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1
European governance and supranational institutions: Making states comply. London: Routledge, 2003.
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Baldini, Gianni, and Monica Soldano, eds. Nascere e morire: quando decido io? Italia ed Europa a confronto. Florence: Firenze University Press, 2011. http://dx.doi.org/10.36253/978-88-6453-232-5.
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This book continues the collaboration between the department of BioLaw of the University of Florence and the non-profit association Madre Provetta, to contribute to a project of study and research that can build towards a common European law on Bioethics. In view of the professional activity in which they are engaged, the authors are among the leading experts in their respective fields on the issues addressed. Biotechnologies have rendered both birth and death more complex, which explains why the approach must be multidisciplinary. In effect, the research ranges from the medical and scientific sphere to the fields of law, sociology and philosophy and through to the institutional dimension. The leitmotif is the responsibility and self-determination of the individual: an anthology addressing issues concerning the beginning and the end of life. Particular focus is placed on the aspect of legal update in the light of recent case law, which is increasingly called upon, on the one hand to lend support to the legislator, and on the other to adapt national legislation to the rules and principles emerging from the supranational and European institutions.
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Norman, Ludvig. From friends to foes: Institutional conflict and supranational influence in the European Union. Uppsala: Uppsala Universitet, 2013.
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Kompromisse im Europäischen Parlament: Eine kultursoziologische Untersuchung von Einigungsprozessen in einer supranationalen Institution. Potsdam: Universitätsverlag Potsdam, 2014.
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Ou meng wei yuan hui: Yi ge chao guo jia ji gou de zuo yong = A supranational institution : functional analysis of European Commission. Chengdu: Xi nan cai jing da xue chu ban she, 2002.
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Bertero, Elisabetta. Hardening a soft budget constraint through 'upward devolution' to a supranational institution: The case of Italian state-owned firms and and the European Union. Helsinki: United Nations University, World Institute for Development Economics Research, 2002.
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Vlasov, Ilya, Natal'ya Vlasova, Natalya Golovanova, Anatoliy Kapustin, and Artem Cirin. Responsible for the laundering (legalization) of the proceeds of corruption under the legislation of foreign States. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/25285.
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The risks of global and international regional (i.e. supranational) character associated with the extension of the economic and social base of terrorism and proliferation of weapons of mass destruction. Numerous studies demonstrate the close link between corruption and money laundering.
In this manual presents an analysis of international-legal regulation of responsibility for laundering (legalization) of the proceeds of corruption. Considered global, international instruments, documents of regional international organizations. Particular emphasis is placed on the institutional mechanisms of counteracting laundering (legalization) of the proceeds of corruption, which include international organizations involved in the establishment and implementation of international standards (FATF, world Bank, the Egmont group, Basel Committee, Wolfsberg group, regional fatfstyle, etc.).
For civil servants, employees of public organizations, scientists, teachers and graduate students, as well as for anyone interested in the issues of counteraction to laundering of proceeds of crime, financing of terrorism and corruption.
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Tallberg, Jonas. European Governance and Supranational Institutions. Routledge, 2004. http://dx.doi.org/10.4324/9780203458471.
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Tallberg, Jonas. European Governance & Supranational Institutions: Making States Comply. Routledge, 2003.
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10
Jörg-Martin, Jehle, Kriminologische Zentralstelle (Germany), and International Congress of Criminology (10th : 1988 : Hamburg, Germany), eds. Criminological research and planning in state and supranational institutions. Wiesbaden: Kriminologische Zentralstelle, 1990.
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11
Gruber, Lloyd. Ruling the World: Power Politics and the Rise of Supranational Institutions. Princeton University Press, 2000.
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Gruber, Lloyd. Ruling the World: Power Politics and the Rise of Supranational Institutions. Princeton University Press, 2000.
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13
Masini, Fabio. National versus Supranational Collective Goods. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190676681.003.0010.
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The recent and growing literature concerning the birth and history of neoliberalism stresses the importance of supranational economic governance and institutions for the neoliberal project. Sometimes this international order is allegedly supposed to be based on a federal structure. The crucial point is that the division of power and competences among different layers of government may be instrumental to decreasing the room for maneuver in the provision of collective goods, basically the core of the welfare state. This is the approach to supranational federalism that has proved successful in the last few decades, defeating the more heterogeneous and pluralistic attitude toward the trade-off between national and supranational public goods of its origins. The aim of this chapter is to enquire into the evolution of neoliberal thought as concerns the use of different layers of government as an instrument to provide relevant public goods for citizens’ welfare.
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The Process Of Politics In Europe The Rise Of European Elites And Supranational Institutions. I. B. Tauris & Company, 2010.
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Melvin, Rines S., and Bogdanowicz-Bindert Christine A, eds. The supranationals. London: Euromoney Publications, 1986.
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17
Leiser, Mark, and Andrew Murray. The Role of Non-State Actors and Institutions in the Governance of New and Emerging Digital Technologies. Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199680832.013.28.
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New digital technologies pose particular problems for regulators. The utility of these technologies is maximized by linking them to the Internet. But Internet technology does not respect national borders, thereby undermining the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders. This has led to the development of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalization and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations, and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world, post-Westphalian governance generates ongoing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.
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Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part I General Principles, 6 Harmonization and Regionalization. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0007.
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This chapter deals with regional harmonisation in commercial law, giving an overview of its instruments and most important institutions as well as its interaction with harmonisation at a global level. It first explores advantages and potential challenges of regional harmonisation. It then presents the most common instruments used by regional organisations to harmonise commercial law, be they binding such as conventions and supranational legislation or non-binding such as model laws or principles. Finally, it focuses on conflicts and coordination between global and regional harmonisation, highlighting in particular the means to recognise regional specificities and the participation of regional organisations in global law making and international negotiations (with special attention to the role played by a supranational organisation such as the European Union).
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Christos, Hadjiemmanuil. 9 Bank Resolution Financing in the Banking Union. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198754411.003.0009.
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This chapter explores bank resolution financing in the Banking Union, a project launched in 2012 as a direct response to the euro area’s crisis that began in Spain. The Banking Union is a streamlined and highly centralized regime for the supervision and resolution of all banks in the euro area and beyond, based on a novel, complex institutional set-up. The Union relies on supranational decision-making, especially with regard to the largest and most important banking institutions. The chapter assesses the Banking Union’s two-pronged institutional construction: the Single Supervisory Mechanism (SSM) and the Single Resolution Mechanism (SRM). It concludes by discussing how the Bank Recovery and Resolution Directive (BRRD) affects resolution financing in the Banking Union.
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Becker, Peter, and Natasha Wheatley, eds. Remaking Central Europe. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854685.001.0001.
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This book presents Central Europe as a key laboratory for the interwar international order. A new regional order of national states, ushered into being by the dissolution of the multinational Habsburg Empire in 1918, was born alongside a new framework for international governance. The region became the key test case for new international organizations like the League of Nations: problems of border drawing, financial collapse, endemic disease, national minorities, and humanitarian aid emerged as domains where the League’s identity and authority were defined and tested. The predicaments of post-imperial sovereignty, meanwhile, sparked supranational initiatives like international policing and treaties to protect the commercial rights of foreigners. These interactions shaped the successor states as well as institutions of international organization, offering unique insights into the relationship between nationalization and internationalization. Central Europe emerges as a crucible for forms and techniques of supranational governance. With chapters covering international health, international financial oversight, human trafficking, minority rights, scientific networks, technical expertise, passports, commercial treaties, borders and citizenship, and international policing, this book pioneers a regional approach to international order, and explores the origins of today’s global governance in the wake of imperial collapse.
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Lavenex, Sandra. 15. Justice and Home Affairs Institutional Change and Policy Continuity. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780199689675.003.0015.
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This chapter examines the European Union’s justice and home affairs (JHA), which have evolved from a peripheral aspect into a focal point of European integration. It first considers the institutionalization of JHA cooperation, focusing on the Treaty of Lisbon which constitutes a milestone in the communitarization process, before discussing the main actors in the JHA. In particular, it looks at the organization and capacities of EU institutions, the continuity of intergovernmentalism, and the proliferation of semi-autonomous agencies and databases. It also explores the flow of policy, taking into account asylum policy and immigration policy, police and judicial cooperation in criminal matters, and the challenge of implementation. The chapter shows how cooperation among national agencies concerned with combating crime, fighting terrorism, and managing borders, immigration and asylum has gradually moved from loose intergovernmental cooperation to more supranational governance within the EU.
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Levitov, Alex. Normative Legitimacy and the State. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935307.013.131.
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This article offers a critical overview of the major normative theories of political legitimacy from the seventeenth century to the present day, with a special focus on the leading representatives of the social contract tradition: the voluntarist theory, according to which legitimate political authority must derive from the free choices of its subjects; and the natural duty theory, which holds that a state’s legitimacy depends on the extent to which its institutions are just, regardless of whether it has been freely authorized by its subjects. The article then explores the prospects of a hybrid theory that would combine elements of the two and concludes by examining the ways in which the various conceptions of state legitimacy under consideration might be applied or adapted to the case of supranational political institutions.
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Egeberg, Morten, and Jarle Trondal. The Logic of Supranational Organization. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825074.003.0003.
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This chapter discusses ‘experiments’ in building supranational organization. Classical international organizations are formally governed by ministers who have their primary institutional affiliation at the national level. The European Commission, on the other hand, represents a notable organizational innovation in the way that executive politicians at the top, i.e. the commissioners, have their primary organizational affiliation at the supranational level. Thus, the Commission constitutes a ‘laboratory’ for experiments in supranational organization-building. The chapter asks what the relative importance is of nationality and organizational position as regards explaining organizational behaviour. The chapter shows that nationality plays a minor role among Commission officials. Nationality matters somewhat more regarding commissioners’ behaviour, but makes up only one of several components of their highly compound role, thus making behaviour at the top of the Commission qualitatively different from behaviour in e.g. the European Council.
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Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. II Constitutional Jurisprudence, 7 National Constitutional Adjudication in the European Space. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.003.0007.
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This chapter traces the development of the Constitutional Court’s relationship to the European transnational space, specifically the European Union and the European Convention on Human Rights. It is a fascinating study in how the interactions between the three different but interrelated legal orders have generated what could be called a multilevel constitutional system—one that does not work on a hierarchically ordered scale, but that instead opens up the possibility of shaping a sort of European common law of constitutionalism. The importance of this topic is very apparent, not only for the rest of Europe, but even more for other constitutional courts needing to address their national legal systems’ relationships with supranational legal norms and institutions.
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Ohler, Christoph. CETA, TTIP, TiSA, and Financial Services. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0008.
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Financial services are considered as an economic sector that is particularly suited for trade liberalization. While many countries opened their markets considerably, financial institutions are at the same time subject to strict domestic regulation and supervision. They lead to financial and organizational burdens for service suppliers which may have an effect similar to trade barriers. However, traditional market access obligations do not apply to these national or, in the case of the EU, supranational regulatory systems. In addition, the GATS as well as bilateral trade agreements contain so-called prudential carve-out provisions. As a consequence, any international attempt for further liberalization in the financial services sector will be limited in its effect as long as regulatory issues are not integrated in these negotiations.
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Gumbrell‐McCormick, Rebecca, and Richard Hyman. Works Councils:. Edited by Adrian Wilkinson, Paul J. Gollan, Mick Marchington, and David Lewin. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199207268.003.0012.
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This article focuses on works councils, adopting the definition of Rogers and Streeck. It is concerned with countries with generalized systems of representation – where participation structures exist largely independently of management wishes – and not with those where representative bodies may be established voluntarily through localized management initiatives. The article also limits attention to bodies with the capacity to discuss a broad agenda of employment- and work-related issues; this means, for example, that the statutory health and safety committees, which exist in many countries without works councils, are ignored. On this definition, works councils are almost exclusively a phenomenon of continental Western Europe, and the article discusses why this is the case. Its focus is specifically on national institutions; it does not examine the one instance of mandatory supranational structures: European Works Councils. Nor does the article consider board-level employee representation.
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Bellamy, Alex J. Habits of Multilateralism. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198777939.003.0006.
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This chapter shows how regional multilateralism contributed to the decline in mass atrocities. It proceeds in three main parts. First, it charts the rise of East Asian multilateralism and shows how the “ASEAN way” developed and was gradually exported to the rest of the region giving rise to both common rules and informal practices that have helped facilitate the decline of mass atrocities by promoting state consolidation and economic development whilst managing disputes between states. The second part of the chapter examines some of these norms and practices in more detail, showing how regional multilateralism has contributed to the decline of mass atrocities through normative socialization and conflict management. The final section turns to some of the perceived limits of multilateralism, focusing in particular on the incapacity of the region’s supranational institutions, the absence of shared identities, and the region’s inability to resolve protracted disputes.
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Christiansen, Thomas. The European Union and Global Governance. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198793342.003.0010.
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This chapter discusses whether the European Union has a distinctive take on, and may make a particular contribution to, global governance, as well as the reverse image of the impact that global governance has in the development of integration in Europe. This includes a focus on collective norms and interests as expressed through common institutions, policies, and activities. In doing so, the chapter compares and contrasts the evolution of a supranational order in Europe with the growth of global regimes and the emergence of a multipolar world, and explores the nature of the EU’s relationships with other global powers and regions. In a final section, the chapter asks whether the EU’s relationship with global developments is best seen as a test-bed for new ideas, procedures, and concepts; a construction for the defence of a privileged way of life; or an archaic remnant of a different era.
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Dickerson, Claire Moore. The OHADA Common Court of Justice and Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0005.
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This chapter focuses on the OHADA Common Court of Justice and Arbitration. The Common Court of Justice and Arbitration (CCJA) is the supranational, apex court of the Organization for the Harmonization in Africa of Business Law (OHADA), an organization that currently covers seventeen countries in West and Central Africa. The CCJA’s authority is meaningful only if it actually affects the lives of a broad spectrum of private economic actors within OHADA’s territory, not just the OHADA Treaty’s member states. There is considerable evidence that, in the formal economy, private litigants, state actors and national judges desire and expect CCJA to be enforced. By contrast, in the informal economy that represents a significant portion of the population and national economy, the CCJA is unlikely to have authority because the relevant actors do not look to formal law or formal legal institutions for guidance in commercial transactions or for dispute resolution.
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Butler, Graham. The European Union and Diplomatic Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198795940.003.0018.
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Not long after the establishment of supranational institutions in the aftermath of the Second World War, the early incarnations of the European Union (EU) began conducting diplomacy. Today, EU Delegations (EUDs) exist throughout the world, operating similar to full-scale diplomatic missions. The Treaty of Lisbon established the legal underpinnings for the European External Action Service (EEAS) as the diplomatic arm of the EU. Yet within the international legal framework, EUDs remain second-class to the missions of nation States. The EU thus has to use alternative legal means to form diplomatic missions. This chapter explores the legal framework of EU diplomatic relations, but also asks whether traditional missions to which the VCDR regime applies, can still be said to serve the needs of diplomacy in the twenty-first century, when States are no longer the ultimate holders of sovereignty, or the only actors in international relations.
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Sadurski, Wojciech, Michael Sevel, and Kevin Walton, eds. Legitimacy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198825265.001.0001.
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This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.
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Papadimitriou, Lydia, and Ana Grgić, eds. Contemporary Balkan Cinema. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474458436.001.0001.
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The first inclusive collection to examine post-2008 developments in Balkan cinema, this book brings together a number of international scholars working within and beyond the region to explore its industrial contexts and textual dimensions. Exploring both mainstream and arthouse cinemas, the authors identify patterns, trends and common characteristics in the subject matter and aesthetics of films produced and distributed since the global economic crisis. With a focus on transnational links, global networks and cross-cultural exchanges, the book addresses the role of national and supranational institutions as well as film festival networks in supporting film production, distribution and reception. Through critical and comprehensive profiles of the cinematic output in each Balkan country, and with an equal focus on smaller and underrepresented cinemas from Montenegro, Kosovo, North Macedonia and Albania, the collection argues for the continuing relevance of the concept of ‘Balkan cinema’. This study conceptualizes Contemporary Balkan Cinema as a hybrid, trans-national encounter that offers multifarious responses to political and social challenges in the region: gravitation and/or disillusionment toward the European Union; migration; political and social instability; and economic recession.
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Alter, Karen J., and Laurence R. Helfer. Transplanting International Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199680788.001.0001.
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The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice (ATJ) has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the ATJ was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the ATJ's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. Finally, it provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.
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Eppler, Annegret, and Andreas Maurer, eds. Europapolitische Koordination in Österreich. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783845297033.
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European policy exerts a considerable influence on shaping politics in Austria. Vice versa, Austrian policy forms a constitutive element of what is negotiated and decided in Brussels. This book addresses the question of how and under which externally and internally induced framework conditions Austrian ideas, strategies and interests are conceived, coordinated and articulated in the multilevel system of the European Union. What domestic coordination requirements and strategies come into play and when in order to generate Austria’s positions? How do feedback mechanisms function in order to safeguard democratic and transparent decision-making chains? How do Austria’s political system and the EU’s supranational system influence each other? This book is the first to conduct a comprehensive analysis of all the players, institutions and processes involved in Austria’s policy on Europe as well as the policy areas that are particularly important for the country. It will appeal to students and teachers of EU studies and researchers on that subject area, those involved in Austria’s policy on Europe who work in parliament, government, administrative bodies and interest groups, as well as all those interested in comparing the coordination of policies on Europe.
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Bradley, Curtis A., ed. The Oxford Handbook of Comparative Foreign Relations Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oxfordhb/9780190653330.001.0001.
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This book ambitiously seeks to lay the groundwork for a new field of study and teaching known as “comparative foreign relations law.” Comparative foreign relations law compares and contrasts how nations, and also supranational entities such as the European Union, structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The book consists of forty-six chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, increasingly are confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well.
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Büthe, Tim. Supranationalism. Edited by Orfeo Fioretos, Tulia G. Falleti, and Adam Sheingate. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199662814.013.29.
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Supranational governance should be unlikely, especially in Europe, with its long-established nation states. Yet, it is in Europe where the shift of executive, legislative, and judicial/legal authority to the supranational level has gone furthest. This chapter examines the contributions an actor-centric historical institutionalism can make to understanding and explaining supranationalism. Focusing on legislative supranationalism and the development of supranational authority for European law and the European Court of Justice, the chapter demonstrates that agent-centric historical institutionalism allows scholars to derive ex ante predictions without sacrificing historical institutionalism’s ability to provide carefully contextualized accounts of institutional development and of endogenous changes in actor preferences.
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The European Parliament and Supranational Party System: A Study in Institutional Development (Cambridge Studies in Comparative Politics). Cambridge University Press, 2001.
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Kreppel, Amie. The European Parliament and Supranational Party System: A Study in Institutional Development (Cambridge Studies in Comparative Politics). Cambridge University Press, 2002.
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Beck, Robert J. International Law and International Relations. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.406.
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International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.
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Ralph, Jason. The International Criminal Court. Edited by Alex J. Bellamy and Tim Dunne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.013.34.
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The responsibility to protect and the International Criminal Court share a recent history and a similar normative structure. The responsibilities to protect and prosecute reside first and foremost in the state and both normative regimes insist that a residual responsibility rests with international society. Yet R2P has not sought to allocate residual responsibility to an institution that notionally transcends power politics. For some critics, R2P should follow the ICC’s lead and delegate decision-making on humanitarian intervention to a supranational body. By focusing on the continuing politicization of international criminal justice under the ICC this chapter illustrates how R2P’s difficulties cannot be fixed by simply creating independent judicial bodies. A more consistent approach to R2P is contingent on a changed conception of P5 responsibility. Changing legal frameworks without changing this political reality will simply add to the disappointment of those who lament the compromises made in the World Summit Outcome Document.
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Grimm, Dieter. Europe, Yes—But Which Europe? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198805120.003.0001.
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This chapter suggests that the European Union has outgrown the original economic community but it remains unclear what it should become in the end. It first explains how the European Economic Community, the forerunner of the EU, became a singular, supranational entity somewhere between an international organization and a federal state. It then examines the 1992 Treaty of Maastricht; how EU’s democracy problem is exacerbated by a yawning gap between decision-making power and accountability; and the European Court of Justice’s role in the economic integration process as well as its interpretation of the European treaties. It also discusses proposals for an institutional reform of the EU, such as enhancing the representation of EU citizens on the European Parliament. Finally, it considers plausible explanations of European integration and how the EU must be arranged so as to find greater acceptance.
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Psygkas, Athanasios. Increasing the “Democratic Surplus”: What Should the Path to the Future Look Like? Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190632762.003.0006.
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This chapter concludes by exploring how the findings in the previous chapters can inform future developments in the EU regulatory system and further enhance democratic accountability at both the national and the supranational levels. The chapter first tells a story of convergence: in all three country cases, EU mandates transformed aspects of the preexisting administrative governance, and brought about accountability gains on all prongs of the deliberative-participatory model. However, cross-national variations still exist. This invites consideration of proposals for further EU-driven convergence through the creation, for instance, of a European telecommunications regulatory agency. The chapter suggests that at this stage this idea would result in losses in democratic accountability and would therefore be unwise. Instead, I put forth a proposal that harnesses the accountability benefits of the EU regulatory architecture by tapping into the institutional creativity of the member states and incrementally incorporating further EU-level requirements through a system of feedback loops.