Proliferation of International Dispute Settlement Mechanisms: The Threat of Fragmentation vs. the Promise of a More Effective System? - Some Reflections from the Perspective of Investment Arbitration
(From the introduction) For more than a decade, international lawyers and international relations scholars have been fascinated by an ever-increasing number of international courts and tribunals. These are producing more international case-law, thereby replacing the traditional scarcity of international law precedents embodied in a few celebrated ICJ and PCIJ cases. Today, there is a host of frequently highly specialized international dispute settlement mechanisms like the WTO Dispute Settlement Body, the International Tribunal for the Law of The Sea, the International Criminal Court, various investment tribunals acting under The International Centre for Settlement of Investment Disputes (ICSID) Convention or other arbitration rules. All apply, interpret and probably ‘make’ international law. One question frequently raised in this context is whether these institutions contribute to the development of a single uniform body of international law or whether they make ‘their own’ ever more fragmented law. To the extent that they must apply specifically agreed upon rules, such as the WTO agreements, various bilateral investment protection treaties or the Law of the Sea Convention, etc., this is of course largely a false problem. In so far as they rely on common rules of international law, coherence vs. fragmentation does indeed arise and is a serious issue.
Scholars of international law have intensely debated these problems mostly under the heading ‘fragmentation’ of international law or ‘proliferation’ of international courts and tribunals. Gerhard Hafner has significantly contributed to this scholarly debate in a number of articles, and most importantly in a report prepared for the International Law Commission (ILC), which triggered the Commission’s work on fragmentation and was further pursued by Gerhard Hafner’s successor on the ILC, Martti Koskenniemi.
It thus appears appropriate to dedicate a few modest thoughts about these issues to a great international lawyer with whom I have had the privilege to work at the Department of International Law and International Relations at the University of Vienna during the last twenty years. Gerhard Hafner will understand that due to the space allotted in this liber amicorum, I must limit the scope of my remarks on fragmentation and proliferation to a specific subfield of international law. He will also appreciate that the chosen field is investment law and arbitration, which, in many respects, may be viewed as a test laboratorium of international law where many of the pertinent problems mentioned above have appeared in particularly visible form.
Co-ordinating Counterterrorism: Organizational Routines in the United States, France and Britain
Frank Foley, a 2008-09 Zukerman Fellow, is a postdoctoral student in international security at CISAC. His research concerns counterterrorist policy and operations, the reform of intelligence and police agencies and the increasing role of judicial and prosecutorial actors in the field of security. His PhD dissertation, currently under revision for publication, is a comparative analysis of British and French counterterrorist policies, which argues that western states' different institutional characteristics and norms in the field of security are shaping their responses to Islamist terrorism, leading to divergent approaches to a common problem. At CISAC, Frank is analyzing the co-ordination of counterterrorist agencies within the United States, France and Britain, drawing on organization theory to explain why some countries achieve higher levels of inter-agency co-operation than others. He has also written on European Union security policy and on terrorism and community conflict in Northern Ireland. Upcoming projects include a review of the terrorism and counterterrorism literature for the International Studies Association's Compendium Project and an analysis of the forces shaping international co-operation on counterterrorism at both the diplomatic and operational levels.
Frank received his PhD from the Department of Political and Social Sciences at the European University Institute in Florence, Italy, and is a graduate of the University of Cambridge (MPhil) and University College Cork (BA, MA). He worked as a journalist in Brussels and as a researcher in Northern Ireland between 2001 and 2004.
Martha Crenshaw is a senior fellow at CISAC and FSI and a professor of political science by courtesy. She was the Colin and Nancy Campbell Professor of Global Issues and Democratic Thought and professor of government at Wesleyan University in Middletown, Conn., from 1974 to 2007. Her current research focuses on innovation in terrorist campaigns, the distinction between "old" and "new" terrorism, why the United States is the target of terrorism, and the effectiveness of counterterrorism policies.
She has written extensively on the issue of political terrorism; her first article, "The Concept of Revolutionary Terrorism," was published in the Journal of Conflict Resolution in 1972. Her recent work includes "Terrorism, Strategies, and Grand Strategies," in Attacking Terrorism (Georgetown University Press), "Terrorism and Global Security," in Leashing the Dogs of War: Conflict Management in a Divided World (United States Institute of Peace Press), and "Explaining Suicide Terrorism: A Review Essay," in the journal Security Studies. She is also the editor of a projected volume, The Consequences of Counterterrorist Policies in Democracies, for the Russell Sage Foundation in New York.
She served on the Executive Board of Women in International Security and chaired the American Political Science Association (APSA) Task Force on Political Violence and Terrorism. She has also served on the Council of the APSA and is a former President and Councilor of the International Society of Political Psychology (ISPP). In 2004 ISPP awarded her its Nevitt Sanford Award for Distinguished Scientific Contribution and in 2005 the Jeanne Knutson award for service to the society. She serves on the editorial boards of the journals International Security, Orbis, Political Psychology, Security Studies, and Terrorism and Political Violence. She coordinated the working group on political explanations of terrorism for the 2005 Club de Madrid International Summit on Democracy, Terrorism and Security. She is a lead investigator with the National Center for the Study of Terrorism and the Response to Terrorism (START) at the University of Maryland, funded by the Department of Homeland Security. She was a Guggenheim Fellow in 2005-2006. She served on the Committee on Law and Justice and the Committee on Determining Basic Research Needs to Interrupt the Improvised Explosive Device Delivery Chain of the National Research Council of the National Academies of Science. She was a senior fellow at the National Memorial Institute for the Prevention of Terrorism in Oklahoma City for 2006-2007.
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Reuben W. Hills Conference Room
Network Analysis for International Relations
Alexander Montgomery, a visiting assistant professor in 2008-09, was a postdoctoral fellow at CISAC in 2005-2006 and is an assistant professor of political science at Reed College. He has published articles on dismantling proliferation networks and on the effects of social networks of international organizations on interstate conflict. His research interests include political organizations, social networks, weapons of mass disruption and destruction, social studies of technology, and interstate social relations. His current book project is on post-Cold War U.S. counterproliferation policy, evaluating the efficacy of policies towards North Korea, Iran, and proliferation networks.
He has been a joint International Security Program/Managing the Atom Project Research Fellow at the Belfer Center for Science and International Affairs in the Kennedy School of Government at Harvard University. He has also worked as a research associate in high energy physics on the BaBar experiment at Lawrence Berkeley National Laboratory and as a graduate research assistant at the Center for International Security Affairs at Los Alamos National Laboratory. He has a BA in physics from the University of Chicago, an MA in energy and resources from the University of California, Berkeley, and an MA in sociology and a PhD in political science from Stanford University.
Emilie Hafner-Burton is an Assistant Professor of Public Policy and Politics at Princeton University and an affiliate at CISAC, as well as a visiting fellow at Stanford Law School. Formerly she was a predoctoral fellow at CISAC and an associated fellow at the Center on Democracy, Development, and the Rule of Law. She was at Oxford University as a Postdoctoral Research Prize Fellow, Nuffield College, and Senior Associate, Global Economic Governance Programme. She writes and teaches on international organization, international political economy, the global governance of gender, social network analysis, design and selection of international regimes, international human rights law and policy, war and economic sanctions, non-proliferation policy, and quantitative and qualitative research design. Her dissertation, Globalizing Human Rights? How Preferential Trade Agreements Shape Government Repression, 1972-2000, won the American Political Science Association Helen Dwight Reid Award for Best Dissertation in International Relations, Law and Politics for 2004-2005, as well as the Best Dissertation in Human Rights Prize for 2003-2004. Her articles are published or forthcoming in International Organization, American Journal of Sociology, Journal of Conflict Resolution, Feminist Legal Studies, European Journal of International Relations, Journal of European Public Policy, and Journal of Peace Research. PhD. Wisconsin.
Walter W. Powell is Professor of Education and (by courtesy) Sociology, Organizational Behavior, Management Science and Engineering, and Communication at Stanford University. He is also an external faculty member at the Santa Fe Institute. He is co-director of the Stanford Center on Philanthropy and Civil Society. He joined the Stanford faculty in July 1999, after previously teaching at the University of Arizona, MIT, and Yale. He has been a fellow at the Center for Advanced Study in the Behavioral Sciences three times, and a visiting fellow at the Institute for Advanced Studies in Vienna twice. Powell has received honorary degrees from Uppsala University, the Helsinki School of Economics, and Copenhagen Business School, and is a foreign member of the Swedish Royal Academy of Sciences. He is a U.S. editor for Research Policy, and has been a member of the board of directors of the Social Science Research Council since 2000.
Reuben W. Hills Conference Room
Regional Security Dynamics in Northeast Asia: Seoul's Perspective and Equities
As the new year begins, the administration of ROK President Lee Myung-bak faces an unusually complex and rapidly evolving regional security landscape as he seeks to craft a strategy that simultaneously deepens ties with the U.S., protects South Korean equities in North Korea, continues to reduce tensions with neighboring countries and promotes economic objectives in Northeast Asia (including eastern Siberia). What are his options, considerations and prospects for success?
The past year witnessed an accelerated pace and apparent deepening in substance of the nascent security ties between and among the nations of Northeast Asia. A veritable whirlwind of diplomatic activity featured “upgraded” dialogue and symbolic steps. Meanwhile, as token of warming relations and impetus for even closer regional cooperation, China, Japan and the ROK met trilaterally on an array of issues. Ambitious proposals – and cutthroat bargaining – attended competition for a stake in Russian energy resources and potential infrastructure projects in the conjunction of eastern Siberia, Korea and China. Through the year all involved parties – the ROK, China, Russia, Japan, and the U.S. – met in the Six-Party talks context. Each party, excepting North Korea, paid public obeisance to the goal of “transforming” the talks into a new regional security mechanism.
But the year 2009 dawns against the backdrop of uncertainties that cast a cloud over the promise suggested by these developments: the global economic and financial crisis; battered, untested or unpopular political leaderships; competing nationalisms – and national interests; and the import and implications of China’s “rise.”
Mr. Keyser retired from the U.S. Department of State in September 2004 after a 32-year career. He had been a member of the Senior Foreign Service since 1990, and held Washington-based ambassadorial-level assignments 1998-2004. Throughout his career he focused on U.S. policy toward East Asia, particularly China, Taiwan, Hong Kong, Japan and the Korean Peninsula. Fluent in Chinese and professionally conversant in Japanese, Russian and French, he served three tours at the American Embassy in Beijing, two tours at the American Embassy in Tokyo, and almost a dozen years in relevant domestic assignments. In the course of his career, Keyser logged extensive domestic and foreign experience in senior management operations, conflict resolution, intelligence operations and analysis, and law enforcement programs and operations.
Philippines Conference Room
Don Keyser
Shorenstein APARC
Stanford University
Encina Hall E301
Stanford, CA 94305-6055
Donald W. Keyser retired from the U.S. Department of State in September 2004 after a 32-year career. He had been a member of the Senior Foreign Service since 1990, and held Washington-based ambassadorial-level assignments 1998-2004. Throughout his career he focused on U.S. policy toward East Asia, particularly China, Taiwan, Hong Kong, Japan and the Korean Peninsula. Fluent in Chinese and professionally conversant in Japanese, Russian and French, he served three tours at the American Embassy in Beijing, two tours at the American Embassy in Tokyo, and almost a dozen years in relevant domestic assignments. In the course of his career, Keyser logged extensive domestic and foreign experience in senior management operations, conflict resolution, intelligence operations and analysis, and law enforcement programs and operations. A Russian language major in college and a Soviet/Russian area studies specialist through M.A. work, Keyser served 1998-99 as Special Negotiator and Ambassador for Regional Conflicts in the Former USSR. He sought to develop policy initiatives and strategies to resolve three principal conflicts, leading the U.S. delegation in negotiations with four national leaders and three separatist leaders in the Caucasus region.
Keyser earned his B.A. degree, Summa Cum Laude, with a dual major in Political Science and Russian Area Studies, from the University of Maryland. He pursued graduate studies at The George Washington University, Washington, D.C., from 1965-67 (Russian area and language focus) and 1970-72 (Chinese area and language focus). He attended the National War College, Fort McNair, Washington (1988-89), earning a certificate equivalent to an M.S., Military Science; and the National Defense University Capstone Program (summer 1995) for flag-rank military officers and civilians.
Expert Information, Public Deliberation and Electoral Support for Good Governance; Experimental Evidence from Benin
Leonard Wantchekon, PhD is a Professor of Politics and Economics at the New York University. Wantchekon's areas of interest include political economy, development, applied game theory, and comparative politics.
He is the author of several articles on post-civil war democratization, resource curse, electoral clientelism and experimental methods in the Quarterly Journal of Economics, American Political Science Review, World Politics, Comparative Political Studies, Journal of Conflict Resolution, Constitutional Political Economy, Political Africaine and Afrique Contemporaine.
Some of his recent publications include "The Paradox of 'Warlord' Democracy: A Theoretical Investigation", American Political Science Review, (Vol. 98, No1, 2004); and "Resource Wealth and Political Regimes in Africa" (with Nathan Jensen), Comparative Political Studies, (Vol. 37, No. 7, 816-841, 2004).
Wantchekon is the editor of the Journal of African Development (JAD), formally known as Journal of African Finance and Economic Development (JAFED). He is the founding director of the Institute for Empirical Research in Political Economy, which is based in Benin (West Africa) and at New York University. He is currently serving on the APSA international committee as well as the APSA Africa initiative committee. He was also a division chair at the 2005 APSA Annual meetings in Washington DC.
Richard and Rhoda Goldman Conference Room
Why is there no ethnic voting in Mali? Results from an Experiment in the Field
Thad Dunning is Assistant Professor of Political Science and a research fellow at Yale's Whitney and Betty MacMillan Center for International and Area Studies as well as the Institution for Social and Policy Studies.
Dunning studies comparative politics, political economy, international relations, and methodology. His book, Crude Democracy: Natural Resource Wealth and Political Regimes (2008, Cambridge University Press), studies the democratic and authoritarian effects of natural resource wealth.
Dunning conducts field research in Latin America and Africa and has written on a range of methodological topics, including econometric corrections for selection effects and the use of natural experiments in the social sciences. Previous work has appeared in International Organization, The Journal of Conflict Resolution, Political Analysis, Studies in Comparative International Development, Geopolitics and in a Handbook of Methodology (2007, Sage Publications).
He received a Ph.D. degree in political science and an M.A. degree in economics from the University of California, Berkeley (2006).
Reuben W. Hills Conference Room
A Changing Asia: Threat or Opportunity?
As the world’s most dynamic and rapidly advancing region, the Asia-Pacific has commanded global attention. Business and policy leaders alike have been focused on the rise of China, tensions on the Korean peninsula, Japan’s economic recovery and political assertiveness, globalization and the outsourcing of jobs to South Asia, Indonesia’s multiple transitions, competing forces of nationalism vs. regionalism, and the future of U.S.-Asia relations.
What is the near-term outlook for change in the region? How might developments in the economic, political, or security sphere affect Asia’s expected trajectory? And how will a changing Asia impact the United States? These were among the complex and challenging issues addressed by a faculty panel from the Shorenstein Asia-Pacific Research Center (Shorenstein APARC) and the Eurasia Group at the Asia Society in New York on January 23, 2006.
Q. COIT BLACKER: WHAT IS THE MOST DIFFICULT, CHALLENGING ISSUE YOU SEE?
A. HARRY HARDING:
In China, we are seeing a darker side of the Chinese success story. Millions of people have been lifted out of poverty, China's role in international affairs is on the rise, and China is an increasingly responsible stakeholder in an open, liberal global economy. Yet, the world is now seeing the problems China's reform program has failed to resolve. China's new five-year plan seeks to address a number of these issues, providing a plan for sustainable economic development that is environmentally
responsible and addresses chronic pollution problems, for a harmonious society that
addresses inequalities and inadequacies in the provision of medical care, insurance
and pension systems, and for continuing technological innovation, as part of China's
quest to become an exporter of capital and technology.
The world should be deeply concerned about developments on the Korean peninsula. Two pressing issues are U.S. relations with South Korea and the nuclear crisis with the North. It is not clear when or whether we will see a solution. Time may be against the United States on the issue. China and South Korea are not necessarily willing to follow the U.S. approach; without their cooperation, it is difficult to secure a successful solution. The younger generation emerging in South Korea does not see North Korea as a threat. Our own relations with South Korea are strained and we are viewed as preoccupied with Iraq and Iran, as North Korea continues to develop nuclear weapons.
In Southeast Asia, a key problem is uneven development, both in and between the political and economic spheres. Potentially volatile contrasts are seen throughout the region. Vietnam is growing at 8 percent per year, but will it become a democracy? It has not yet. Indonesia has shifted to democracy, but absent faster economic growth, that political gain could erode. Indonesia's media are among the freest in the region;
multiple peaceful elections have been held--a remarkable achievement--and nearly all Islamists shun terrorism. Older Indonesians remember, however, that the economy
performed well without democracy under President Suharto. Nowadays, corruption
scandals break out almost daily, nationalist and Islamist feelings are strong, and the
climate is not especially favorable to foreign investment. While Burma's economy
lags, its repressive polity embarrasses the Association of Southeast Asian Nations
(ASEAN). How long can the generals in Rangoon hold on? Disparities are also
international: dire poverty marks Laos and Cambodia, for example, while the
Malaysian and Thai economies have done well.
Japan is a "good news/bad news" story. The good news is that Japan has found a new security niche since the end of the Cold War. Previously, when a security problem loomed "over the horizon," they expected us to take care of it while, if prodded, they increased their financial support for U.S. troops stationed in Japan. During the first post-Cold War conflict in the Persian Gulf, Japan had neither the political consensus nor the legal framework to permit a sharing of the risks, as well as the costs, and this cost them politically. Since then, they have passed legislation that permits them to participate in U.N. peacekeeping activities, contribute noncombat, logistic, and other services to "coalition of the willing" operations, and even dispatch troops to join reconstruction activities in Iraq. Clearly, their more ambitious role is helping to make the U.S.-Japan alliance more balanced and more global.The bad news is a reemergence of stronger nationalist sentiment in Japan and more generally in Northeast Asia. In part this is attributable to the collapse of the Left in Japanese politics since the mid-1990s. This has left the Conservatives more dominant, and they are less apologetic about Japanese conduct in the 1930s and 1940s, more inclined to regard North Korea and China as potential threats, more assertive with respect to territorial issues, less sensitive to their neighbors’ reactions to Prime Ministerial visits to Yasukuni Shrine, and more eager to be regarded as a “normal” nation. Many Asians see the United States as pushing Japan to take on a more active security role and, in the context of rising Japanese nationalism, are less inclined to view the U.S.-Japan alliance as a source of reassurance.
Q. COIT BLACKER: WHAT ARE THE COMPETING AND CONFLICTING TENSIONS BETWEEN REGIONALISM AND NATIONALISM?
A. HARRY HARDING:
In China, there has been a resurgence of nationalism over the past 10 to 15 years. Since the end of the Maoist era and the beginning of the reform movement, the leadership has embraced nationalism as a source of legitimacy, but this is a double-edged sword. It places demands on the government to stand up for China’s face, rights, and prestige in international affairs, especially vis-à-vis Japan, the United States, and Taiwan, at times pushing Beijing in directions it does not wish to go.
A. DONALD EMMERSON:
In Indonesia, it is important to distinguish between inward and outward nationalism. Outward nationalism was manifest in Sukarno’s policy of confrontation with Malaysia. ASEAN is predicated on inward nationalism and outward cooperation. Nationalist feelings can be used inwardly to motivate reform and spur development. But there are potential drawbacks. Take the aftermath of the conflict in Aceh. The former rebels want their own political party. Hard-line nationalists in the Indonesian parliament, however, are loath to go along, and that could jeopardize stability in a province already exhausted by civil war and damaged by the 2004 tsunami.
A. GI-WOOK SHIN:
Korea is a nation of some 70 million people, large by European standards, but small in comparison to the giants of Asia, especially China, India, and Russia, making Korea very concerned about what other countries are doing and saying. Korea is currently undergoing an identity crisis. Until the 1980s, the United States was seen as a “savior” from Communism and avid supporter of modernization. Since then, many Koreans have come to challenge this view, arguing that the United States supported Korean dictatorship. Koreans are also rethinking their attitudes toward North Korea, seeing Koreans as belonging to one nation. This shift has contributed to negative attitudes toward both the United States and Japan
Q. COIT BLACKER: GENERATIONAL CHANGE IS ALSO A MAJOR ISSUE IN CHINA, THE DPRK, AND JAPAN. WHAT DOES IT BODE FOR POLITICAL CHANGE?
A. MICHAEL ARMACOST:
Japan has had a “one and a half party system” for more than half a century. Yet the Liberal Democratic Party has proven to be remarkably adaptive, cleverly co-opting many issues that might have been exploited by the opposition parties. It is clearly a democratic country, but its politics have not been as competitive as many other democracies. As for the United States, we have promoted lively democracies throughout the region. But we should not suppose that more democratic regimes will necessarily define their national interests in ways that are invariably compatible with ours. In both Taiwan and South Korea, to the contrary, democratic leaderships have emerged which pursue security policies that display less sensitivity to Washington’s concerns, and certainly exhibit little deference to U.S. leadership.
A. GI-WOOK SHIN:
In both North and South Korea, a marked evolution is under way. In the South, many new members of the parliament have little knowledge of the United States. Promoting mutual understanding is urgently needed on both sides. In the North, the big question is who will succeed Kim Jong Il—an issue with enormous implications for the United States.
A. DONALD EMMERSON:
Indonesians have a noisy, brawling democracy. What they don’t have is the rule of law. Judges can be bought, and laws are inconsistently applied. The Philippines enjoyed democracy for most of the 20th century, but poverty and underdevelopment remain rife, leading many Filipinos to ask just where democracy has taken their nation.
A. HARRY HARDING:
China has seen a significant increase in rural protests. There has been an increase in both the number of incidents and the level of violence. People are being killed, not just in rural areas, but also in major cities like Chengdu. We are seeing a new wave of political participation by professional groups, such as lawyers and journalists, galvanizing public support on such issues as environmental protection, failure to pay pensions, confiscation of land, and corruption. A new generation has been exposed to the Internet, the outside world, and greater choice, but it is not yet clear at what point they will demand greater choice in their own political life.
WHAT WOULD YOU ADVISE THE PRESIDENT ON U.S. POLICY TOWARDS ASIA?
In the lively question-and-answer session, panelists were asked, "Given the chance to talk to the U.S. President about change and improvement in U.S.-Asia policy, what would you say?"
MICHAEL ARMACOST: I am struck by a mismatch between our interests and our strategy in Asia. In some respects our Asia policy has become something of an adjunct of our policy toward the Middle East-where we confront perhaps more urgent, if not more consequential, concerns. Asia is still the most dynamic economic zone in the world; it is the region in which the most significant new powers are emerging; and it is where the interests of the Great Powers intersect most directly. Also, it is an area where profound change is taking place swiftly. We are adapting our policies in Asia to accommodate current preoccupations in the Muslim world, rather than with an eye to preserving our power and relevance in Asia.
HARRY HARDING: It is striking how much Asian nations still want us around- as an offshore balancer and a source of economic growth. Yet they want us to understand the priorities on their agenda as well as our own. We are seen as obsessed with terrorism and China. We should exhibit more support for Asian institution building, as we have with the European Union. We also need to get our own economic act together-promoting education, stimulating scientific research and technological innovation, and reducing our budget deficits-and quit resting on past laurels. Requiring Japan to accept U.S. beef exports and then sending them meat that did not meet the agreed-upon standards has been a setback for our relations, since the Japanese public regards the safety of its food supply as critically important.
DONALD EMMERSON: Most opinion-makers in Southeast Asia are tired of Washington's preoccupation with terrorism. To be effective in the region, we must deal-and appear to be dealing-with a wider array of economic, social, and political issues, and not just bilaterally. The United States is absent at the creation of East Asian regionalism. For various reasons, we were not invited to participate in the recent East Asia Summit. Meanwhile, China's "smile diplomacy" has yielded 27 different frameworks of cooperation between that country and ASEAN. We need to be more, and more broadly, engaged.
MICHAEL ARMACOST: The establishment of today's European community began with the historic reconciliation between France and Germany. I doubt that a viable Asian community can be created without a comparable accommodation between China and Japan. Some observers believe that current tensions between Tokyo and Beijing are advantageous insofar as they facilitate closer defense cooperation between the United States and Japan. I do not share that view. A drift toward Sino-Japanese strategic rivalry would complicate our choices as well as theirs, and I hope we can find ways of attenuating current tensions.
Multiyear study of the challenges to European Union integration and crisis intervention
The Forum on Contemporary Europe (FCE) continues a multiyear study of the challenges facing European Union integration and global crisis intervention. The increasingly complex demands straining Europe and its trans-Atlantic relations—labor migration, spending on welfare economies, globalized cultures, and threats of terrorism, coupled with Europe’s struggle to ratify a single constitution—underline the need to measure prospects for unification and the EU’s ability to function as a coordinated international actor. This year, FCE is broadening its work to assess the role an integrated EU can play in addressing the world’s most troubling crises.
EU INTEGRATION: THE CASE OF TURKEY
The forum has explored the question of Turkey’s EU membership with Stanford scholars, European leaders, and the public. In spring 2006, former German foreign minister Joschka Fischer and author Christopher Hitchens offered candid analyses of EU expansion. Hitchens challenged commonplace descriptions of “Christian Old Europe” antagonized by “Islamicized” secular Turkey. Europe and Islam are not newly in contention, he said, but are playing out a centuries-old relationship grounded in the European and Ottoman empires in the Eastern Mediterranean. For Hitchens, the portrait of clashing civilizations obscures the crises facing minority Kurdish and neighboring societies whose survival is at stake in EU expansion.
Delivering the Payne lecture, Fischer noted the dilemma of seeking to achieve popular ratification of a European constitution at a time when public attention is galvanized by the Turkish candidacy. Fischer rejected common comparisons between European state rulings on Islamic traditions and models of U.S. multiculturalism. Fischer found admirable aspects of the U.S. inspiration but questioned its relevance for mediating myriad EU interests. For Fischer, the EU as a supra-state actor holds the promise to democratize conflict resolution in the deliberative model of the European Parliament and legitimate its role as a peacekeeping actor.
EU INTERVENTION: CRISIS MANAGMENT AND COMBATING INTERNATIONAL TERRORISM
The forum’s new focus on EU crisis intervention began with addresses by Sir Richard Dearlove, former head of Britain’s Security Services (MI-6), and Alain Bauer, former vice president of the University of Paris–Sorbonne and director of France’s National Institute for Higher Studies in Security, who discussed EU counterintelligence and international early-warning protocols. Greek Ambassador Alexandros Mallias spoke on the Eastern Mediterranean context that frames the Turkish candidacy, the economics of EU integration, and prospects for responding to the tensions in Cyprus. Austrian Ambassador Eva Novotny spoke on Austria’s immediate past EU presidency, evaluating the impact of the EU Council’s intervention in the Israel-Lebanon crisis. Professor Josef Joffe spoke on his new book, Uberpower: The Imperial Temptation of America, and the prospects for U.S.–EU interaction in global affairs.
The forum’s fall series brought public acclaim when Daniel Cohn-Bendit, co-president of the European Parliament Greens/New Alliance Parties, delivered FCE’s 2006–2007 “Europe Now” address, cosponsored by Stanford’s Abbasi Program in Islamic Studies and the Woods Institute for the Environment. Speaking to an overflow crowd, and meeting separately with faculty and researchers, Cohn-Bendit focused his public remarks on European Integration: Society, Politics, and Islam. A European Parliament leader, Cohn-Bendit spoke on his party’s proposal to deploy Joschka Fischer as the EU representative to Middle East peace negotiations. Expanding and integrating the EU, Cohn-Bendit argued, is the most reasonable strategy for strengthening Europe’s role in international relations and crisis intervention.
The Forum on Contemporary Europe continues to deepen scholarly and public understanding of the EU promise to achieve democratic governance, economic growth, security, and social integration among its member states and in its foreign engagements.