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Governmentality and EU External Trade and Environment Policy applies theories drawn from Foucauldian governmentality studies to investigate the ideological and political roots of the European Union (EU)’s external trade and environmental policy and their effects on the transnational legal landscape. The EU’s desire to spread environmental norms abroad is viewed in the book as a significant feature of contemporary EU trade policy. The EU’s activities in this area have not been uncontroversial for other transnational legal actors. States, individuals, and organizations have challenged the EU’s various trade and environment policies, arguing that they are coercive, unfair, over-reaching, or inefficient. Meanwhile, these policies have also raised a number of questions from the perspective of legality and political theory. This book considers what the practice of EU external trade and environment policy, and international resistance to it, tells us about the way the EU perceives the role and limits of transnational government, the means and ends of politics, and the drivers of human and institutional behavior. Jessica Lawrence examines the legal and political discourse of the EU and those affected by its policies. By studying legal cases, statements by officials, legislative texts, press releases, and other representative documents the book identifies the rationalities, technologies, and subjectivities that underlie contemporary EU activity in this area. The overall effect paints a more complicated and nuanced picture of the EU’s vision of itself and its goals; one that ultimately seeks to provide a better understanding of the functioning of power in this area.
This handbook comprehensively defines and shapes the field of Critical European Union Studies, sets the research agenda and highlights emerging areas of study. Bringing together critical analyses of European Union politics, policies and processes with an expert range of contributors, it overcomes disciplinary borders and paradigms and addresses four main thematic areas pertaining to the study of the European Union and its policies: • Critical approaches to European integration; • Critical approaches to European political economy; • Critical approaches to the EU’s internal security; • Critical approaches to the EU’s external relations and foreign affairs. In their contributions to this volume, the authors take a sympathetic yet critical approach to the European integration process and the present structures of the European Union. Furthermore, the book provides graduate students and faculty with ideas for future research activity and introduces critical analyses rooted in a broad spectrum of theoretical perspectives. The Routledge Handbook of Critical European Union Studies will be an essential reference for scholars, students, researchers and practitioners interested and working in the fields of EU politics/studies, European integration, European political economy and public policy, EU foreign policy, EU freedom of movement and security practices, and more broadly in international relations, the wider social sciences and humanities.
Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of ‘method’ or ‘approach’ in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research – the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law.
Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
This book provides a philosophical critique of legal relations between the EU and 'distant strangers' neither located within, nor citizens of, its Member States. Starting with the EU's commitment in Articles 3(5) and 21 TEU to advance democracy, human rights, and the rule of law in 'all its relations with the wider world', Ganesh examines in detail the salient EU and international legal materials and thereafter critiques them in the light of a theory of just global legal relations derived from Kant's philosophy of right. In so doing, Ganesh departs from comparable Kantian scholarship on the EU by centering the discussion not around the essay Toward Perpetual Peace, but around the Doctrine of Right, Kant's final and comprehensive statement of his general theory of law. The book thus sheds light on areas of EU law (EU external relations law, standing to bring judicial review), public international law (jurisdiction, global public goods) and human rights (human rights jurisdiction), and also critiques the widespread identification of the EU as a Kantian federation of peace. The thesis on which this book was based was awarded the 2020 René Cassin Thesis Prize (English section).
This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders ‘What backlash are we talking about, really?’. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law./div
With cosmopolitan illusions put to rest, Europe is now haunted by a pervasive neoliberal transformation of citizenship that subordinates inclusion, protection, and belonging to rationalities of value. Against the backdrop of four major crises - Eurozone, refugee, Brexit, and the COVID-19 pandemic - this book explores how neoliberal citizenship rewrites identities and solidarities in economic terms. The result is a sacralized market order in which those superfluous to economic needs and regarded as unproductive consumers of resources - be they undocumented migrants, debased citizens of austerity, or the elderly in care homes - are excluded and sacrificed for the well-being of the economy. Pushing biopolitical theorizing in novel directions through an investigation of the political economy of scarcity and the theology of the market, Neoliberal Citizenship reveals how a common thread connects the suspension of search-and-rescue missions in the Mediterranean, the punitive bailout of Greece, the widespread adoption of austerity measures, the normalization of racism, the celebration of resilience, and the fact that in Europe and North America, during the first wave of the pandemic, almost half of all COVID-19 deaths were care home residents. This thread is the sacralization of the market that, by making life conditional upon its economic and emotional value, turns 'less valuable' individuals into sacrificial subjects. Neoliberal Citizenship challenges established understandings of citizenship, brings to light new regimes of inclusion and exclusion, and advances critical insights on the future of neoliberalism in a post-COVID-19 world.
The second edition of Historical Dictionary of Human Rights explores both the theory and the practice of international human rights with a focus on the norms and institutions that make up the “architecture” of the global human rights regime and the tools, processes and procedures through which such norms are realized and “enforced.” Particular attention is given to the contextual political and sociological factors that shape and constrain the operation and functioning of international human rights institutions and their state and non-state actors. This is done through a chronology, an introduction, and an extensive bibliography. The dictionary section has more than 1.000 cross-referenced entries on terminology, conventions, treaties, intergovernmental organizations in the United Nations, and non-governmental organizations, as well as some of the pioneers and defenders. This book is an excellent resource for students, researchers, and anyone wanting to know more about human rights.
Trade liberalization has shaped international economic relations since the conclusion of the GATT 1947. The last few decades have seen a significant shift in the focus of this process: multilateralism seems to have reached its limits, giving way to regionalism, and the focus of trade liberalization has shifted to non-tariff barriers. While these developments have attracted considerable attention, exploring them from comparative perspectives has been largely neglected. Trading systems – the WTO, regional economic integrations and federal systems – are all based on the same dichotomy of free trade and local public interest: they generally prohibit the constituent parties (states) from restricting trade, but exempt them from this limitation if the restriction is warranted by a legitimate local end. The purpose of this volume is to contribute to filling the above-mentioned research gap by exploring central issues in regional economic integrations from a comparative perspective. It provides a general economic analysis of the costs and benefits of trade liberalization and the role and function of normative values in commercial policy. This is followed by a comparative analysis of the approaches used in various regional economic integrations (in North America, Europe and Latin America) and federal markets (the United States, Australia and India) regarding the balance between free trade and local public interest. Key issues in investment law, one of the most contentious elements of next-generation free trade agreements, are also addressed.
Regulatory Counter-Terrorism explores an emerging terrain in which the global governance of terrorism is expanding. This terrain is that of proactive regulatory governance – the management of the day-to-day activities of individuals and entities in order to pre-emptively minimize vulnerability to terrorism. Overshadowed by the more publicized dimensions of military and criminal justice responses to terrorism, regulatory counter-terrorism has grown in size and impact without stirring up as much academic debate. Through a critical assessment of international regulatory counter-terrorism in three areas – financial services, the control of arms and dangerous materials, and the cross-border movement of persons and goods – this volume identifies a dynamic trend. This is the refashioning of international rule making into a flexible and experimental exercise. This volume shows how this transformation is affecting societies across the world in new ways and in the process unravelling settled understandings of international law. Furthermore, through an in-depth analysis of the working processes of UN counter-terrorism bodies and the Financial Action Task Force, this book illustrates that the monitoring of the global counter-terrorism regime is, contrary to accepted understanding, in the main collaborative and managerial, and coercive only peripherally. Dynamic rule making and soft monitoring complement each other, but this is a reason for concern: the softening of international monitoring encourages regulatory adventurism by states in tackling terrorism, while the element of self-correction in dynamic rule making helps silence the calls for institutionalized mechanisms of accountability. This volume will be of great interest to students and scholars of counter-terrorism, security studies, global governance, and international law.