Palgrave Studies in Governance, Security, and Development Series Editor: Dietrich Jung of the Danish Institute for International Studies

Transcription

1 Sovereignty Games

2 Palgrave Studies in Governance, Security, and Development Series Editor: Dietrich Jung of the Danish Institute for International Studies This series contributes to the critical analysis of international affairs, linking the theoretical and the empirical, especially through comparative works. The focus is on three processes in international relations: governance involving both formal and informal institutions; security, meaning that of key actors in international society, with a focus on the distinctions and differences among security of and for individuals, groups, and states; and development, meaning the improvement of both political and economic conditions for individuals and groups. The links among the three will be a focus, which is pertinent given the interactions among them and among the levels of influence (from individual to global society). Also in the series: Aid Impact and Poverty Reduction Edited by Steen Folke and Henrik Nielson Democratization and Development: New Political Strategies for the Middle East Edited by Dietrich Jung Fragile States and Insecure People?: Violence, Security, and Statehood in the Twenty-First Century Edited by Louise Andersen, Bjørn Møller, and Finn Stepputat State Recognition and Democratization in Sub-Saharan Africa: A New Dawn for Traditional Authorities? Edited by Lars Buur and Helene Maria Kyed Religion, Politics, and Turkey s EU Accession Edited by Dietrich Jung and Catharina Raudvere Sovereignty Games: Instrumentalizing State Sovereignty in Europe and Beyond Edited by Rebecca Adler-Nissen and Thomas Gammeltoft-Hansen

3 Sovereignty Games Instrumentalizing State Sovereignty in Europe and Beyond Edited by Rebecca Adler-Nissen and Thomas Gammeltoft-Hansen

4 sovereignty GAMES Copyright Rebecca Adler-Nissen and Thomas Gammeltoft-Hansen, Softcover reprint of the hardcover 1st edition All rights reserved. First published in 2008 by PALGRAVE MACMILLAN in the United States a division of St. Martin s Press LLC, 175 Fifth Avenue, New York, NY Where this book is distributed in the UK, Europe and the rest of the world, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number , of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN ISBN (ebook) DOI / Library of Congress Cataloging-in-Publication Data Sovereignty games : instrumentalizing state sovereignty in Europe and beyond / edited by Rebecca Adler-Nissen and Thomas Gammeltoft-Hansen. p. cm. Includes bibliographical references and index. 1. Sovereignty Congresses. 2. European Union Politics and government. I. Adler-Nissen, Rebecca, 1979 II. Gammeltoft-Hansen, Thomas. JC327.S dc A catalogue record of the book is available from the British Library. Design by Newgen Imaging Systems (P) Ltd., Chennai, India. First edition: December

5 Contents List of Figures List of Contributors Acknowledgments vii ix xiii 1. An Introduction to Sovereignty Games 1 Thomas Gammeltoft-Hansen and Rebecca Adler-Nissen Part I Theoretical Perspectives 2. The Variety of Sovereignty 21 Neil Walker 3. Sovereignty Before and After the Linguistic Turn 33 Jens Bartelson 4. Playing with Sovereignty: Examples from the Theory and Practice of International Law 47 Ole Spiermann Part II Vertical Sovereignty Games 5. Play Money? Contemporary Perspectives on Monetary Sovereignty 63 Christoph W. Herrmann 6. Organized Duplicity? When States Opt Out of the European Union 81 Rebecca Adler-Nissen 7. Federalism, Confederalism, and Sovereignty Claims: Understanding the Democracy Game in the European Union 105 Andrew Glencross

6 vi CONTENTS Part III Horizontal Sovereignty Games 8. Sovereignty beyond Borders: Sovereignty, Self-Defense, and the Disciplining of States 129 Tanja E. Aalberts and Wouter G. Werner 9. Securing Sovereignty by Governing Security through Markets 151 Anna Leander 10. The Refugee, the Sovereign, and the Sea: European Union Interdiction Policies 171 Thomas Gammeltoft-Hansen 11. Epilogue: Three Layers of a Contested Concept 197 Rebecca Adler-Nissen and Thomas Gammeltoft-Hansen References 211 Index 235

7 Figures 6.1 The two-dimensional sovereignty game The entangled two-dimensional sovereignty game Three layers of sovereignty 206

8 Contributors Tanja E. Aalberts is assistant professor in international relations at the Department of Political Science, University of Leiden. Her primary research interests include the continuity and change in the sovereignty principle on which she wrote her thesis as well as the relation between politics and international law. Among her primary publications is The Future of Sovereignty in Multilevel Governance Europe A Constructivist Reading (Journal of Common Market Studies, 2004). In 2007, Tanja E. Aalberts was awarded the European Consortium for Political Research Jean Blondel PhD Prize for her thesis Politics of Sovereignty. Rebecca Adler-Nissen is a doctoral candidate at the Department of Political Science, University of Copenhagen. Her current research focuses on flexible integration in the EU, national opt-outs, socialisation in international organizations, and the transformation of diplomacy. Her recent publications include The Diplomacy of Opting Out: A Bourdieudian Approach to National Integration Strategies (Journal of Common Market Studies, 2008) and Behind the Scenes of Differentiated Integration (Journal of European Public Policy, 2009). She was awarded the Gold Medal of the University of Copenhagen for her coauthored treatise on democratic theory, hermeneutics, and the EU s Constitutional Treaty (Djøf, 2005). Jens Bartelson is professor of international relations at the Department of Political Science, University of Lund. His fields of interest include international political theory, the history of political thought, political philosophy, and social theory. Jens Bartelson has written extensively about the concept of the sovereign state and the philosophical foundations of modern international relations. He is the author of A Genealogy of Sovereignty (Cambridge University Press, 1995), The Critique of the State (Cambridge University Press, 2001), as well as of articles in journals such as International Studies Quarterly, Political Theory, Review of International Studies, European Journal of International Relations, European Journal of International Law, and International Sociology.

9 x CONTRIBUTORS Thomas Gammeltoft-Hansen is a doctoral candidate at the Institute of Law, Aarhus University and the Danish Institute for International Studies (DIIS). His research focuses on the intersection between sovereignty and international refugee law, and he works on issues regarding migration management, EU asylum policy and the Danish EU opt-out on asylum and immigration. His recent publications include Extraterritorial Responsibility under International Refugee Law (in Gibney and Skogly, eds., Extraterritorial Obligations in International Law, UPP, forthcoming), The Extraterritorialisation of Asylum and the Advent of Protection Lite (in Guiraudon, ed., The International Politics of Immigration, Edward Elgar, 2008) and Filtering out the Risky Migrant (Amid, 2006). Besides his research, Thomas Gammeltoft-Hansen works as policy analyst for the Danish Refugee Council. Andrew Glencross holds a PhD from the European University Institute where he is currently a research fellow at the European Union Democracy Observatory. His research focuses on European integration, especially in comparison with the US experience of evolving federal arrangements, democratization, and constitutionalism. He has published articles on these topics in the journals Democratization and European Political Science. His other research interests include the concept and practice of political representation in the EU and its member states. Christoph W. Herrmann is assistant professor of European and international economic law at the University of Munich. He currently works on monetary sovereignty and individual rights, but he also publishes on EU law and WTO law. Among his publications are Monetary Sovereignty over the Euro and External Relations of the Euro Area (European Foreign Affairs Review, 2002) and Much ado about Pluto? The Unity of the Legal Order of the European Union Revisited (in Cremona and de Witte, eds., EU Foreign Relations Law: Constitutional Fundamentals, Hart, 2008). Anna Leander is associate professor at the Department of Intercultural Communication and Management, Copenhagen Business School and fellow at the Hansewissenschaftskolleg (Delmenhorst). Her research centres on the role of private authority and private military service provision in global politics. Currently she works on the commercialization of the use of force and has recently published Eroding State Authority? Private Military Companies and the Legitimate Use of Force (Centro Militare di Studi Strategici, 2006) and The Market for Force and Public Security (Journal of Peace Research, 2005), and she is co-editor of Constructivism and International Relations: Wendt and His critics (Routledge, 2006).

10 CONTRIBUTORS xi Ole Spiermann is professor in international law at the University of Copenhagen. His research encompasses a broad range of issues within international law, including international private law, EU law, human rights law, and constitutional law. He is the author of the most comprehensive Danish reference book on international law, Moderne Folkeret (2006, 3rd ed.), he was awarded the Gold Medal of the University of Copenhagen for his treatise on conceptualizations of sovereignty, Enten & Eller: Studier i suverænitetsbegreber (DJØF, 1995) and the 2007 Idman price for best Nordic treatise for his Cambridge doctoral thesis titled International Legal Argument in the Permanent Court of International Justice: The Rise of the International Judiciary (CUP, 2005). Neil Walker is Regius professor of public law at the University of Edinburgh. From 2002 to 2008, he was professor of law at the European University Institute. He has published numerous articles and books on EU law, aspects of sovereignty, constitutional theory, and questions of theory and method in the legal and political philosophical study of European integration. Among other books, he is the editor of Sovereignty in Transition (Hart, 2003), co-editor of The Paradox of Constitutionalism (OUP, 2007) and coauthor of Civilizing Security (CUP, 2007). He is currently completing a manuscript on the constitutional direction of the EU. Wouter G. Werner is professor of public international law at Vrije Universiteit Amsterdam. His main fields of research include the philosophical foundations of international law, the legal regime regulating the use of force, and the interplay between international law and international politics. As a scholar, he manages to complement legal theory with insights from international relations and sociology. He is the co-editor of Governance and International Legal Theory (Brill, 2004) and coauthor of The Endurance of Sovereignty (European Journal of International Relations, 2001).

11 Acknowledgments The idea for the present volume grew out of our common interest in sovereignty. This shared fascination led us to organize a conference on Sovereignty Games at University of Copenhagen, March 29 30, By bringing together both legal and political scholars working on different subject areas related to sovereignty, we had a unique chance to test and challenge our hypotheses across both disciplinary and material boundaries. The conference proved most stimulating and we would like to thank all the contributors for their enthusiastic participation and willingness to revise and submit their papers for the final book. We would like to acknowledge Morten Kelstrup and Marlene Wind for much encouragement and the research priority area Europe in Transition of the University of Copenhagen for financial support in realizing the conference. We would also like to thank the discussants at the conference, Morten Kelstrup, Ian Manners, Catharina Sørensen, and Frederik Rosén, for their fruitful comments and suggestions. Moreover, we are grateful for Virginie Guiraudon s inspired contribution throughout the conference and for Finn Stepputat s insightful comments to the introductory and concluding chapters. In particular, our warm thanks go to Stefano Guzzini from the Danish Institute for International Studies who chaired the concluding roundtable and from whose ideas and thoughts, the epilogue of the final book have substantially benefited. Furthermore, we would like to thank series editor Dietrich Jung from the Danish Institute of International Studies as well as the editorial team at Palgrave for believing in the project and great support in the publication process. A special acknowledgment is owed to Mathias Lydholm Rasmussen who throughout the project made a heroic effort in covering all the bases that allowed the editors to focus on the substance of the text. His skilled assistance was of immense value throughout the process. In addition, we express our thanks to Rikke Nørgaard for competent assistance with the index. June 2008 Rebecca Adler-Nissen and Thomas Gammeltoft-Hanser