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A decorated pair of trousers excavated from a well-preserved tomb in the Tarim Basin proved to have a highly informative life history, teased out by the authors – with archaeological, historical and art historical dexterity. Probably created under Greek influence in a Bactrian palace, the textile started life in the third/second century BC as an ornamental wall hanging, showing a centaur blowing a war-trumpet and a nearly life-size warrior of the steppe with his spear. The palace was raided by nomads, one of whom worked a piece of the tapestry into a pair of trousers. They brought no great luck to the wearer who ended his days in a massacre by the Xiongnu, probably in the first century BC. The biography of this garment gives a vivid glimpse of the dynamic life of Central Asia at the end of the first millennium.
In its admissibility decision in the Al-Saadoon case the ECtHR held that the United Kingdom had jurisdiction over the applicants, who had been arrested by British forces and kept in a British-run military prison in Iraq. Just before the respective mandate of the Security Council expired on 31 December 2008, the applicants were transferred to Iraqi custody at Iraqi request and thereby exposed to the risk of an unfair trial followed by capital punishment. In this respect, the case resembles the Soering case, although the applicants were, unlike Soering, not on British territory but on occupied Iraqi soil before they were handed over. This aspect raises the question of Iraqi sovereignty as a norm competing with the UK's human rights obligations. The authors trace back the ECtHR's case law concerning the extraterritorial application of the Convention and analyse the UK judgments and the ECtHR's admissibility decision in the Al-Saadoon affair from this angle. Furthermore they consider the doctrinal consequences of the ECHR's extraterritorial effect in cases like Soering and Al-Saadoon, where contracting parties violate guarantees of the Convention by exposing a person within their jurisdiction to a risk of a treatment contrary to these guarantees by a third state. Finally, they test the argument brought forward by the UK that not transferring the applicants would have violated Iraqi sovereignty and establish patterns how the ECtHR and the UK Courts did cope in the past with international law norms potentially competing with the Convention.
On the backdrop of the 2008 financial crisis this paper introduces an understanding of societal crises as a reduction in the meaning production of social entities, which can either be internally or externally provoked. The emergence of constitutions and, more generally, constitutional structures, can be understood as responses to both forms of crisis. This is the case because they are double-edged structures which are simultaneously oriented towards the maintenance of internal order and stability within a given social entity at the same time as they frame the transfer of the meaning components between the social entities and their environments. Thus, the 2008 financial crisis indicates a failure of constitutional bonding. When observed from an overall structural perspective, the reasons for this failure can be traced back to an increased discrepancy between the structural composition of world society and the constitutional structures in place. The crisis reflects a failure to respond to two simultaneous, inter-related and mutually re-inforcing structural transformations. First, there is the increased globalisation, which has led to massive dis-locations in the relative centrality of the different national configurations for the reproductive processes of functional systems. Second, there is a structural transformation of the transnational layer of world society through a reduced reliance on the centre/periphery differentiation and an increased reliance on functional differentiation. One of the many consequences of this development is the emergence of new forms of transnational law and politics. A new constitutional architecture which reflects these transformations is needed in order to ensure an adequate constitutional bonding of economic processes, as well as of other social processes.
The first part of the following paper deals with varying points of criticism forwarded against Ordoliberalism. Here, it is not the aim to directly falsify each argument on its own; rather, the author tries to give a precise overview of the spectrum of critique. The second section picks out one argument of critical review – namely that the ordoliberal concept of the state is somewhat elitist and grounded on intellectual experts. Based on the previous sections, the final part differentiates two kinds of genesis of norms: an evolutionary and an elitist one – both (latently) present within Ordoliberalism. In combination with the two-level differentiation between individual and regulatory ethics, the essay allows for a distinction between individual-ethical norms based on an evolutionary genesis of norms and regulatory-ethical norms based on an elitist understanding of norms. A by-product of the author’s argument is a (further) demarcation within neoliberalism.
On the backdrop of the 2008 financial crisis this paper introduces an understanding of societal crises as a reduction in the meaning production of social entities, which can either be internally or externally provoked. The emergence of constitutions and, more generally, constitutional structures, can be understood as responses to both forms of crisis. This is the case because they are double-edged structures which are simultaneously oriented towards the maintenance of internal order and stability within a given social entity at the same time as they frame the transfer of the meaning components between the social entities and their environments. Thus, the 2008 financial crisis indicates a failure of constitutional bonding. When observed from an overall structural perspective, the reasons for this failure can be traced back to an increased discrepancy between the structural composition of world society and the constitutional structures in place. The crisis reflects a failure to respond to two simultaneous, inter-related and mutually re-inforcing structural transformations. First, there is the increased globalisation, which has led to massive dis-locations in the relative centrality of the different national configurations for the reproductive processes of functional systems. Second, there is a structural transformation of the transnational layer of world society through a reduced reliance on the centre/periphery differentiation and an increased reliance on functional differentiation. One of the many consequences of this development is the emergence of new forms of transnational law and politics. A new constitutional architecture which reflects these transformations is needed in order to ensure an adequate constitutional bonding of economic processes, as well as of other social processes.
The concept of embeddedness plays a central role in the segment of economic sociology and social theory which is inspired by the works of Karl Polanyi. But to the extent that embeddedness is understood in a substantialist manner, implying the existence of a unitary lifeworld, the desire for embeddedness is an impossible aspiration under modern conditions. Throughout the modern era it is however possible to observe the emergence of complex societal stabilization mechanisms, which serve as substitutes to traditional forms of embeddedness. The emergence of function specific cultures, in the form of, for example, legal, political and scientific cultures, establishing a ‘second nature’ in the Hegelian sense, is one example of this. Other examples are (neo-)corporatist institutions which fulfilled a central stabilising role in classical modernity and the kind of network based governance arrangements which fulfil a similar position in today’s radicalised modernity.
Nusa Tenggara Timor, a south-eastern province of Indonesia, is populated mainly by Christians. The Alor-Pantar Archipelago has a majority of Protestant inhabitants who were baptized by Dutch Calvinists in the first half of the twentieth century. In addition, there are some coastal enclaves that have been inhabited by Muslims for centuries. In some areas, such as in the headland of Muna (Tanjung Muna) forming the northeast of Pantar Island, there is an even greater diversity of monotheistic religions, with some Catholic families living next to Protestants and Muslims. All adherers of the three religious faiths living at Tanjung Muna share core elements of the local adat, which consists of core rules relating to social behavior. It is believed that the ancestors will notice transgressions of these rules, and may use their supernatural power to punish their human descendants. In Indonesia, the term adat was first used by Muslims to distinguish the non-Islamic practices from Muslim faith (Keane 1997:260-261). This is definitely not the case in the village of Pandai at the coast of Tanjung Muna, where Islam tolerates ancestral worship. The same is true for the Catholics in the inland village of Helangdohi, who do not only tolerate but even support such customs. Some villagers from Helangdohi had become acquainted with this kind of Catholicism on the nearby island of Flores, where ancestral worship is encouraged by the missionaries of the Societas Verbi Divini (SVD). The attitude of Protestantism, at least in the Alor Archipelago, is quite the contrary of the permissive views held by Catholicism and Islam. In the 1930s the Protestant-Calvinist missionaries banned any kind of ancestral worship and destroyed most relics (Dalen 1928: Picture 1). These drastic measures demanded the disavowal of the ancestors, including the destruction of heirlooms and omitting of rituals.
On 15 August 2005, when the Republic of Indonesia and the Free Aceh Movement (Gerakan Aceh Merdeka, GAM) signed the Memorandum of Understanding (MoU) in Helsinki, Finland, it was considered yet another uncertain attempt at putting an end to Indonesia's thirty years of conflict in its westernmost province, Aceh. After a historically unprecedented reconstruction process that followed the tsunami of December 2004 and two orderly elections in 2006/2007 and 2009, Aceh’s peace process is not only still on track, but widely considered a role model for ending protracted civil wars by means of political participation and autonomy regulations. This article reviews past developments that have led to the reconfiguration of Aceh's political landscape and seeks to illustrate the most recent developments in GAM's transformation from an independence movement to an Indonesian local political party.
Mike Rapport is one of the few scholars who write European history not as the history of a few select countries, but of the entire continent. Rapport is at home in the history of the Balkans as well as France, Italy, Germany, Russia, and Scandinavia, and well versed in the historiography published in English, French, and Italian. Rapport's well-rounded viewpoint is one excellent argument for anyone suffering from "1848 fatigue" after the sesquicentennial celebrations and their aftermath in conference volumes and historiographical reviews to put aside any skepticism regarding the possibility of anyone presenting a novel perspective; the book itself is another. In it, Rapport offers a narrative history of the events of 1848 in those European countries and regions affected directly by the revolution--France, Italy, the German states, Denmark, and Rumania--with some remarks on areas where the impact was more indirect (Britain, Russia, the Ottoman Empire, and Scandinavia). This book is less obviously an academic textbook than Jonathan Sperber's excellent survey of the revolutions of 1848, and less encyclopedic than the survey of national events and overarching themes edited by Dieter Dowe and others for the 1998 anniversary. ...
The focus of this work, the debate about a body of law dealing with aristocratic issues, is not easy to summarize. This problem stems in part from a topic that historians who do not work on law might be forgiven for considering nonexistent; in part, it has to do with the indirect way in which Dorothee Gottwald engages with current trends in the historiography of nineteenth-century Germany. ...
From the very outset of European expansion, scholars have been preoccupied with the impact of proselytization and colonization on non-European societies. Anthropologists such as Margaret Mead and Bronislaw Malinowski, who witnessed these processes at the beginning of the twentieth century while at the same time benefitting from the colonial structure, were convinced that the autochthonous societies could not possibly withstand the onslaught of the dominant European cultures, and thus were doomed to vanish in the near future. The fear of losing their object of research, which had just recently been discovered, hung above the heads of the scholars like a sword of Damocles ever since the establishment of anthropology as a discipline. They felt hurried to document what seemed to be crumbling away. Behind these fears there was the notion that the indigenous cultures were comparatively static entities that had existed untouched by any external influences for many centuries, or even millennia, and were unable to change. This idea was shared by proponents of other disciplines; in religious studies, for example, up to the late 1980s the view prevailed that the contact between the great world religions and the belief systems of small, autochthonous societies doomed the latter to extinction. However, more recent studies have shown that this assumption, according to which indigenous peoples have not undergone any changes in the course of history, is untenable. It became apparent that groups supposedly living in isolation have extensive contact networks, and that migration, trade, and conquest are not privileges of modern times. Myths and oral traditions bore witness of journeys to faraway regions, new settlements founded in unknown territories, or the arrival of victorious foreigners who introduced new ways and customs and laid claim to a place of their own within society.
Indonesia is a multicultural and multireligious nation whose heterogeneity is codified in the state doctrine, the Pancasila. Yet the relations between the various social, ethnic, and religious groups have been problematic down to the present day, and national unity has remained fragile. In several respects, Christians have a precarious role in the struggle for shaping the nation. They are a small minority (about 9% of the population) in a country predominantly inhabited by Muslims; in the past they were interconnected in manifold ways with the Dutch colonial government; they exert great influence in economy and the military, and constitute the majority of the population in some parts of the so-called Outer Islands (such as Flores, Sumba, and Timor), which are characterized by an attitude fraught with ambivalence towards the state apparatus perceived as ‘Javanese’ and ‘Muslim’. In the aftermath of the former president Suharto’s resignation and in the course of the ensuing political changes – in particular the independence of East Timor – Christians were repeatedly discredited for allegedly posing a threat to Indonesian unity, and have been involved both as victims and perpetrators in violent regional clashes with Muslims that claimed thousands of lives. Since the beginning of the new millennium the violent conflicts have lessened, yet the pressure exerted on Christians by Islamic fundamentalists still continues undiminished in the Muslim-majority regions. The future of the Christians in Indonesia remains uncertain, and pluralist society is still on trial. For this reason the situation of Christians in Indonesia is an important issue that goes far beyond research on a minority, touching on general issues relating to the formation of the nation-state.
The aim of the following paper is to examine the complementarities (and divergences) between the paleoliberal Adam Smith and the ordoliberal Walter Eucken. Following the hypothesis that Smith is among the forerunners and predecessors of Ordoliberalism and Social Market Economy, we try to provide the reader with an insight into the socio-political philosophy of Smith and Eucken pointing at similarities and differences alike. Therefore, we base our examination on a systematic primary source text analysis comparing the books and essays written by Eucken and Smith. The paper tackles these questions in two main steps: The first part highlights Smith's and Eucken's complex and interdependent system of natural liberty. The second section reviews Smith's and Eucken's philosophy of the state.
This paper explores the various personal and intellectual links between Edmund Husserl, Rudolf and Walter Eucken. Our interdisciplinary approach gives an insight into Husserl’s transcendental phenomenology, Walter Eucken’s Ordoliberalism as well as in the interdependency between phenomenology and economics for which Rudolf Eucken’s philosophy of intellectual life plays an important role. Particular affiliations between phenomenology and economics can be found in the following topics: epistemology, the idea of man, the comprehension of liberty and the importance of legal or social orders, institutional rules and frameworks of regulations.
2008/9 sees the 60th anniversary of the German economic and currency reform of June 20, 1948, and the adoption of the Grundgesetz on May 23, 1949, which committed the country to the ideals of a socially committed market economy. Both of these events are important points along the path taken by the Federal Republic of Germany to reach the system of a social market economy. Since the term, Social Market Economy is often used in several different contexts and sometimes to mean contradictory things, we must ask: what exactly does the term social market economy entail? What economic-ethical ideas and theories are behind it? This paper will trace the origins of the social market economy (chapter 2) and explain the central characteristics of the Freiburg School of Economics (chapter 3), one of the main pillars of the social market economy. Central to this paper is the oeuvre of Walter Eucken, one of the leading representatives of the ordoliberal Freiburg School. The aim is to identify socio-political factors of influence and inspiration on his theory of economic policy (chapter 4) and evaluate similarities to the works of Kant, Smith and other economic philosophers. Chapter 5 will seek to elucidate Eucken’s “Program of Liberty”. We shall also allow ourselves a slight diversion to elaborate on the parallels between this work and Kant’s understanding of freedom and autonomy. Chapter 6 deals with Eucken’s dual requirements of an economic and social order (i.e. functioning and humane socio-economic order). In chapter 7, we seek to answer – with considerable reference to Adam Smith – to what extent it can be assumed that self-interest and the common good are mutually compatible. This paper concludes with a few remarks about the topicality of ordoliberalism in relation to modern, German-speaking economic ethics (chapter 8).
Ernst Bloch pointed out in a particularly emphatic way that the concept of human dignity featured centrally in historical struggles against different forms of unjustified rule, i.e. domination – to which one must add that it continues to do so to the present day. The “upright gait,” putting an end to humiliation and insult: this is the most powerful demand, in both political and rhetorical terms, that a “human rights-based” claim expresses. It marks the emergence of a radical, context-transcending reference point immanent to social conflicts which raises fundamental questions concerning the customary opposition between immanent and transcendent criticism. For within the idiom of demanding respect for human dignity, a right is invoked “here and now,” in a particular, context-specific form, which at its core is owed to every human being as a person. Thus Bloch is in one respect correct when he asserts that human rights are not a natural “birthright” but must be achieved through struggle; but in another respect this struggle can develop its social power only if it has a firm and in a certain sense “absolute” normative anchor. Properly understood, it becomes apparent that these social conflicts always affect “two worlds”: the social reality, on the one hand, which is criticized in part or radically in the light of an ideal normative dimension, on the other. For those who engage in this criticism there is no doubt that the normative dimension is no less real than the reality to which they refuse to resign themselves. Those who critically transcend reality always also live elsewhere.
The past thirty years have seen dramatic changes to the character of state membership regimes in which practices of easing access to membership for resident non-citizens, extending the franchise to expatriate citizens as well as, albeit in typically more limited ways, to resident non-citizens and an increasing toleration of dual nationality have become widespread. These processes of democratic inclusion, while variously motivated, represent an important trend in the contemporary political order in which we can discern two distinct shifts. The first concerns membership as a status and is characterised in terms of the movement from a simple distinction between single-nationality citizens and single-nationality aliens to a more complex structure of state membership in which we also find dual nationals and denizens (Baubock, 2007a:2395-6). The second shift relates to voting rights and is marked by the movement from the requirement that voting rights are grounded in both citizenship and residence to the relaxing of the joint character of this requirement such that citizenship or residence now increasingly serve as a basis for, at least partial, enfranchisement. In the light of these transformations, it is unsurprising that normative engagement with transnational citizenship – conceived in terms of the enjoyment of membership statuses in two (or more) states – has focused on the issues of access to, and maintenance of, national citizenship, on the one hand, and entitlement to voting rights, on the other hand.
The title I have chosen seems to signal a tension, even a contradiction, in a number of respects. Democracy appears to be a form of political organisation and government in which, through general and public participatory procedures, a sufficiently legitimate political will is formed which acquires the force of law. Justice, by contrast, appears to be a value external to this context which is not so much linked to procedures of “input” or “throughput” legitimation but is understood instead as an output- or outcome-oriented concept. At times, justice is even understood as an otherworldly idea which, when transported into the Platonic cave, merely causes trouble and ends up as an undemocratic elite project. In methodological terms, too, this difference is sometimes signalled in terms of a contrast between a form of “worldly” political thought and “abstract” and otherworldly philosophical reflection on justice. In my view, we are bound to talk past the issues to be discussed under the heading “transnational justice and democracy” unless we first root out false dichotomies such as the ones mentioned. My thesis will be that justice must be “secularised” or “grounded” both with regard to how we understand it and to its application to relations beyond the state.
Based on Foucault’s analysis of German Neoliberalism and his thesis of ambiguity, the following paper draws a two-level distinction between individual and regulatory ethics. The individual ethics level – which has received surprisingly little attention – contains the Christian foundation of values and the liberal-Kantian heritage of so called Ordoliberalism – as one variety of neoliberalism. The regulatory or formal-institutional ethics level on the contrary refers to the ordoliberal framework of a socio-economic order. By differentiating these two levels of ethics incorporated in German Neoliberalism, it is feasible to distinguish dissimilar varieties of neoliberalism and to link Ordoliberalism to modern economic ethics. Furthermore, it allows a revision of the dominant reception of Ordoliberalism which focuses solely on the formal-institutional level while mainly neglecting the individual ethics level.
It has become commonplace to say that, in the past, international governance has been legitimated mainly, if not exclusively, by its welfare-enhancing ‘output’. There has been very little research, however, on the history of legitimating international governance by its output to validate this point. In this essay I begin to address this gap by inquiring into the origins of output-oriented strategies for legitimating international organizations. Scrutinizing the programmatic literature on international organizations from the early 20th century, I illustrate how a new and distinctive account of technocratic legitimation emerged and in the 1920s separated from other types of liberal internationalism. My inquiry, centring on the works of James Arthur Salter, David Mitrany, Paul S. Reinsch and Pitman B. Potter, explores their respective conceptions of ‘good functional governance’, executed by a non-political international technocracy. Their account is explicitly pitched against a notion of ‘international politics’, perceived as violent, polarizing, and irrational. The emergence of such a technocratic legitimation of international governance, I submit, needs to be seen in the context of societal modernization and bureaucratization that unfolded in the first half of the 20th century. I also highlight how in this account the material output of governance is intimately linked to the virtues of the organizational form that brings it about.
Guerillas win as long as they do not lose, and government forces lose as long as they do not win. In Afghanistan, this adage holds, once again, true. Western civilian and military leaders want us to believe that insurgents and criminals are running out of options. Indeed, after much initial stuttering, NATO has transformed into a veritable counter-insurgency machine, with the United States shouldering most of the burden. Casualties among the Taliban and other enemies of NATO are enormous. Enormous, too, is the coalition of NATO and Afghan troops, approaching half a million soldiers and militia-types.
Europe’s reaction to the recent upheavals in North Africa clearly exposed one thing: The EU’s Common Foreign and Security Policy (CFSP), including its Security and Defence branch (CSDP), were steamrolled by a multitude of overtly national policies. The resulting cacophony of views made a mockery of the aspiration to present a united European position to external players. It also thwarts the claim of the EU being a more credible security actor in the wake of the Lisbon Treaty reforms. While commentators have moaned about a CFSP and CSDP ‘fatigue’ for quite some time now, the likelihood that what used to be the most dynamic EU policy field of the last decade will enter a period of prolonged hibernation never seemed as high...
Nanggroe Aceh Darussalam is a multicultural province within a multicultural state. Hence, its political leaders not only face the need to integrate ethnic and cultural diversity into a regional framework, but also have to define Aceh’s role within the Indonesian nation. During its violent past which was characterized by exploitation and military oppression, there were good reasons to emphasize sameness over diversity and to build up the consciousness of a unified Acehnese identity. From both an emic and an etic perspective, it is today widely accepted that there is such a thing as a homogeneous Acehnese culture which is rooted in a glorious, though troublesome, history of repression and rebellion and shaped by a strong Islamic piety. Even if it is true that Acehnese history has created a strong regional identity, it must not be forgotten that people living in this area belong to various ethnic and cultural groups and that they represent a rich variety of different cultures rather than simply a single homogeneous culture. As a matter of fact, the practises and discourses of Islam here also vary depending on the cultural background of the people. As elsewhere in Indonesia and beyond, world religions have to adapt to local customs, have to be appropriated by the local people, and have to be indigenized. This is the reason why adat still continues to play a role in every local context, even if it has been treated with suspicion in many parts of Indonesia since the Dutch colonial administration began using it as a counterforce against Islam in order to implement their divide-and-rule strategy. With this article, I wish to shed some light on the complexities of Acehnese culture, as it encompasses numerous very distinct local cultures and this reflects on the general significance of culture for the construction and reconstruction of post-tsunami Aceh.
In The Gentle Civilizer of Nations, I suggested that international law began in the 1860’s as part of liberal entrenchment in Europe as the clouds of nationalism, racism and socialism were rising in the political horizon. It began as a project of practicalmen, attorneys and lawyers active in politics and parliament, and not out of philosophical contemplation or system-construction. University professors were involved, but these were professors of something that was seen more as a craft than a science. What they aimed at was to "civilize" the behaviour of their nations, but also the colonies, and to do this by coordinating liberal legislative reform in Europe, by supporting formal empire in the colonies, and by doing all this as part of a set of cosmopolitan legal projects they grouped into their "international law" (Droit international, diritto internazionale, Völkerrecht). ...
At least since the 1980s, a scholarly debate on the very meaning of security has structured the field of (Critical) Security Studies to a large extent (see Working Paper #1). Today, many new concept such as human security and societal security are prominent anchors in academic and political debates directing our attention to the non-military aspects of security, in particular to the manifold insecurities people (and not only the state) face. The call for energy security is one prominent example...
Power and law in enlightened absolutism : Carl Gottlieb Svarez' theoretical and practical approach
(2012)
The term Enlightened Absolutism reflects a certain tension between its two components. This tension is in a way a continuation of the dichotomy between power on one hand and law on the other. The present paper shall provide an analysis of these two concepts from the perspective of Carl Gottlieb Svarez, who, in his position as a high-ranking Prussian civil servant and legal reformist, has had unparalleled influence on the legislative history of the
Prussian states towards the end of the 18th century. Working side-by-side with Johann Heinrich Casimir von Carmer, who held the post of Prussian minister of justice from 1779 to 1798, Svarez was able to make use of his talent for reforming and legislating. From 1780 to 1794 he was primarily responsible for the elaboration of the codification of the Prussian private law – the “Allgemeines Landrecht für die Preußischen Staaten” in 1794. In the present paper, Svarez’ approach to the relation between law and power shall be analysed on two different levels. Firstly, on a theoretical level, the reformist’s thoughts and reflections as laid down in his numerous works, papers and memorandums, shall be discussed. Secondly, on a practical level, the question of the extent to which he implemented his ideas in Prussian legal reality shall be explored.
While the general elections in Myanmar in November 2010 were widely condemned, both national and international actors approached the by-elections of April 2012 as a political rite-de-passage to improve relations between the government and the opposition inside, and between the former pariah state and the international community outside the country. An undercurrent to the government-led transition process from an authoritarian to a formally more democratic regime was the development of a politically oriented civil society that found ways to engage in the electoral process. This article describes the emerging spaces of election-related civil society activism in the forms of civic and voter education, national election observation, and election-related agency in the media. Noting that, in particular, election observation offers connections for civil society to regional and international debates, the paper draws preliminary conclusions about further developments ahead of the general elections in Myanmar expected for 2015.
Fundamental rights protection, once a side show, has become important for the EU, as proved by the newfound treaty recognition of the EU fundamental rights charter (CFREU), and the upcoming accession to the European Convention on Human Rights (ECHR). At the same time the fundamental rights situation in a considerable number of Member States is an increasing cause for concern. This has mostly been illustrated with reference to minorities and asylum seekers. However, recent reports of organizations like the Council of Europe, the OSCE and various NGOs have also highlighted serious problems with regard to media freedom, such as overt political influence, media concentration, disproportionate sanctions on journalists, misuse of counter-terrorism legislation against the press, deficient protection of journalistic sources and failure to investigate violence against reporters. ...
As recent newspaper headlines show the topic of patents/patent laws is still heavily disputed. In this paper I will approach this topic from a theoretical-historical and history of economic thought-perspective. In this regard I will link the patent controversy of the nineteenth century with Walter Eucken’s Ordoliberalism – a German version of neoliberalism. My paper is structured as follows: The second chapter provides the reader with a historical introduction. At the heart of this paragraph are the controversy and discourse on patent laws in nineteenth century Europe as well as the pro and contra arguments presented by the anti-patent/free-trade movement respectively by the advocates of patent protection. The focus of my paper is on the struggle for the protection of inventions and innovations in nineteenth century Germany, since Walter Eucken, main representative of the Freiburg School of Law and Economics, picks up the counter-arguments presented in the national debate and in particular by the Kongress deutscher Volkswirthe. The third chapter deals intensively with the question whether patent laws are just ‘nonsense upon stilts’ from an ordoliberal perspective. Here, Eucken’s arguments against the current patent system are elaborated in great detail. The paper ends with a summary of my main findings.
Im Mai 2008 verwüstete der Sturm Nargis über Myanmar/Burma hinweg, 140.000 Menschen wurden getötet. Das autokratisch regierte Land wies jedoch Katastrophenhilfe als innere Einmischung zurück und verweigerte die Einfuhr von Medikamenten und Lebensmitteln. Der französische Außenminister Kouschner drängte angesichts dieser Situation die UN zum Handeln, auf Grundlage der Responsibility to Protect (kurz R2P).
Dieser Akt der Versicherheitlichung steht allerdings im Kontrast zur Medienberichterstattung, wie Gabi Schlag in diesem Papier untersucht. Besonders das Bildmaterial aus dem Katastrophengebiet erzählt eine andere Geschichte. Die Photos der Berichterstattung von BBC.com zum Thema bilden ein visuelles Narrativ, welches keine Hilfsbedürftigkeit suggeriert, sondern kontrolliertes, besonnenes Vorgehen der lokalen Kräfte. Dieser Kontrast verweist auf die sprichwörtliche Macht der Bilder, welche die jeweiligen Bedingungen von Handlungsmöglichkeiten vorstrukturieren.
Japheth Omojuwa is the Editor of AfricanLiberty.org for Atlas Economic Research Institute United States and also founder and curator of www.omojuwa.com, one of the most popular web pages in Nigeria. As a crucial part of the Occupy Nigeria movement, Japheth consults for local and international organisations and, with well over 42,000 followers on Twitter, has a significant influence on young people. Japheth is a member of the World Economic Forum’s Global Shapers and well published in local and international media. Currently, he is working on the Green Deal Nigeria project: this is how I got to know him on a panel discussion at the Heinricht-Böll-Stiftung in Berlin, and Japheth immediately agreed to answer some questions for our Blog.
June 4th, 2013 marks the formal launch of the third generation of the Equator Principles (EP III) and the tenth anniversary of the EPs – enough reasons for evaluating the EPs initiative from an economic ethics and business ethics perspectives. In particular, this essay deals with the following questions: What are the EPs and where are they going? What has been achieved so far by the EPs? What are the strengths and weaknesses of the EPs? Which necessary reform steps need to be adopted in order to further strengthen the EPs framework? Can the EPs be regarded as a role-model in the field of sustainable finance and CSR? The paper is structured as follows: The first chapter defines the term EPs and introduces the keywords related to the EPs framework. The second chapter gives a brief overview of the history of the EPs. The third chapter discusses the Equator Principles Association, the governing, administering, and managing institution behind the EPs. The fourth chapter summarizes the main features and characteristics of the newly released third generation of the EPs. The fifth chapter critically evaluates the EP III from an economic ethics and business ethics perspectives. The paper concludes with a summary of the main findings.
Between the 12th and 16th centuries the Hanseatic merchants obtained extremely important privileges from the rulers of the countries with whom they traded. These secured their commercial and legal status and the autonomy of their staples in Flanders, England, Norway, Denmark and Russia. Within these privileges no other subject receives so extensive a treatment as court procedure. Here, the single most important concern of the Hanseatic merchants was their position in front of alien courts. The article analyses the great attention given to court procedure in the twenty main Hanseatic privileges: What did the merchants require? Which procedural rules were necessary to encourage them to submit their disputes to alien public court instead of taking the matter into their own hands and turning to extra-judicial methods to resolve matters, e.g. cancellation of business relations, boycotts or even trade wars? This analysis suggests that the two most important concerns reflected in the procedural rules were to avoid delay to the next trading trip and to ensure a rational law of proof. The former was addressed by pressing for short-term scheduling and swift judgment and by the dispensation from appearing before the court in person. The latter included avoidance of duels and other ordeals and the attempt to obtain parity by appointing half of the jurors from Hanseatic cities.
This paper analyzes the inherent dangers of paternalist economic policies associated with the newly established economic sub-disciplines of behavioral economics, economic happiness research and economic psychology. While the authors in general welcome these sub-disciplines for enriching and critically evaluating mainstream economics – especially their criticism of the Homo oeconomicus-heuristic is of great value contributing to a more realistic idea of man –, the political-economic implications as well as inherent risks of paternalist economic policies should be received with concern and thus be subject to a critical review. The paper is structured as follows: In the first step, we recapitulate Kahneman’s, Thaler/Sunstein’s, and Layard’s versions of paternalism pointing at similarities and differences alike. We contrast libertarian or soft paternalism of behavioral economics (Thaler/Sunstein) and economic psychology (Kahneman) with (Layard’s) happiness economics and its hard paternalism. In the second step, we analyze the political and economic implications and consequences of paternalism. We give an overview of the main points of criticism of paternalism from a constitutional economics perspective. The Ordnungs- vs. Prozesspolitik argument is discussed as well as epistemological, political-economic or idea of man arguments. The paper ends with some concluding remarks.
As police with tear gas and water cannons fuel unrest across Turkey, it seems that many eyes are wearily cast over Europe’s favourite neighbour, soon to join the list of potentially unstable Middle-East nations. Yet even as Erdogan’s messy power play brings Turkey’s democratic survivability into question, the nation’s solar energy industry is breaking new ground and massive nuclear power capacity is quietly being prepared to relieve the nation’s energy import dependency. In Brazil, riots breaking out over a transport price hike reflect the pressures of inflation and widespread corruption: an outburst fuelled by a long history of mismanagement and ineffective policy at state and federal levels. Nevertheless, big plans are underway for the expanding of Brazil’s power grid, set to underwrite national economic growth into 2030 and beyond. Behind these gruelling scenes of democratic upheaval, lie two distinct cases of energy policy in the making, in spite of overt political turmoil. This post highlights two instances of critical energy policy, unfolding behind the scenes.
“We shall bring victory”. Those were the words of sheik Hassan Nasrallah, leader of Hezbollah, on 25 may 2013. Usually these words would be directed at Israel, the sworn enemy of the Lebanese movement. But this time Nasrallah was referring to the fighting in Syria. That night Hezbollah explicitly chose to side with the Syrian government in her fight against the rebels in the ongoing civil war. Why does the Shia Islamic and pro-Iranian Hezbollah stand so firmly alongside the secular Arab nationalist regime of Bashar al-Assad? What are the consequences for Lebanon and what does the interference of Hezbollah tell us about the balance of power in the small and deeply divided neighbouring country of Syria?
The G20 summit starting today will be overshadowed by the Syrian crisis. Wolfgang Seibel assesses that,while Germany and Russia share a common history that has shaped their relationship as well as close and crucial economiclinkages, their worldviews are incompatible – international problem-solvingvs. prioritizing geopolitical interests. The question is, in light of the crisis in Syria, are German foreign policymakers in a position to influence Russian key-players?
Following Foucault's analysis of German Neoliberalism (Ordoliberalism) and his thesis of ambiguity, this paper introduces a two-level distinction between individual and regulatory ethics. In particular, its aim is to reassess the importance of individual ethics in the conceptual framework of Ordoliberalism. The individual ethics of Ordoliberalism is based on the heritage of Judeo-Christian values and the Kantian individual liberty and responsibility. The regulatory or formal-institutional ethics of Ordoliberalism which has so far received most attention on the contrary refers to the institutional and legal framework of a socio-economic order. By distinguishing these two dimensions of ethics incorporated in German Neoliberalism, it is feasible to distinguish different varieties of neoliberalism and to link Ordoliberalism to modern economic ethics.
Variations and disparities between von Hayek and Ordoliberalism can be detected on diverse levels: 1. philosophy of science; 2. setting dissimilar priorities; 3. social philosophy; 4. genesis of norms; and, 5. notion of freedom. Therefore, it is possible to make an important distinction within neoliberalism itself, which contains at least two factions: von Hayek’s evolutionary liberalism, and German Ordoliberalism. The following essay not only takes the neoliberal separation of different varieties as granted; it proceeds further. It focuses on the topic of justice and elaborates the (slightly) differing conceptions of justice within neoliberalism. Thus, the specific contribution of the paper is that it adds a sixth dimension of differences (which is highly interconnected with the differing conceptions of genesis of norms). In this paper, I emphasize the (often neglected) subtle differences between von Hayek, Eucken, Röpke, and Rüstow, with special emphasis on their theories of justice. In this regard, I focus not only on Eucken and von Hayek; in addition, I include the concepts of justice developed by Rüstow and Röpke, as well, and, in consequence, broaden the perspective incorporating Eucken as a member of the Freiburg School of Law and Economics, and Rüstow and Röpke as representatives of Ordoliberalism in the wider sense. The paper tackles these topics in three steps. After briefly examining and discussing the existing literature and providing a literature overview on the decade-long debate on von Hayek and Ordoliberalism, I then describe von Hayek’s conception of commutative justice; particularly, justice of rules and procedures (rather than end-state justice). Then, I examine Eucken’s, Rüstow’s, and Röpke’s theories of justice, which consist of a mixture of commutative and distributive justice. Then, I draw a comparison between the ideas of justice developed by Eucken, Röpke, Rüstow, and von Hayek. The essay ends with a summary of my main findings.
4 June 2013 marked the formal launch of the third generation of the Equator Principles (EP III) and the tenth anniversary of the EPs – enough reasons for evaluating the EPs initiative from an economic ethics and business ethics perspective. This chapter deals with the following questions: What has been achieved so far by the EPs? Which reform steps need to be adopted to further strengthen the EPs framework? Can the EPs be regarded as a role model in the field of sustainable finance and CSR? The first part explains the term EPs and introduces the keywords related to the EPs framework. The second part summarises the main characteristics of the newly-released third generation of the EPs. The third part critically evaluates EP III from an economic ethical and business ethics perspective. The chapter concludes with a summary of the main findings.
The study of civilization is one of the core subjects of international legal history. This is no recent development. Jörg Fisch published his seminal work "Die Europäische Expansion und das Völkerrecht" in 1984, the same year in which Gerrit W. Gong presented his renowned "Standard of Civilization". Today, the more recent works by Martti Koskenniemi and Antony Anghie probably represent the most influential research in this field. What all these path breaking works have in common is that they discuss concepts of civilization in international law especially with regard to its function as providing justification narratives for the European/non-European unequal relations, in particular in the 19th century. ...
Our most recent podcast: We were able to talk to the Japanese culturalanthropologist Mihara Ryôtarô while he visited Frankfurt in July for a talkon the Coool Japan Initiative [link]. As we have written on K-Pop in the past,we were very interested to talk about this kind of export promotion ofcultural goods as a foreign policy strategy: Do export subsidies of J-Popartifacts really promote Japanese soft power in the region? What are thedangers of promoting certain images of Japanese-ness? And is fried sushireally cool?
Noumenal Power
(2014)
In political or social philosophy, we speak about power all the time. Yet the meaning of this important concept is rarely made explicit, especially in the context of normative discussions. But as with many other concepts, once one considers it more closely, fundamental problems arise, such as whether a power relation is necessarily a relation of subordination and domination. In the following, I suggest a novel understanding of what power is and what it means to exercise it.
With its broad spectrum of cults and coexisting religions Graeco-Roman antiquity seems, at first glance, to be the embodiment of religious freedom. Yet, a closer analysis shows that a concept of tolerance or the idea of religious freedom did not exist. Political institutions could easily suppress religious practices that were regarded as offensive. Fighting against the oppression of Christians appears to have increased under the influence of oecumenical paganism during the reign of the Severans. In this time, the Christian thinkerTertullian discovered and articulated the concept of religious freedom. However, he did not do so emphatically and the concept was not very successful in antiquity. With the Christianization of the Roman Empire it disappeared soon, although its rediscovery in later epochs contributed heavily to the formation of the European norm of religious freedom.
Expressivist theories of punishment, according to which a penal sanction articulates or expresses a certain meaning to the offender, to the victim and to society, become more and more prominent among the traditional theories of punishment as retribution or deterrence. What these theories have in common is the idea that the conveyance of the meaning is in need of a communicative action, and that the penal sanction is such a communicative act. This article argues that pure communicative theories of punishment face great difficulties in generating any justification for hard treatment. One challenge is that certain types of sanctions – in particularly, hard treatment – restrict the communicative opportunities of the incarcerated individual; which generates a paradox, in that it turns punishment into a communicative action of non-communication. Beyond that, moreover, all practices of hard treatment potentially become unnecessary, if expressing the moral message of censure constitutes a kind of action in itself, and as such, itself a treatment of the offender, embedded in a communicative relationship between offender, victim and society; such that we may be able to think of the history of punishment as a development where hard treatment becomes more and more unnecessary for the conveyance of the message.
Part IV of our series "Cyberpeace: Dimensionen eines Gegenentwurfs" on cyberpeace. Matthias Schulze argues that what some perceive as cyberwar is not actually war but rather cyber conflict. The question therefore arises if this conflict will ever be solved. Ben Kamis on the other hand identifies motives in the use of language. He argues that talking about cyberpeace reinforces the impression that we are right in the middle of a cyberwar. I would not agree with that. As Johan Galtung puts it: “The use of the term ‘peace’ may in itself be peace-productive” (Galtung 1969: 167). But how do we define cyberpeace? Who should define it and how do we pursue it?...
How to abolish cyberwar
(2014)
Part III of our series "Cyberpeace: Dimensionen eines Gegenentwurfs" on cyberpeace: Cyberwar is like a discursive plague. After years and years of writing texts about it and against it, the concept is still scary, still spreading, still harmful. Its power is such that it is not simply being used in discourse – but is in fact forcing its specific discursive structures and rules on us. In short, we may keep questioning this concept, but we will never get rid of it...
“WAR IS PEACE, FREEDOM IS SLAVERY, AND IGNORANCE IS STRENGTH”. The slogan from George Orwell’s “1984” dystopia appears to capture the state of Russia’s 2014 official discourse quite accurately. This has not gone unnoticed by public and academic spectators in and outside Russia: while Bild magazine is counting Putin’s lies in his recent ARD interview, a Zeit article declares Russia itself to be a post-modern “lie”...
Does the rotten child spoil his companion? : spatial peer effects among children in rural India
(2014)
This paper identifies the effect of neighborhood peer groups on childhood skill acquisition using observational data. We incorporate spatial peer interaction, defined as a child's nearest geographical neighbors, into a production function of child cognitive development in Andhra Pradesh, India. Our peer group definition takes the form of networks, whose structure allows us to identify endogenous peer effects and contextual effects separately. We exploit variation over time to avoid confounding correlated with social effects. Our results suggest that spatial peer and neighborhood effects are strongly positively associated with a child's cognitive skill formation. Further, we explore the effect of peer groups in helping to provide insurance against the negative impact of idiosyncratic shocks to child learning. We find that the data reject full risk-sharing, but cannot rule out the existence of partial risk-sharing on behalf of peers. We show that peer effects are robust to different specifications of peer interactions and investigate the sensitivity of our estimates to potential misspecification of the network structure using Monte Carlo experiments.
A second Yalta
(2014)
The bloody rebellion in Syria has aroused hostilities between Sunni and Shiite Muslims, a religious conflict that dates back to the first Muslim civilwar and the Battle of Siffin in 657 AD which took place on the banks of the Euphrates river, in what is now Ar-Raqqah, Syria. Today we see how the conflict is again spreading from Syria to the rest of the Middle East in places like Tripoli in Libanon, Falludscha in Iraq and Sad’ah in Yemen. But how did it come to this?
This note offers reflections on qualified market access (QMA) - the practice of linking trade agreements to values such as human rights, labour standards, or environmental protection. This idea has been suggested by political theorists as a way of fulfilling our duties to the global poor and of making the global economic system more just, and it has influenced a number of concrete policies, such as European Union (EU) trade policies. Yet, in order to assess its merits tout court, different perspectives and disciplines need to be brought together, such as international law, economics, political science, and philosophy. It is also worth reflecting on existing practices, such as those of the EU. This note summarises some insights about QMA by drawing such research together and considers the areas in which further research is needed, whilst reflecting also on the merits of interdisciplinary exchanges on such topics.
This country report was prepared for the 19th World Congress of the International Academy of Comparative Law in Vienna in 2014. It is structured as a questionnaire and provides an overview of the legal framework for Free and Open Source Software (FOSS) and other alternative license models like (e.g.) Creative Commons under German law. The first set of questions addresses the applicable statutory provisions and the reported case law in this area. The second section concerns contractual issues, in particular with regard to the interpretation and validity of open content licenses. The third section deals with copyright aspects of open content models, for example regarding revocation rights and rights to equitable remuneration. The final set of questions pertains to patent, trademark and competition law issues of open content licenses.
Freiburg School of Law and Economics, Freiburg (Lehrstuhl-)Tradition and the Genesis of Norms
(2014)
The paper analyzes the parallels and differences between the Freiburg School of Law and Economics represented by the works of Eucken (and Röpke) and the Freiburg (Lehrstuhl-)Tradition represented by the works of Hayek and Vanberg. The parallels are illustrated by making use of the constitutional economics concepts Ordnungspolitik (i.e., order of rules/choices over rules) as well as freedom of privileges and discrimination. The differences, which have received surprisingly little attention, include the following aspects: 1. philosophy of science and epistemology, 2. genesis of norms, and 3. political philosophy. The paper tackles these issues in three steps. The second chapter presents Vanberg’s constitutional economics theory with special emphasis on the concepts of citizen sovereignty and normative individualism. The third chapter reviews the ordoliberal concepts of science and the state which are – to a certain degree – elitist and expertocratic, that is, they rely to a considerable degree on intellectual experts (in particular, scientists) being part of the societal elite. The fourth chapter differentiates two kinds of genesis of norms: an evolutionary one and an elitist-expertocratic one allowing for a differentiation between Eucken’s and Röpke’s Ordoliberalism on the on the hand and Vanberg’s Hayekian -- and Buchanan-style constitutional economics approach on the other hand. The paper ends with a summary of the main findings.
The article introduces a research project financed by the Academy of Sciences and Literature Mainz began in 2013 and will extend over an 18-year period. It aims at producing a historical-semantic dictionary elucidating central terms of the School of Salamanca's discourses and their significance for modern political theory and jurisprudence. The project's fundament will be a digital corpus of important texts from the School of Salamanca which will be linked up with the dictionary's online version. By making the source corpus accessible in searchable full text (as well as in high quality digital images), the project is creating a new research tool with exciting possibilities for further investigations. The dictionary will be a valuable source of information for the interdisciplinary research carried out in this field.
How to write (international) legal histories that would be true to their protagonists while simultaneously relevant to present audiences? Most of us would also want to write "critically" – that is to say, at least by aiming to avoid Eurocentrism, hagiography and commitment to an altogether old-fashioned view of international law as an instrument of progress. Hence we write today our histories "in context". But this cannot be all. Framing the relevant "context" is only possible by drawing upon more or less conscious jurisprudential and political preferences. Should attention be focused on academic debates, military power, class structures or assumptions about the longue durée? Such choices determine for us what we think of as relevant "contexts", and engage us as participants in large conversations about law and power that are not only about what once "was" but also what there will be in the future.
Political theology’s recent rise to academic prominence has, no doubt, been inspired by the sense of a certain staleness of standard (read: Anglo-American) analytical political and legal theory. Especially postcolonial and postmodern philosophy has resuscitated debates about the reality of secularization in Europe, pointing out that much of our shared political metaphysic is indeed that – a metaphysic – with close historical links to debates in theology. That should be no surprise. For almost half a millennium theology stood as the primus inter pares among the three "higher faculties" at European universities. The best minds at work in Europe explained the social and political changes to European audiences within a fully God-centric intellectual universe. Awareness of that fact, as Wim Decock points out in this massive and brilliant work, not only assists us in understanding the development of our political and legal vocabularies. It also enables us to grasp the contingency of our present debates, the way opposite standpoints on political and legal obligation refer back to assumptions about human nature, the roles of individual and society and the nature of "law" that are hard to detach from religious speculation. ...
On 11 February, the World Fought back against Mass Surveillance. See those capital letters? They denote Things that Matter – somehow. We don’t necessarily know who ‘We’ are, what the ‘World’ is, nor whether the Mass Surveillance We’re against is the big and sexy kind run by acronymized (foreign) government agencies that We all recently learned about through Edward Snowden or the everyday kind conducted by means of cookies, computer profiles and GPS data we all send to whomever is watching in the course of a normal day’s activities, like checking Facebook, leaving the house to buy some bread or sending family pictures over the holidays via email. But ‘We’ ‘Fought’ ‘Them’, or maybe ‘It’.
Out of area or out of business?: the bourgeois parochialism of international studies conferences
(2014)
Most face-to-face interaction with other IR types happens at conferences, and it’s easy to break conferences down by profile and inclusiveness. The ISA annual conference is supposed to rate pretty highly on both, and almost everyone has been a few times by the end of their post-grad careers. Then there are the conferences that are high profile but less inclusive. APSA, BISA, the ISA regional conferences, and the newly constituted EISA are fairly high profile in that most IR professionals have heard of them, but they’re less inclusive in that few of us would cross broad bodies of water and long customs lines to participate...
Trust me, I’m an expert
(2014)
Given such phenomena as the dramatic leaks of the last decade, the vibrantand inflammatory discourse about ‘cyberwar’ and the conflation of the Anti-Counterfeiting Trade Agreement with the ‘backbone of the European economy’, regulation of what the Internet is supposed to be and what people are allowed to do in it is always and everywhere about security, whether users like it or not. And that regulation comes from people, special people we like to think of as experts.
With the current conflict in Gaza going full tilt, the usual questions have popped up: Who is to blame, what is everyone’s motivation and strategy, how to stop the bloodshed, how to end the conflict. And as usual, the two-state solution, i.e. two separate, sovereign states within the borders of the 1949 armistice agreement, keeps popping up as a purported solution. This is especially prominent in the statements of politicians in countries not directly involved in the conflict. Countries that at least claim to want to help end the conflict, be it through mediation or other diplomatic measures. But for those countries, the two-state solution has become an idea to hide behind. It does not help solve the conflict, neither in the short- nor mid-term. Clinging to the idea merely prolongs the status quo. However, it does allow the rest of the world to avoid facing the facts, which would force them to reevaluate their position on who to support and actually do something about the conflict as it currently is. But it’s high time we face the music and admit it: The two-state solution is no longer a viable option when it comes to mediating this conflict...
The role of social groups in making historical events succeed takes shape according to two important factors: Their ability to change and the kind of their contribution to the development of that change in a way or another. The role of social groups especially emerges at times of revolutions and their subsequent changes on the political, socioeconomic and even intellectual levels. The most active and capable group to achieve change is the group of youth and students. In the revolutionary movements in Latin America, for instance, students prominently contributed to the fall down of long-lasting totalitarian dictatorships such in Chile, Brazil and Argentina. In the Arab uprisings in 2010-2011, students‘ roles varied from one country to another based on three axes of context, networks and contentious practices. This article expands on the role of Egyptian student movement in thriving for change despite the intensified restrictions by the state and how it continued its protest under repressive circumstances as a political actor...
Political rationality as a theory is important in its own right. Government leaders must calculate political costs such as the resources needed to generate support for a policy, the implications of a policy decision for re-election, and the possibility of provoking hostility for decisions not well received. Bounded rationality approach has yielded an enhanced understanding of how government organizations may produce unexpected or even unpredicted policy or program results. With public organizations not operating under full rationality conditions, administrators aspiring toward rationality may nonetheless find their goals undermined by a variety of forces, such as informational uncertainties and non-rational elements of organisational decision-making...
The burning of the Jordan pilot Muath al-Kasasbeh created a worldwide outcry, which was noticeably vocal in the Islamic world. Not only were we able to see people taken to the streets, we could also witness an utter condemnation of this act by prominent religious institutions like al-Azhar. Moreover, even before this terrific event the so called Islamic State (IS) has been criticized on various occasions by prominent Muslim scholars. The common trope these statements share is that despite its name, IS does not represent “true Islam”. The most prominent document in this regard surely is the open letter, which was addressed to Abu Bakr al-Baghdadi, the self-proclaimed “caliph” of IS, signed by 174 prominent Muslim figures and spokespersons from all over the world and which has been translated into multiple languages. The Facebook group that formed around this letter has currently reached over 100.000 likes and has developed into a hub for people from all over the world, who oppose IS ideology from a Muslim perspective. Although there has been some media coverage mentioning the publication of the letter, its actual contents have not been discussed very much in detail so far. So what does the document actually say?
Asymmetric conflicts in which rule is contested by non-state actors are often interpreted as a destabilization of order. This also holds true for the case of IS. Indeed, it cannot be denied that its transnational “jihad” has contributed to destabilizing a whole region. On the other hand, it has been repeatedly noted that IS has – within the territory it controls – established an alternative order offering stability. At least for those who fit in the worldview of the wannabe-caliphate. As reported by inhabitants of its powerhouse Raqqa, IS does not only create obedience by force but also by providing administration, workplaces and public services. Or as Benham T. Said put it, some few Arabs “associate an Islamic state with notions of justice, stability and prosperity”...
Adam Smith formulated a fundamental critique of economic growth in his philosophical oeuvre The Theory of Moral Sentiments, published in the year 1759. What might seem to be irony concerning the history of ideas – irony in the sense of the exclamation “he of all people” – is actually not irony at all. Smith wrote a substantial review of Rousseau’s Second Discourse, referring to Rousseau’s critique of commercial society. Additionally, one of the principal topics of Rousseau’s critique, the deformation of fundamental needs to passions in service of the satisfaction of self-love, is a major subject in Smith’s Theory of Moral Sentiments. But whereas Rousseau suggests egalitarian politics, Smith proposes individual stoicism: “In ease of body and peace of mind, all the different ranks of life are nearly upon a level, and the beggar, who suns himself by the side of the highway, possesses that security which kings are fighting for.” Nevertheless, both authors and analysts of pre-capitalist society identify the difference between fundamental needs and desires as having been born out of comparison as both a source of unhappiness and of economic development.
Challenging voluntary CSR-initiatives – a case study on the effectiveness of the Equator Principles
(2015)
The Equator Principles (EPs) are a voluntary and self-regulatory Corporate Social Responsibility (CSR) initiative in the field of project finance. The EPs provide a number of principles to businesses to reduce the negative impacts of lending practices linked to environment-damaging projects. The paper argues that the actual impact of the EPs even now as revised version is still limited. This is due to their voluntary nature and their lack of adequate governance mechanisms, that is, enforcement, monitoring and sanctioning. With the help of RepRisk, which provides a database capturing third-party criticism as well as a company’s or project’s exposure to controversial socio-environmental issues, the paper evaluates the on-the-ground performances of the two ‘Equator banks’ Barclays and JPMorgan Chase and compares their performance with the one of the two non-Equator banks Deutsche Bank and UBS. The paper shows that the EPs do not have a substantial influence on the broader CSR-performance of multinational banks due to the EPs’ limited scope – focusing mainly on project finance – and the (still) existing various loopholes, grey areas and discretionary leeway. The paper also gives an overview of the main institutional shortcomings of the EPs and their association and discusses some potential reform steps which should be taken to further strengthen and ‘harden’ this ‘soft law’ EP-framework. The paper thus argues in favor of (more) mandatory and legally binding rules and standards at the transnational level to overcome the EPs’ ‘voluntariness bias’.
Part IV of our series on ISIS : "Blogforum 'Kalifat des Terrors: Interdisziplinäre Perspektiven auf den Islamischen Staat".
One element within US counter-terrorism strategies is “reducing terrorist group cohesion”, as the think tank RAND recommends in one of its reports. The Combating Terrorism Center at West Point (CTC) puts these recommendations into actions. Reports like ”Cracks in the Foundation” or ”Dysfunction and Decline” vividly depict the internal disagreement and disunity between al-Qaeda central (AQ) and its regional affiliates, most of all AQ in Iraq (AQI). Albeit these reports are drafted by pundits and certainly provide meaningful and often rare insights into the inner life of the global jihadi movement, they also serve another purpose: to deliberately amplify the very same trend they describe: disunity...
ISIS' politics of sex
(2015)
Part III of our series on ISIS : "Blogforum 'Kalifat des Terrors: Interdisziplinäre Perspektiven auf den Islamischen Staat#".
In the late summer of 2014, the international community watched helplessly as ISIS unleashed widespread serious human rights violations against civilians across Syria and Iraq. Of note, were the different forms of sexual abuse initially directed against women from the Yazidi community of Sinjar, but rapidly expanded to women from many regions and backgrounds. Far from being attributable to isolated incidents or to the behavior of a few individuals, the abuses were, and continue to be, part of the “sexual politics” implemented by ISIS in all “wilayas” (regions) under its control and endorsed by its military hierarchy. The abuses represent a clear example of the use of rape as a weapon of war, based on the “theology of sexuality” in a war zone. Fatwas and theological arguments inspired by the medieval practices of historical Muslim armies provide the justification for the policies and practices.
Part II of our series on ISIS : Blogforum "Kalifat des Terrors: Interdisziplinäre Perspektiven auf den Islamischen Staat"
On Thursday January 15, only a week after the bloodyattacks in Paris by the Kouachi brothers and AmedyCoulibali, Belgium was on high alert. In a raid carriedout by police and security forces in the small villageof Verviers, two alleged terrorists were shot dead, a third suspect wasarrested. The action was part of a larger operation carried out throughout thecountry to prevent imminent attacks by a group of Islamists, some of whomwere directly tied to the war in Syria and Iraq. In the days that followed itbecame clear that the prevented attacks probably were aimed at a highranking police official. The terror threat level was subsequently raised tolevel three, indicating that the threat of attacks was imminent. What makesBelgium such a hub for Jihadis?..
This is the first article in our series on refugees.Attempts to address the current crisis often seek to make distinctions between ‘refugees’ and ‘migrants’ and between refugees / migrants and citizens. But, I suggest, these distinctions are part of the problem. Part of the solution is to rethink our histories of ‘national states’ – and the rights and claims they enable – through a ‘connected sociologies’ approach that acknowledges the shared histories that bring states and colonies together....
After five years of the Syrian war, we can recognize “four” conflicting parties on the ground – Assad, ISIS, rebel groups and the Kurds. Each one of these conflicting parties has regional and international backers, who ironically do not agree with each other about whom they are fighting for or against. The Syrian regime is backed by Iran, Russia, Hezbollah and Iraqi militias. ISIS is backed by the flood of global Jihadists from all over the world. Rebel groups are backed by Gulf States, Turkey, Jordan and the US. The Kurds are supported by the US. While in the media, we always say “the Syrian conflict, crisis or war”, I wonder what makes this war that much Syrian. It is rather a war on the land of Syria, in which more than 50% of Syria’s population have been displaced, over 220 thousand have been killed, and many more have been injured or imprisoned. According to Amnesty international, more than 12.8 million Syrian people are in “urgent need of humanitarian assistance”. In addition to this humanitarian catastrophe, most of the Syrian land and infrastructure have been destroyed. So what is that Syrian about the Syrian “war”?...
This is the seventh article in our series on refugees. This article deals with the accommodation of Syrian refugees living in Germany. Based on my personal experience living in a refugee camp („Heim“) in the city of Cologne (Köln), and based on relevant literature, the article will, firstly, address the different types of temporary residences for refugees in Germany, and, secondly, the process through which refugees pass while looking for a permanent accommodation. Thirdly, and most importantly, the article discusses the ongoing shift within Köln’s urban and social structure in the light of the emerging resettlement of refugees. Although the urban structure of Köln, like many other German cities, has a certain level of urban segregation manifested in the settlement of immigrant communities (Friedrichs 1998, p.1), I argue that, on the contrary, the resettlement of Syrian refugees shows coherence and dispersion. The article is accompanied by a mapping survey that investigates on the spatial aspect of the accommodation distribution...
The text reframes the current debate about refugees in Germany by contrasting Germany’s recent history of racist violence and limitations of asylum laws with the resistance and agency of refugee movements across Germany. Both provide an important lens to re-examine the simultaneous heralding of „welcome culture“, a sharp rise in arson attacks on asylum centres and the current legislative roll-back of refugee rights in Germany.
This is the eleventh article in our series on refugees. I came to Frankfurt four months ago. Before that, I had lived in Trentino, Italy, for 14 years. But with the European economic crisis, everything has become difficult; I finally lost my job and decided to go to Germany to give it a new try. Everybody knows that in Germany there are much better chances to get work because the economy doesn’t have such big problems like in Italy, Greece and Spain...
Last November, the media organisation of the „Islamic State“ (IS) published a video, the sole purpose of which was to prove that the „caliphate“ which the IS has established in June 2014 was in fact a proper state. The video highlighted a host of institutions in order to drive home the claim of real statehood, including examples like a working judiciary, a prison administration, a schooling system, and so on. At one point in the video, the IS claimed that it was also financially independent and had apt resources at its disposal, namely oil and gas.
However, while it is true that the IS controls a number of oil and gas fields in Syria as well as in Iraq, we have by now enough evidence to be rather sure that the economic base of the „caliphate“ is by no means sustainable...
Persons traveling to participate in foreign conflicts by no means constitute a new phenomenon that is intrinsically tied to the ‘Islamic State’ (‘IS’). However, law enforcement agencies all over the world increasingly focus on foreign fighters travelling to Syria and Iraq due to a considerable rise in their number as well as the perceived threat they pose upon their return. Currently, around 650 German residents and citizens have travelled to the region to support jihadist groups such as the ‘IS’.
Part VI of our series on ISIS : "Blogforum 'Kalifat des Terrors: Interdisziplinäre Perspektiven auf den Islamischen Staat".
In 2014, two insurgency organisations stood out by their expansion, success and brutality: The Islamic State (IS) and Boko Haram (BH). The former emerged from the conflicts in Syria and Iraq and became a major actor in the Middle East, its influence reaching beyond the borders of its self-proclaimed “caliphate”, while the latter spread its violence throughout north-eastern Nigeria, spilling over into Cameroon, Chad and Niger. Because of their still growing success, many wonder about a possible partnership between IS and BH. To this I answer that there is a connection, but no partnership. Currently, any evidence suggesting a partnership is circumstantial at best...
Practicing politics within religious frameworks is more likely to increase states‘ fragility. While employing religious references in political discourses could foster positive outcomes such as avoiding dangerous eruptions of violence under authoritarian regimes, it could also increase the space for political and religious elites to instrumentalise religion for their own interests. Such patterns of instrumentalisation are more common in the Middle East; especially the dominant religion in the region is Islam, which enjoys a decentralised mode of function...
Religion in the Middle East seems to define allies and enemies inside and outside the political borders. On the one hand, Shiite Iran is allies with the Iraqi government, the Houthi rebels in Yemen, Hezbollah in Lebanon, revolutionary forces in Bahrain and the Syrian regime. On the other hand, Sunni Saudi Arabia and other Gulf States, Egypt, Turkey and Sunni elements in the region form an alliance against what they call the expansion of the Iranian influence. There is an unmistaken pattern of alliance in the Middle East, in which states, monarchies and forces seem to define their allies and enemies based on sectarian dimensions, and by which we witness a minority oppressing a majority when it is possible and vice versa across the Middle East including Israel...
The prefix cyber, prepended onto terms like war, peace, security, and so on, results in interesting word combinations which we construct with our spoken language. Many scholars, from political to social science, have discussed the terms and the semantics of it in order to understand the problem and to create some scientific value out of it. But this article will not be another endless discussion on whether cyberfoo exists somewhere in any computer network at the moment or not...