argues, this pressure produces cognitive dissonance because "the traditional, classical vocabulary of citizenship is the vocabulary of the State, the Nation and Peoplehood" (qtd. in La Torre 1998, 1).1 The classical association of citizenship with nationality blocks our ability to grasp new, nonstatist conceptions of citizenship, even as postnational political visions take shape in institutions like the European Union (EU).2 In 1992, EU citizenship was established in the Treaty of Maastricht, which granted some additional rights to citizens of the member states in the same way that single nation-states grant their inhabitants special status as nationals, rights that are not nullified when citizens leave their home country to live and work in other member states.3 [End Page 26]The relationship between nationality and citizenship in the EU context is complicated by the fact that although Maastricht guidelines set postnational membership criteria for EU citizens, they also limit the scope of EU citizenship. In trying to reach beyond the nation while anchoring its very essence to the nation, EU citizenship remains limited as it relies on the traditional language of national membership to found its postnational concept of equality and inclusion for noncitizens. The contradictory elements of EU citizenship are exemplified in its current definition, which includes all member states' citizens and excludes millions who are living in Europe as third-country nationals (TCNs), defined as "any person who is not a citizen of one of the member states" of the EU but permanently and legally resides in one.4 The current debate over the status of legal, long-term TCNs challenges the relationship between citizenship and nationality, as advocates from EU institutions, national governments, nongovernmental organizations and academia argue that TCNs should be granted EU citizenship rather than be naturalized in the member states and push for a new, postnational mode of citizenship based on residency. Advocates for the inclusion of TCNs as EU citizens have to work with the limited vocabulary of national citizenship yet articulate a case for a new kind of citizenship divorced from nationality. They suggest that the EU should be viewed as a deliberative community, in which all long-term residents like TCNs are given an equal opportunity to practice citizenship. The deliberative community rationale is based on an idea of citizenship as performance with residents enacting citizenship by living together and deliberating with each other about common interests and concerns.5This reordering of the concept of community arising out of political practice calls for a full philosophical and rhetorical reimagining of the meaning of citizenship. The act of reimagining citizenship creates a new practice of citizenship and grounds citizenship in a philosophical context as well as a practical one. There is no better philosophical and rhetorical tradition to turn to for this purpose than that of Giambattista Vico. Vico, and to a larger extent the entire tradition of Italian humanism, has been overlooked in modern Western philosophy. Yet Vico embodies a seamless marriage of philosophy and rhetoric. Vico's philosophically grounded rhetoric provides the means in an investigation of EU citizenship as an innovative rhetorical practice beyond nationality, for understanding how new practices become persuasive through imaginative language, until citizens separate citizenship from nationality and accept residence and deliberative practices as legitimate criteria for citizenship. Vico argues that "every study method [End Page 27] may be said to be made up of three things: instruments, complementary aids, and aim envisaged" and notes that "the instruments presuppose and include a systematic, orderly manner of proceeding" (1990, 6). This essay proceeds in this fashion to reveal how a new vocabulary of citizenship... (shrink)

Most language learners have difficulties acquiring the phonemes of a second language (L2). Unfortunately, they are often judged on their L2 pronunciation, and segmental inaccuracies contribute to miscommunication. Therefore, we aim to determine how to facilitate phoneme acquisition. Given the close relationship between speech and co-speech gesture, previous work unsurprisingly reports that gestures can benefit language acquisition, e.g., in (L2) word learning. However, gesture studies on L2 phoneme acquisition present contradictory results, implying that both specific properties of gestures and phonemes (...) used in training, and their combination, may be relevant. We investigated the effect of phoneme and gesture complexity on L2 phoneme acquisition. In a production study, Dutch natives received instruction on the pronunciation of two Spanish phonemes, /u/ and /θ/. Both are typically difficult to produce for Dutch natives because their orthographic representation differs between both languages. Moreover, /θ/ is considered more complex than /u/, since the Dutch phoneme inventory contains /u/ but not /θ/. The instruction participants received contained Spanish examples presented either via audio-only, audio-visually without gesture, audio-visually with a simple, pointing gesture, or audio-visually with a more complex, iconic gesture representing the relevant speech articulator(s). Preceding and following training, participants read aloud Spanish sentences containing the target phonemes. In a perception study, Spanish natives rated the target words from the production study on accentedness and comprehensibility. Our results show that combining gesture and speech in L2 phoneme training can lead to significant improvement in L2 phoneme production, but both gesture and phoneme complexity affect successful learning: Significant learning only occurred for the less complex phoneme /u/ after seeing the more complex iconic gesture, whereas for the more complex phoneme /θ/, seeing the more complex gesture actually hindered acquisition. The perception results confirm the production findings and show that items containing /θ/ produced after receiving training with a less complex pointing gesture are considered less foreign-accented and more easily comprehensible as compared to the same items after audio-only training. This shows that gesture can facilitate task performance in L2 phonology acquisition, yet complexity affects whether certain gestures work better for certain phonemes than others. (shrink)

This book is a selection of papers from a conference which took place at the University of Keele in July 1982. The conference was an extraordinarily enjoyable one, and we would like to take this opportunity of thanking all participants for helping to make it so. The conference was intended to allow scholars working on different aspects of symbolic behaviour to compare findings, to look for common ground, and to identify differences between the various areas. We hope that it was (...) successful in these aims: the assiduous reader may judge for himself. Several themes emerged during the course of the conference. Some of these were: 1. There is a distinction to be made between those symbol systems which attempt, more or less directly, to represent a state of affairs in the world (e. g. language, drawing, map and navigational skill) and those in which the representational function is complemented, if not overshadowed, by properties of the symbol system itself, and the systematic inter-relations that symbols can have to one another (e. g. music, mathematics). The distinction is not absolute, for the nature of all symbolic skills is, in part, a function of the structure of the symbolic system employed. Nonetheless, this distinction helps us to understand some common acquisition difficulties, such as that experienced in mathematics, where mental manipulation of symbols can go awry if a child assumes too close a correspondence between mathematical symbols and the world they represent. 2. (shrink)

Researchers, when engaging with Māori communities, are in a process of relationship building and this process can be guided by the principles of the Treaty of Waitangi, partnership, participation and protection. The main concerns for many indigenous peoples in research revolve around respect for their indigenous rights, control over research processes and reciprocity within research relationships to ensure that equitable benefits are realised within indigenous groups. Māori have identified similar issues and these concerns can be aligned with the principles (...) of the Treaty of Waitangi. The relevance of the Treaty of Waitangi to research ethics is discussed and this paper suggests a revised interpretation of the treaty principles to incorporate the range of ethical issues that Māori have expressed as important. (shrink)

Treaty Norms and Climate Change MitigationDarrel MoellendorfCurrently the international community is discussing the regulatory framework to replace the Kyoto Protocol after 2012. The unveiling of the new framework is scheduled to occur at the December 2009 COP in Copenhagen. The stakes are high, since any treaty will affect the development prospects of per capita poor countries and will determine the climate change–related costs borne by poor people for centuries to come. Failure to arrive at an agreement would have (...) grave effects on the development prospects of poor countries, many of which will experience the most severe effects of climate change. The original UNFCCC treaty recognizes these kinds of concerns and requires that further treaty negotiation pay them heed. Any agreement will be required to conform to UNFCCC norms related to sustainable development and the equitable distribution of responsibilities. In this paper I argue that UNFCCC norms tightly constrain the range of acceptable agreements for the distribution of burdens to mitigate climate change. I conclude that any legitimate treaty must put much heavier mitigation burdens on industrialized developed countries. Of the various proposals that have received international attention, two in particular stand out as possibly satisfying UNFCCC norms regarding the distribution of responsibilities. (shrink)

new treatie on human understanding, pursuing Spinoza and Locke.

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject (...) genetically modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads (...) to two expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

In the ancient Roman world, as in modern times, treaties were usually made between sovereign states. Indeed, prior to the Social War, the foedus was a significant element in relations between Rome and the non-Latin allies . However, the Romans also had treaties with Italian communities integrated to various degrees with their own state. These communities included both the Latin allies and cities possessing full or partial Roman citizenship.

B a c k g r o u nd. The article critically examines the concept of peace in the context of the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance. This study delves into the historical, diplomatic, and philosophical dimensions of the Treaty between the Soviet Union and the People's Republic of China in the mid-twentieth century. M e t h o d s. The study is based on a systematic analysis of the original documents of the Sino-Soviet (...) Treaty and other primary sources that record the context and content of the agreement. The article uses a comprehensive analysis of primary sources, diplomatic correspondence, political discourse, and philosophical narrative to illuminate various interpretations and implementations of the treaty's peace provisions. Analyzing the philosophical basis of the agreement, it is taken into account how the ideas and concepts of friendship, union and mutual assistance were interpreted in the philosophical context of both countries. The article uses methods of comparative analysis to establish common and distinctive features between the ideology of the Sino-Soviet Treaty. Re s u l t s. The study provides valuable information about the geopolitical dynamics of the 20th century, shedding light on how the two major communist powers managed their diplomatic relations. By examining the ideological underpinnings and practical implications of the Treaty's peace-oriented provisions, the article contributes to understanding the broader landscape of international relations in this dynamic period. C o n c l u s i o n s. The study provides important information about the geopolitical dynamics of the 20th century, revealing how the two leading communist states managed their diplomatic relations. The article also considers the prospects for the development of dynamics between the Soviet Union and the People's Republic of China, examining the difficulties and problems that arose in maintaining peaceful relations between powerful states with common political ideologies based on the principles of Marxism. Analyzing the ideological foundation and practical consequences of the peacekeeping principles in the treaty, the article contributes to a better understanding of the broad context of international relations and philosophical narrative. (shrink)

In this article I want to consider whether the authority of the United States to enter into treaties in a global environment is limited by constitutional constraints. The issue arises because a reasonable interpretation of the language of Article VI would place the treaty power on the same status-footing as the Constitution of the United States. But if that is the case, then presumably a treaty might be designed that could delegate constitutional powers to bodies like the United (...) Nations, the North Atlantic Treaty Organization (“NATO”), the International Monetary Fund, the World Trade Organization (“WTO”), or other international organizations. Or, a treaty might be designed to reserve particular constitutional rights – like the Sixth Amendment right to trial by jury in criminal cases – from operating within certain contexts as might concern areas over which the United States exercises territorial jurisdiction, for example, Guam, Puerto Rico, and in other contexts where only international agreements apply. (shrink)

Rome and Carthage had established peaceful diplomatic relations before 300 b.c. — as early as the close of the sixth century according to Polybius, whose dating there no longer seems good cause to doubt. A second treaty was struck probably in 348. Both dealt essentially with traders' and travellers' obligations and entitlements, so any military or political terms sprang from that context. In both, the Carthaginians agreed to hand over any independent town they captured in Latium. In the first (...) treaty they were not to establish a fort in Latium either; in the second, the Romans were not to found a city in Carthaginian Africa, Spain or Sardinia. But independent military considerations are the stuff of a third treaty concluded during Rome's war with Pyrrhus. Rome and Carthage now pledged each other military aid in certain circumstances, as we shall see. And ‘geopolitical’ concerns of a very broad kind imbued a treaty which was reported by the third-century historian Philinus of Agrigentum. By this, he stated, ‘the Romans must keep out of the whole of Sicily, the Carthaginians out of Italy’ . This is Polybius' citation of Philinus' allegation; Polybius himself then roundly rejects the very existence of such a pact and declares himself at a loss to understand how his predecessor could record it, but modern scholarship is no longer all that ready to accept his view. A strong majority of historians prefer to follow the Agrigentine, and many see 306 b.c. as the likely year for the agreement because Livy records a ‘renewal’ then of a foedus with Carthage. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The (...) latest treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

Militairy technology is developing at a rapid pace and we are seeing a growing number of weapons with increasing levels of autonomy being developed and deployed. This raises various legal, ethical, and security concerns. The absence of clear international rules setting limits and governing the use of autonomous weapons is extremely concerning. There is an urgent need for the international community to work together towards a treaty not only to safeguard ethical and legal norms, but also for our shared (...) security. This article explains why a treaty on autonomous weapons is needed and achievable. It goes into what a treaty could consist of to establish an international norm and set rules and limits on autonomy in weapon systems. (shrink)

‘The Greeks have two treaties with the King: the one which our city made, which all praise; and later the Lacedaemonians made the one which all condemn,’ says Demosthenes c. 350. Isocrates, however, did not always run with the pack, for a few years earlier he urged the Athenians to make peace on the basis of the treaty ‘with the King and the Lacedaemonians [which] commands the Greeks to be autonomous, the garrisons to depart from the cities of others, (...) and each people to have its own territory’. (shrink)

Equity is a foundational concept for the new World Health Organization (WHO) Pandemic Treaty. WHO Member States are currently negotiating to turn this undefined concept into tangible outcomes by borrowing a policy mechanism from international environmental law: “access and benefit-sharing” (ABS).

If we know that certain ways of making decisions are associated with real-life success, is this then how we should decide? In this paper the relationship between normative and descriptive theories of decision-making is examined. First, it is shown that the history of the decision sciences ensures that it is impossible to separate descriptive theories from normative ones. Second, recent psychological research implies new ways of arguing from the descriptive to the normative. The paper ends with an evaluation of how (...) this might affect normative theories of decision-making. (shrink)

The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific purpose is (...) to help inventors obtain a patent for the same invention in two or more PCT countries by allowing them to assert their claim internationally have it subjected to preliminary assessment before committing to one or more local applications. It thus reduces the risk of wasted expenditure by enabling an applicant to postpone the decision to pursue an application to grant until confident of its success. By creating a series of pre-grant procedures with recognised validity in each of the PCT’s nearly 140 countries, it also provides a basis for the harmonisation of patentability standards and facilitates the move toward the creation of an international patent. (shrink)

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members under (...) the Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, (...) ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.. (shrink)

following Spinoza an, somewhat, Locke, trough a luminous path of a unique philosophical adventure.