See you in Geneva? Democracy, the Rule of Law and the WTO (Working Paper 16)

This paper is a constructivist attempt to understand a global political space where states as actors (the traditional domain of international relations theory and international law) are joined by international organizations, firms, NGOs, and others. Today we know that many supposedly private or international orders (meaning sources of order other than the central institutions of the territorial state) are engaged in the regulation of large domains of collective life in a world where the sources of power are multiple, sovereignties are overlapping, and anarchy is meaningless. The paper begins with an attempt, discussed in the first section, to sort out what the rule of law might mean in the context of the WTO, where we soon see that it can only be understood by also considering the meaning of Administrative Law. Much of the debate about rule of law depends on positivist and centralist theories of “law,” whose inadequacy for my purposes leads, in the second section, to a discussion of legal pluralism and implicit law in legal theory. These approaches offer an alternative theoretical framework that respects the role of the state while not seeing it as the only source of normativity. The third section looks directly at WTO law and dispute settlement. I tr y to show that the sources and interpretations of law in the WTO and the trading system cannot be reduced to the Dispute Settlement Body. I conclude in the fourth section with some suggestions on how a WTO rule of law could be understood as democratic.

The institutional design of intra-party democracy through legal instruments: Turkish case

The importance of political parties for contemporary representative democracies is beyond dispute. Despite their significance for state-level democracy, political parties continue to be regarded as oligarchical and to be criticised because of their internal practices. For this reason, intra-party democracy (IPD) warrants in-depth analysis. This thesis investigates IPD in Turkey, primarily from the perspective of participatory democracy, with the purpose of suggesting reforms to the Turkish Political Parties Law (TPPL). Turkish political parties and Turkish party regulation provide an interesting case because there is a significant difference between mature democracies and Turkey regarding IPD regulation. IPD in established democracies has always been regarded as a private concern of parties and has been left unregulated. IPD in Turkey, by contrast, is provided for both by the constitution and the TPPL. Although IPD is a constitutional and legal requirement in Turkey, however, political parties in fact display a high level of non-democratic administration. The main reason is that the TPPL only pays lip service to the idea of IPD and requires no specific measures apart from establishing a party congress with a representative form of democracy. By establishing and holding party congresses, political parties are perceived as conforming to the requirements of IPD under the law. In addition, the contested nature of democracy as a concept has impeded the creation of efficacious legal principles. Thus, the existing party law fails to tackle the lack of IPD within political parties and, for this reason, is in need of reform. Furthermore, almost every Turkish party’s own constitution highlights the importance of IPD and promises IPD. However, these declared commitments to IPD in their constitutions alone, especially in countries where the democratic culture is weak, are unlikely to make much difference in practice. Accordingly, external regulation is necessary to ensure the protection of the rights and interests of the party members with regards to their participation in intra-party decision-making processes. Nevertheless, in spite of a general consensus in favour of reforming the TPPL, a lack of consensus exists as to what kind of reforms should be adopted. This thesis proposes that reforming the TPPL in line with an approach based on participatory democracy could provide better IPD within Turkish political parties, citing as evidence comparative case studies of the participatory practices for policy-making, leadership selection and candidate selection in mature democracies. This thesis also analyses membership registration and the effect of state funding on IPD, which are highly problematic in Turkey and represent impediments to the flourishing of IPD.

Agonism Reloaded: Potentia, Renewal and Radical Democracy

This article focuses on the agonistic account of renewal and discusses its place within the broader horizon of radical democracy. It suggests that while the emphasis which agonistic theorists place on difference and popular struggles (particularly social movement politics) ensures some common ground with other theories of radical democracy, their account of renewal also displays some marked differences. The article explores these differences and discusses whether agonism is sufficient to address the limits of the current neoliberal order.

Democracy lessons in market-oriented schools : The case of Swedish upper secondary education

Based on recent ethnographic research, this article explores young people’s opportunities of formal and informal democracy learning and expressions of such learning in the highly market-influenced Swedish upper secondary education. With its ambitious democracy-fostering goals and far-reaching marketisation, Swedish education constitutes an interesting case in this respect. The analysis indicates that ‘voting with the feet’ emerges as an important way of exerting student influence. At the same time, young people’s voice is surprisingly neglected in classroom practice. Increased focus on performance and goal attainment tends to overshadow less ‘rewarding’ aspects of the curriculum, such as democracy teaching and learning, both from the side of teachers and students. Students are also increasingly expected to act as school representatives and to avoid giving negative impressions of their school.

Democratic Citizenship - A Conditioned Apprenticeship : A Call for Destabilisation of Democracy in Education

We live in times when the search for a citizenship education that can transcend national, ethnical and cultural borders is an important part of educational policy. In times of increased pressure by the European Union on its nation states to provide for nation-transcending democracy, this question becomes crucial for national policymaking in Europe. In this text, Swedish education policy will be taken as a case in point in order to shed light on how this question is being handled in this particular national policy setting. It is argued that the policy’s citizen fostering agenda tends to be counterproductive in the sense that it is still situated in national notions of the relationship between democracy and education, which tend to exclude certain individuals and groups of people on an age-related and (ethno) cultural basis. It is further argued that these excluding features can be related to educational ideas about socialisation. The aim of this text is underlined by suggesting a different way of framing democracy and democratic citizenship education: to increase the potential of education as regards the renewal of democracy and democratic citizenship.

Medborgarskapande för ett nytt millennium : utbildning och medborgarfostran i 2000-talets Sverige.

Citizenship in the making for a new millenium – education and citizen formation in 21st century Sweden. The aim of this article is to analyse citizenship formation in Swedish education. In highlighting trends regarding the assignment of the educational system to provide for democratic citizenship there are certain depictions of citizenship prevail- ing. The first stresses an inward-looking and inward-feeling citizenship, characterizing the citizen as deliberative and emotional. The second stresses an inward-looking and outward-making citizenship, characterizing the citizen as entrepreneurial and willing. Here, democracy is portrayed as already achieved. This, we argue, is hazardous as society risk being pictured as apolitical and democratically ‘saturated’. This situation does not open up for democratic change to come into question as desirable or even possible. Put differently, it leaves us with the notion that things have to be as they are, as we are living in the best of worlds.

"Vi kan skriva förargument och sedan motargument" ­­ : Om deliberativa samtal i undervisning i svenska som andraspråk på högskolenivå

In the light of the twofold mission of Swedish schools, that is to say enabling pupils to develop both subject knowledge and a democratic attitude, the purpose of this thesis is to investigate to what extent adult higher education students from different language and social backgrounds, studying Swedish as a second language, are able to carry out joint writing assignments with the aid of deliberative discourse, and to what extent they thereby also develop a deliberative attitude. The twofold mission of education applies to them too. While there already exists a certain amount of research into deliberative discourse relating to education in schools, the perspective of higher education didactics in this research is still lacking. The present study is to be viewed as a first contribution to this research. The theoretical starting point of this study includes previous research into deliberative discourse by further developing an existing model regarding criteria for deliberative discourse, for example that there is a striving towards agreement, although the consensus may be temporary, that diverging opinions can be set against each other, that tolerance and respect for views other than one’s own are shown, and that traditional outlooks can be questioned. This model is supplemented by designations for a number of disruptive behaviours, such as ridiculing, ignoring, interrupting people and engaging in private conversations. The thus further developed model will thereafter act as a lens in the analysis of students’ discussions when writing joint texts. Another theoretical starting point is the view of education as communication, and of the possibility of communication creating a third place, thereby developing democracy in the here and now-situation. For this study, comprising 18 hours of observation of nine students, that is to say the discussions of three groups in connection with writing texts on different occasions, various ethnographic data collection methods have been employed, for example video recordings, participant observations, field notes and interviews in conjunction with the discussions. The analysis clarifies that the three groups developed their deliberation as the discussions about the joint assignment proceeded, and that most of the nine students furthermore expressed at least an openness towards a deliberative attitude for further discussions in the future. The disruptive behaviours mentioned in connection with the analytical model that could be identified in the discussions, for example interruptions and private conversations, proved not to constitute real disturbances; on the contrary they actually contributed towards the discussions developing, enabling them to continue. On the other hand, other and not previously identified disturbances occurred, for example a focus on grades, the lack of time and lacking language ability, which all in different ways affected the students’ attitudes towards their work. For any future didactical work on deliberative discourse in Swedish as a second language within higher education, these disturbances would need to be highlighted and made aware of for both teachers and students. Keywords: higher education didactics, communication, deliberative discourse, deliberative attitude, John Dewey, Tomas Englund, heterogeneity, ethnographic data collection methods.

Rethinking What is Necessary in a Democratic Society: Militant Democracy and the Turkish State

Questions relating to contemporary understandings of democracy continue to preoccupy the academic landscape, from politics to law—how does one define democracy; is it necessary to recalibrate the concept of democracy to meet the exigencies of the current global security "crisis" and, following from this, how does one understand (and control) the democratic relationship of representation and accountability between citizen and state? Although those writing on the recalibration of democratic theory come from different points of departure, they often arrive at a similar conclusion; namely that this global era poses significant challenges to contemporary understandings of democracy. This article identifies and focuses on one challenge posed by the concept of “militant” democracy against the backdrop of the Turkish case.