The EU economic and social model in the global crisis: Interdisciplinary perspectives:Interdisciplinary perspectives

This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU 'economic constitution' and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions and (4) the EU's global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions. 

Forgoing primacy: Damaging democratic policing in the West Bank

Since the Oslo Accords were signed between Israel and the Palestinian Liberation Organization (PLO) in September 1993, the international community has supported civil policing programmes. It has done so as part of its development commitments to Palestinian state-building. Such programmes were, until the outbreak of the second Intifada in 2000, largely regarded as successful in terms of supporting the establishment of a Palestinian civil police (PCP). Such programmes were essentially Western imported models which loosely mixed community and public order policing approaches. With re-engagement in the Palestinian security sector (PSS) in the West Bank in 2007, the international community has once again sought to play a major role in PSS reform. This role includes supporting rehabilitation and retraining of the PCP as a principal institution of state-building. Such activities alongside the so-called transformation efforts within the wider realm of the PSS have re-established as their goal law and order. Within the transformation agenda, there are inherent demands with respect to Israel and the Palestinian National Authority's security and counterterrorism agendas. This analysis examines these activities, and accompanying political intent to contend that such approaches are undermining principles of democratic policing including civil police primacy (CPP). CPP reinforces police universality and means supporting rule of law by putting security under governmental control with proper mechanisms of accountability. This article argues that support to the security sector in the West Bank has increasingly only paid lip service or sought to subvert normative approaches to democratic policing.

La pomice per il confezionamento di calcestruzzi leggeri strutturali:Meccanica dei materiali e delle strutture

Abstract. The possibility of using pumice aggregates for concrete in structural applications is discussed. In particular, the mix design of lightweight concrete for the manufacturing masonry units having proper strength, is discussed. Moreover, the design of the unit shape according to the technical code requirements and making it possible to arrange reinforcing steel bars is described. Reinforced bearing masonry walls, made with the concrete units in question, were manufactured and tests on the panels and on the designed units were carried out. For comparison, tests on concrete units and structural elements were carried out after the substitution of pumice aggregates with ordinary lightweight aggregates, proving that pumice can be considered an alternative to them. Sommario. L’uso della pomice come inerte per il confezionamento di calcestruzzo è poco diffuso sebbene essa sia stata usata già in antiche costruzioni come il Pantheon in Roma. In questo studio si affronta la possibilità di realizzare blocchi in calcestruzzo alleggerito con granuli di pomice. I blocchi, progettati e realizzati secondo le indicazioni normative correnti, sono stati usati per realizzare pannelli murari armati da sottoporre a carichi ciclici orizzontali. I risultati ottenuti, messi a confronto con quelli di pannelli realizzati con blocchi in cls alleggerito con argilla espansa, hanno mostrato la possibilità di utilizzare la pomice come validissima alternativa all’argilla espansa.

Experimental investigation on masonry panels manufactured with pumice lightweight concrete:Meccanica dei materiali e delle strutture

Abstract. The possibility of using pumice aggregates for concrete in structural applications is discussed. In particular, the mix design of lightweight concrete for the manufacturing masonry units having proper strength, is discussed. Moreover, the design of the unit shape according to the technical code requirements and making it possible to arrange reinforcing steel bars is described. Reinforced bearing masonry walls, made with the concrete units in question, were manufactured and tests on the panels and on the designed units were carried out. For comparison, tests on concrete units and structural elements were carried out after the substitution of pumice aggregates with ordinary lightweight aggregates, proving that pumice can be considered an alternative to them. Sommario. L’uso della pomice come inerte per il confezionamento di calcestruzzo è poco diffuso sebbene essa sia stata usata già in antiche costruzioni come il Pantheon in Roma. In questo studio si affronta la possibilità di realizzare blocchi in calcestruzzo alleggerito con granuli di pomice. I blocchi, progettati e realizzati secondo le indicazioni normative correnti, sono stati usati per realizzare pannelli murari armati da sottoporre a carichi ciclici orizzontali. I risultati ottenuti, messi a confronto con quelli di pannelli realizzati con blocchi in cls alleggerito con argilla espansa, hanno mostrato la possibilità di utilizzare la pomice come validissima alternativa all’argilla espansa.

גבול (Border)

This paper is a reexamination of the concept of the geopolitical border through a critical analysis of prevalent conceptualizations of borders, as they are articulated in the fields of geopolitics, political theory and international relations. Suggesting that thinking of borders as the derivative of territorial definitions disregards the dependency of territoriality and sovereign space on the praxes of border making, this paper offers an analytic distinction between normative articulations of borders and the border as a political practice. This distinction enables the identification of partial and incoherent border making processes. Consequently, the creation of borders can be analyzed as an effect of a multiplicity of performative praxes, material, juridical and otherwise discursive, that operate in relation to the management of space and attribute it with geopolitical distinctions. Furthermore, the paper suggests that these praxes, which appear in dispersed sites and in a wide variety of loci, are intrinsically linked to different spatial practices of population management, of governmentality. Thus, I offer a reading of borders as a praxis which manages binary differentiations of matrixes of governmentality, which create schisms in the population as a totality, through the deployment of the evocation of sovereignty as the legitimizing source of this differentiation or for the means necessary for its sustainment.

Time for Reform? Refugees, Asylum-seekers and Protection Under International Human Rights Law

The aim is to explore the protection that international human rights law offers to refugees, asylum-seekers, and the forcibly displaced. The ambition of the global rights framework is to guarantee a defined range of rights to all human beings, and thus move the basis for normative entitlement from exclusive reliance on national membership to a common humanity. This comprehensive and international perspective remains formally tied to states - acting individually or collectively - in terms of creation and implementation. The norms must find an entry point into the empirical world, and there must be clarity on responsibilities for practical delivery. It should remain unsurprising that the expectations raised by the normative reach of the law are frequently dashed in the complex and difficult human world of instrumental politics, power, and conflict. The intention here is to outline the international human rights law context, and indicate the value and limitations for the protection of refugees and asylum-seekers. A question is then raised about possible reform.

Non-domination, non-alienation and social equality: towards a republican understanding of equality

The republican idea of non-domination stresses the importance of certain social relationships for a person’s freedom, showing that freedom is a social-relational state. While the idea of freedom as non-domination receives a lot of attention in the literature, republican theorists say surprisingly little about equality. Therefore, the aim of this paper is to carve out the contours of a republican conception of equality.. In so doing, I will argue that republican accounts of equality share a significant normative overlap with the idea of social equality. However, closer analysis of Philip Pettit’s account of ‘expressive egalitarianism’ (which Pettit sees as inherently connected to non-domination) and recent theories of social equality shows that republican non-domination – in contrast to what Pettit seems to claim – is not sufficient for securing (republican) social equality. In order to secure social equality for all, republicans would have to go beyond non-domination.

Equality, justice and feasibility: an ethical analysis of the WBGU’s budget approach

According to the Budget Approach proposed by the German Advisory Council on Global Change (WBGU), allocating CO2 emission rights to countries on an equal per-capita basis would provide an ethically justified response to global climate change. In this paper, we will highlight four normative issues which beset the WBGU’s Budget Approach: (1) the approach’s core principle of distributive justice, the principle of equality, and its associated policy of emissions egalitarianism are much more complex than it initially appears; (2) the “official” rationale for determining the size of the budget should be modified in order to avoid implausible normative assumptions about the imposition of permissible intergenerational risks; (3) the approach heavily relies on trade-offs between justice and feasibility which should be stated more explicitly; and (4) part of the approach’s ethical appeal depends on policy instruments which are “detachable” from the approach’s core principle of distributive justice.

“How Can a Woman Who Has Been Raped Be Believed?”: Andrea Dworkin, Sexual Violence and the Ethics of Belief

In June 2000, Andrea Dworkin, an American feminist activist and author, published an account of being raped in a Paris hotel room a year earlier. The story was met with widespread disbelief, including from feminist readers. This article explores the reasons for this disbelief, asking how and why narratives of rape are granted – or denied – truth status by their readers. The article argues for understanding the conferral of belief as a narrative transaction involving the actions of both narrator and reader. It posits that Dworkin was widely seen as an unreliable narrator but argues that for ideologically charged narratives such as rape narratives judgements of reliability and belief inevitably draw upon the normative standpoint of the reader. I suggest that there are opposing criteria for establishing the truth of rape narratives; a ‘factual’ or legal model, which sees rape narratives as requiring scrutiny, and an ‘experiential’ model, located within certain strands of feminist politics, which emphasises the ethical importance of believing women’s narratives. The article finishes with a consideration of the place of belief within an ethics of reading and reception of rape narratives.

Operationalizing the Comparative International Human Rights Law Method: A Case Study of CEDAW in National Courts

In this chapter, I focus on how the example of CEDAW illustrates the methodological and conceptual difficulties that future work in comparative international human is likely to encounter. Despite the challenges, I suggest that the worked example of CEDAW has raised interesting lines for empirical analysis, and additional perspectives which may enrich normative inquiry, sufficient to justify comparative international human rights law being regarded as likely to give rise to insights that might not otherwise have emerged, and therefore to be as an approach worth pursuing in the future.

Using Comparative Reasoning in Human Rights Adjudication:The Court of Justice of the European Union and the European Court of Human Rights Compared

This article examines the relationship between the methods that the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) use to decide disputes that involve ‘human’ or ‘fundamental’ rights claims, and the substantive outcomes that result from the use of these particular methods. It has a limited aim: in attempting to understand the interrelationship between human rights methodology and human rights outcomes, it considers primarily the use of ‘comparative reasoning’ in ‘human’ and ‘fundamental’ rights claims by these courts. It is not primarily concerned with examining the extent to which the use of comparative reasoning is based on an appropriate methodology or whether there is a persuasive normative theory underpinning the use of comparative reasoning. The issues considered in this chapter do some of the groundwork, however, that is necessary in order to address these methodological and normative questions.

Gender and Politics in Northern Ireland: the representation gap revisited

This article examines the nature of gender politics in Northern Ireland since the 1998 Good Friday/Belfast Agreement. Taking gender justice as a normative democratic framework, the article argues that despite the promise of women's equal participation in public and political life written into the Agreement, parties have delivered varied responses to integrating women, women's interests and perspectives into politics and policy platforms. This contrasts with general patterns supporting women's increased participation in social and political life. The article discusses women's descriptive and substantive representation through electoral outcomes and party manifestos, using the demands of successive women's manifestos as a benchmark. It concludes that while parties have given less recognition and inclusion to women than one might have expected in a new political context, the push for democratic accountability will ensure that gender politics will continue to have a place on the political agenda for some time to come.

Governing Public Health: EU Law, Regulation and Biopolitics

This book contributes towards EU studies and the growing discourse on law and public health. It uses the EU’s governance of public health as a lens through which to explore questions of legal competence and its development through policy and concrete techniques, processes and practices, risk and security, human rights and bioethics, accountability and legitimacy, democracy and citizenship, and the nature, essence and ‘future trajectory’ of the European integration project. These issues are explored first, by situating the EU's public health strategy within the overarching architecture of governance and subsequently by examining its operationalisation in relation to the key public health problems of cancer, HIV/AIDS and pandemic planning.

The book argues that the centrality and valorisation of scientific and technical knowledge and expertise in the EU's risk-based governance means that citizen participation in decision-making is largely marginalised and underdeveloped – and that this must change if public health and the quality, accountability and legitimacy of EU governance and its regulation are to be improved. Subsequently the book goes on to argue that the legitimating discourses of ethics and human rights, and the developing notion of EU (supra-)stewardship responsibility, can help to highlight the normative dimensions of governance and its interventions in public health. These discourses and dimensions provide openings and possibilities for citizens to power ‘technologies of participation’ and contribute important supplementary knowledge to decision-making.

Authority, Nationality, and Minorities

Prominent normative theories for accommodating minority national groups appeal to the value of national cultures and/or the psychology of group recognition. This article aims to show that an argument from political authority provides a better justification. Building on Joseph Raz's theory of authority, the article argues that members of minority national groups are disadvantaged in relation to their majority counterparts under standard democratic institutions; such institutions do not provide minority national groups with comparable access to the conditions for legitimate political authority. Constitutional arrangements for accommodating minority national groups—such as territorial self-government or power-sharing—are justified insofar as they might offset this disadvantage.

The Disorganized Family: Institutions, Practices and Normativity

This paper considers the value of a normative account of the relationship between agents and institutions for contemporary efforts to explain ever more complex and disorganized forms of social life. The character of social institutions, as they relate to practices, agents and norms, is explored through an engagement with the common claim that family life has been deinstitutionalized. The paper argues that a normative rather than empirical definition of institutions avoids a false distinction between institutions and practices. Drawing on ideas of social freedom and creative action from critical theory, the changes in family life are explained not as an effect of deinstitutionalization, but as a shift from an organized to a disorganized institutional type. This is understood as a response to changes in the wider normative structure, as a norm of individual freedom has undermined the legitimacy of the organized patriarchal nuclear family, with gender ascribed roles and associated duties. Contemporary motherhood is drawn on to illustrate the value of analysing the dynamic interactions between institutions, roles and practices for capturing both the complexity and the patterned quality of social experience.