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Article

Sabine Saurugger and Fabien Terpan

Considered an unusually powerful actor that has furthered European integration, the Court of Justice of the European Union (CJEU) has attracted considerable interest from both scholars and the public. Legal scholars and political scientists, as well as historians, have studied the Court in the context of it being one of the main actors in the integration process. Those that saw European integration as “integration through law” originally considered the Court to be the core element driving this process. The Court’s case law has influenced market integration, the balance of power among the EU’s institutions, and the “constitutional” boundaries between supranational and national competences. The pathbreaking rulings Costa vs. Enel and van Gend en Loos introduced new legal principles of direct effect and primacy in the 1960s; the 2007 Laval and Viking rulings triggered criticism of the Court’s decision, which was said to put the rights of companies above those of workers; whereas the Mangold ruling in 2005 on age discrimination was widely welcomed in spite of some negative reactions in Germany. Hence, while “integration through law” remains a powerful narrative in the academic field of European studies, the Court’s decisions and its role in the EU system have not remained unchallenged. This view of the Court as being less central to European integration is based on two developments in this field of study. On the one hand, research findings based on various analytical approaches—from rational choice to post-positivist—suggest that “integration through law” since the beginning of European integration has been a far less straightforward process than we have otherwise been led to believe. Scholars assert that the Court has been constrained by political, administrative, and constitutional counteractions since its establishment in 1952. On the other hand, scholars have identified a number of developments in the integration process from the early 1990s and the Maastricht Treaty, such as the increase in new modes of governance and intergovernmental decision-making, that explain why the Court’s role has come into question. Understanding these debates is crucial to grasping the broader institutional as well as political and legal developments of European integration.

Article

Oda van Cranenburgh

Democracy promotion in Africa became an increasingly important priority for Western donors in the late 1980s, with a growing normative consensus in support of democracy and human rights since that time. In practice, however, democracy promotion policies suffer from some flaws and inconsistencies and the nature of Africa’s hybrid and ambiguous regimes present severe challenges. The available evidence suggests that donor policies often reflect implicit concepts and theories that do not always reflect the reality on the ground. Moreover, since the turn of the millennium competing economic or strategic interests often trump the promotion of democracy and human rights. Significantly, donors do not always operate in the same way. More specifically, a review of recent activity suggests that donor governments tend to use a negative linkage strategy when they set conditions for economic aid and a positive linkage strategy when they support democratic institutions and processes. In both strategies, competitive elections occupy a central place. While this electoral focus entails limitations, the approach is marked by a clear focus and operationalization. By contrast, broader political approaches target human rights and the rule of law and strengthening of political institutions. These ambitious goals are difficult to achieve. Such policies work when they are based on adequate analysis of the specific institutional context, but they often run up against political challenges that are beyond the control of donors. The scholarship on democracy promotion agrees that positive change can be achieved where internal conditions are favorable and when policies take into account the specific political and institutional contexts in African countries. Broader long-term regime change, however, depends primarily on internal conditions, such as social and economic development, and requires donors to go beyond the “easy part” and address specific African contexts and specific institutional problems.

Article

Andrew Moravcsik

Liberal Intergovernmentalism (LI) is the contemporary “baseline” social scientific and historiographic theory of regional integration—especially as regards the European Union. It rests on three basic assumptions, which in turn support a three-stage theoretical model of integration and the elaboration of numerous distinctive causal mechanisms. Considerable historical and social scientific evidence supports the LI view, but room also remains for scholars to extend and elaborate its framework in promising ways. Three prominent criticisms of LI exist. Some scholars of “administrative politics” charge that it applies only to treaty-amending decisions and other rare circumstances. “Historical institutionalists” charge that it overlooks endogenous feedback from previous decisions. “Post-functionalists” and “constructivists” revive discredited claims from the 1960s that functional theories neglect the central role of identity claims and ideology in explaining national interests. While each criticism contains some truth, LI possesses rich theoretical resources with which to address them fruitfully and musters compelling evidence to support its empirical claims. This confirms LI’s preeminent role in scholarly debates and suggests a soberly optimistic future for European and regional integration.

Article

Robert Ralston and Ronald R. Krebs

The field of international relations has long focused on understanding and explaining the causes of war. In contrast, scholars have devoted relatively little attention to war’s consequences. However, scholarly literature on the consequences of violent conflict, including its effects on liberal democracy, has burgeoned and improved in recent decades, since the 1990s. Existing research shows that security threats, mobilization, and warfare are neither entirely negative nor entirely positive with respect to liberal democracy. On the one hand, in the short run, these pressures erode liberal institutions and values. On the other hand, large-scale mobilization and warfare—both interstate and civil—encourage broader and more intense participation at the individual level and strengthen participation’s structural foundations. However, despite recent advances, there remains much that we still do not know, which suggests promising avenues for future research. The existing literature has not sufficiently or systematically distinguished among the effects of threat/insecurity, mobilization, and warfare. It has been stronger on empirical findings than on developing the mid-range theories and causal mechanisms that would make sense of those findings. It has been firmer on conflict’s impact on individual attitudes and predilections than on how and when violence reshapes larger political processes and structures. It has had more to say about conflict’s short-run effects than its long-term effects, especially with respect to contestation. The impact of violent conflict on liberal democracy remains a rich soil for future research.

Article

The African Union (AU), an international organization comprising all 54 independent states in Africa and Western Sahara, was established in May 2001 to, among other things, promote regional integration, interstate solidarity, peace, good governance and to enhance the African voice in the global system. Pan-African organization is like the proverbial forest that has bad trees dotted around its many good trees. The AU has been very successful in addressing the needs of the African political class but it is yet to make a significant difference in the lives of many ordinary Africans. The importance of the pan-African organization to African political elite is such that they would have created it today if it did not already exist. The AU has socialized African leaders to accept liberal values as the foundation of international cooperation in Africa; enhanced the agency of African political class on the world stage; and established progressive and innovative rules and norms for the African continent. It has also created many useful decision-making structures that have contributed to the prevention, management, and resolution of conflicts in Africa. The AU has, however, been less successful in connecting its activities and programs to many ordinary Africans; providing common public goods and services valued by commoners in Africa; giving voice to the majority of young people in Africa; promoting intra-Africa trade, good governance, and financial independence of the African continent as well as struggled to address the expressed material needs and quotidian concerns of ordinary Africans.

Article

Ana E. Juncos and Karolina Pomorska

The European External Action Service, with its 140 delegations all over the world and its headquarters in Brussels is a unique institution, which has been likened to a state diplomatic service or EU ministry of foreign affairs. The composition of the EEAS and its functions have been the result of complex negotiations between the member states of the European Union and EU institutions. The ability of the EEAS to have an influence in the European Union’s foreign policy process and outcome is still a subject of controversy, not least because it co-exists with 28 national diplomatic services. The impact of the establishment of the EEAS on the emergence of a esprit de corps among its ranks and whether it has led to the transformation of European diplomacy as a result constitutes other key questions in existing scholarly debates.

Article

Government regulation of sexuality includes prohibitions on same-sex intimacy, formation of families, and related rights of LGBT+ people due to their sexual orientation or gender identities. Countries in the Global South tend to lag behind those in the Global North in the recognition of LGBT+ rights, which overall tend to expand incrementally over time in response to LGBT+ activism, diffusion of international norms, and national economic, political and social context. Basic civil rights, including legalization of same-sex intimacy and marriage, are often a necessary precondition for LGBT+ access to the political right to organize and mobilize as an interest group as well as other social rights, such as health care and parental rights. In the developing world, Argentina and South Africa have been regional leaders in LGBT+ rights, and Latin America countries have tended to broaden protections earlier than countries at similar levels of development in Sub-Saharan Africa or Asia. Overall, in the early 21st century, the landscape of LGBT+ civil rights changed rapidly, while some political and social rights still lag behind.

Article

International conflict—war, crises, international disputes, and rivalries between states—has a clear influence on the military’s role in politics and vice versa. Given that the military is the primary instrument for defending the state from conventional military threats, international conflict has been an early focus of the civil–military relations literature. Generally, very high levels of involvement in politics—for example, coups, military rule, military officers in high-level government positions—are associated with a greater propensity to initiate international conflict on the part of states. However, there is disagreement as to the reasons for this pattern—for example, preferences for aggression on the part of a politically active military, diversionary incentives for a coup-threatened civilian leader, or institutional pathologies brought on by shared civil–military power are all proffered as possible explanations. Politically active militaries tend to do poorly in conflict. There are two reasons for this. The first is the dysfunction endemic in a military that splits its time between politics and proficiency in arms—as opposed to one that specializes in defense. The second reason is that when the politically active military poses a risk of coup to the political leadership of the state, the latter will often engage in such “coup-proofing” practices as purges, onerous command and control measures, the reshuffling of commanders, and the build-up of security organizations intended to offset the military. These measures not only make it harder for the military to stage a coup, they also make it harder for the military to defend the state. Although military involvement in politics makes “acute” conflict—war, militarized disputes, or crises—more likely, these types of international conflict tend to lead to reduced levels of political involvement by the military. War or a crisis can make a coup more difficult as the military is moved away from the centers of political power. International conflict—especially when it goes poorly—also can lead to reform and professionalization within the military, which decreases the appetite for political involvement. At the same time, indicators of a more severe “chronic” threat environment—hostile neighbors, unfavorable geography, or long-standing international rivalries—can make military intrusions into politics more likely.

Article

Europe has some of the most powerful human rights legal institutions in the world including two supranational human rights courts—the Council of Europe’s European Court of Human Rights and the European Union’s Court of Justice (hereafter, together—the Courts). After decades of relative quiet, the Courts have begun hearing more cases concerning LGBT rights. Judgments of the Courts have advanced some facets of LGBT rights like anti-discrimination in the workplace while disappointing gay-rights advocates in other areas, for example family life and asylum. Scholarship on European courts and LGBT rights is not as developed as scholarship on norm advocacy or policy diffusion within states in Europe. The research that does exist looks at how decisions by the European Court of Human Rights and the European Court of Justice deal with current European law, how the institutions are designed, or how the supranational courts may act as agents of change or status quo institutions in shaping wider European behavior. This lack of newer research on the Courts presents ample opportunity for new avenues of research that examines not only how decisions are made at the Courts but also how states implement decisions and how states view the legitimacy of each Court.

Article

Anna M. Meyerrose, Thomas Edward Flores, and Irfan Nooruddin

The end of the Cold War, heralded as the ideological triumph of (Western) liberal democracy, was accompanied by an electoral boom and historically high levels of economic development. More recently, however, democratic progress has stalled, populism has been on the rise, and a number of democracies around the world are either backsliding or failing entirely. What explains this contemporary crisis of democracy despite conditions theorized to promote democratic success? Research on democratization and democracy promotion tends to focus predominantly on elections. Although necessary for democracy, free and fair elections are more effective at promoting democratic progress when they are held in states with strong institutions, such as those that can guarantee the rule of law and constraints on executive power. However, increased globalization and international economic integration have stunted the development of these institutions by limiting states’ economic policy options, and, as a result, their fiscal policy space. When a state’s fiscal policy space—or, its ability to collect and spend revenue—is limited, governments are less able to provide public goods to citizens, politicians rely on populist rather than ideological appeals to win votes, and elections lose their democratizing potential. Additional research from a political–economic framework that incorporates insights from studies on state building and institutions with recent approaches to democratization and democracy promotion, which focus predominantly on elections, is needed. Such a framework provides avenues for additional research on the institutional aspects of ongoing democratization and democratic backsliding.

Article

The sovereignty of postcolonial African states is largely derived from their recognition by other states and by the United Nations, irrespective of their actual effectiveness. Such international legal sovereignty has been a resource to weak African states, allowing them to endure against the odds, and to their rulers who have instrumentalized it to foster their domestic authority and domination. Yet, African sovereignty has also been a curse. Being exogenous to domestic social and political relations, it tends to isolate and shield rulers from the ruled and predisposes state institutions toward predation. It also standardizes and homogenizes the continent’s institutional landscape in disregard to the wealth and promise of effective institutional arrangements on the ground, to which it denies legitimacy. Despite the equilibrium properties of the African sovereignty regime, there might be opportunities to tweak the system in ways that could unleash more effective and accountable state and nonstate institutions.

Article

Troels Jacob Hegland and Jesper Raakjaer

The Common Fisheries Policy (CFP) is rooted in the Treaty of Rome. After its completion in 1983, the policy framework was gradually reformed through decennial reviews in 1993, 2003, and 2014. Due to geopolitical, physiographic, and historical reasons, the EU implementation of the CFP is most developed in the North Atlantic Ocean, the North Sea, and the Baltic Sea, and less developed in the Mediterranean and Black Sea. However, the CFP applies throughout European Union (EU) waters, which that are treated as a “common pond.” The CFP has been heavily contested since its introduction, and over long periods was characterized as a management system in crisis. Historically, the CFP has arguably struggled to perform and the policy’s ability to meet its objectives has not uncommonly been undermined by factors such as internally contradictory decisions and inefficient implementation. Since the turn of the century, the policy has changed its course by incrementally institutionalizing principles for a more environmentally orientated and scientifically based fisheries management approach. In general, in the latest decade, fisheries have become increasingly sustainable in both environmental and economic terms. An increasing number of fish stocks under the CFP are being exploited at sustainable levels—a development that is likely to continue, as fish stocks are coming to be more commonly managed along the lines of science-based multi-annual management plans. Consequently, many fishing fleets, particularly those deployed in northern waters, have shown good economic performance in recent years. This development has been further facilitated by the introduction of market-based management principles; in most member states these have been implemented by granting de facto ownership to fishing rights for free in the name of ecological and economic sustainability. This has, however, in many cases also led to huge wealth generation for a small privileged group of large-scale fishers at the expense of small-scale fisheries and smaller fishing communities, as well as society at large; this situation has led to calls for both a fairer distribution of fishing rights—to protect the small-scale sector—and for a resource rent or exploitation fee to be collected for the benefit of society at large, which is the true owner of fishing resources. Consequently, social sustainability, understood as the improved well-being of fishing communities and a fairer sharing out of the benefits derived from fisheries resources, should be a subject for the CFP to consider in the future.

Article

Globalization, or increased interconnectedness between world regions, is a dialectical and recursive phenomenon that consequently tends to deepen through time as one set of flows sets off other related or counterflows. This is evident in the history of the phenomenon in Africa, where transcontinental trade, and later investment, were initially small but have grown through different rounds including slavery, colonialism, neocolonialism, and the early 21st-century era of globalization. However, globalization on the continent, as in other places, is not unilinear and has generated a variety of “regional responses” in terms of the construction of organizations such as the African Union and other more popularly based associations. The phenomenon of globalization on the continent is deepening through the information technology “revolution,” which also creates new possibilities for regional forms of association.