Beyond securitisation : Western Mediterranean international relations from a security perspective 1989-2002

Following the end of the Cold War and the ensuing changes to the international landscape, thinking about security has tended to become more discursive and interpretative in nature. What counts as security has increasingly derived from security discourses (that is, 'securitisation') and uncertainty about the multi-faceted future facing various countries and regions. Within this post-Cold War discourse, the Western Mediterranean has emerged as a region fraught with latent and manifest threats in the economic, political, societal and military sectors. Improved access to EU markets for Maghrebi exports; the security of energy supplies to the EU from Algeria and Libya; lack of democracy and the advance of political Islam; the flow of northward migration and worries about law and order in France, Italy and Spain; the growth in military expenditure and weapons proliferation in the Maghreb; all have been central to the securitisation agenda. However, this agenda has often lacked credibility especially when inter-linkages have purportedly been established between economic underdevelopment and political instability, between the advance of political Islam and the threat to energy supplies, or between immigration and the threat to national identity. Such inter-sectoral linkages distract from the credibility of those 'securitisation instances' which correspond to reality; the former linkages have often been exploited by extremist politicians in south-west European countries as well as by regimes in the Maghreb to advance their respective interests. Thus, securitisation may defeat its main purpose; it may generate responses out of keeping with the aims proclaimed at the outset, aims centred on the countering of real threats and the ensuring of greater stability.

Copyright law as a matter of (inter)national security? – The attempt to securitise commercial infringement and its spill-over onto individual liability

This article evaluates the way in which copyright infringement has been gradually shifting from an area of civil liability to one of criminal penalty. Traditionally, consideration of copyright issues has been undertaken from a predominantly legal and/or economic perspectives. Whereas traditional legal analysis can explain what legal changes are occurring, and what impact these changes may have, they may not effectively explain ‘how’ these changes have come to occur. The authors propose an alternative inter-disciplinary approach, combining legal analysis with critical security studies, which may help to explain in greater detail how policies in this field have developed. In particular, through applied securitisation theory, this article intends to demonstrate the appropriation of this field by a security discourse, and its consequences for societal and legal developments. In order to explore how the securitisation framework may be a valid approach to a subject such as copyright law and to determine the extent to which copyright law may be said to have been securitised, this article will begin by explaining the origins and main features of securitisation theory, and its applicability to legal study. The authors will then attempt to apply this framework to the development of a criminal law approach to copyright infringement, by focusing on the security escalation it has undergone, developing from an economic issue into one of international security. The analysis of this evolution will be mainly characterised by the securitisation moves taking place at national, European and international levels. Finally, a general reflection will be carried out on whether the securitisation of copyright has indeed been successful and on what the consequences of such a success could be.