Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.001.0001
- Subject:
- Political Science, International Relations and Politics
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ...
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This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.Less
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.
Nicola Casarini
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199560073
- eISBN:
- 9780191721168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560073.003.0006
- Subject:
- Political Science, International Relations and Politics
This chapter examines EU—China space and satellite navigation cooperation, including the strategic implications of this form of collaboration for the United States. This chapter traces the process ...
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This chapter examines EU—China space and satellite navigation cooperation, including the strategic implications of this form of collaboration for the United States. This chapter traces the process leading to the EU—China political agreement on the joint development of Galileo (the EU‐led global navigation satellite system alternative to the dominant US Global Positioning System) and examines the reaction of US policy makers concerned that this form of international collaboration would support China in upgrading its space capabilities and power projection in the region precisely at a time when the Pentagon would perceive Beijing as a potential space competitor. This chapter asks the following: Why did the EU invite China to cooperate in the joint development of Galileo? What would EU and Chinese policy makers like to achieve with this kind of cooperation? And what would be the strategic implications for the United States and its East Asian allies?Less
This chapter examines EU—China space and satellite navigation cooperation, including the strategic implications of this form of collaboration for the United States. This chapter traces the process leading to the EU—China political agreement on the joint development of Galileo (the EU‐led global navigation satellite system alternative to the dominant US Global Positioning System) and examines the reaction of US policy makers concerned that this form of international collaboration would support China in upgrading its space capabilities and power projection in the region precisely at a time when the Pentagon would perceive Beijing as a potential space competitor. This chapter asks the following: Why did the EU invite China to cooperate in the joint development of Galileo? What would EU and Chinese policy makers like to achieve with this kind of cooperation? And what would be the strategic implications for the United States and its East Asian allies?
Caroline Fehl
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780199608621
- eISBN:
- 9780191731730
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608621.003.0001
- Subject:
- Political Science, International Relations and Politics
This chapter introduces the book’s central research question: Why have European proponents of multilateral treaty initiatives dealt in varying ways with US opposition to their proposals, at times ...
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This chapter introduces the book’s central research question: Why have European proponents of multilateral treaty initiatives dealt in varying ways with US opposition to their proposals, at times accommodating US objections and at times opting for non-hegemonic cooperation? The chapter discusses why varying European responses to US policy have remained a blind spot in the current debate about ‘US unilateralism’, and why understanding European strategic choices vis-à-vis the reluctant hegemon is of both practical and theoretical relevance. It maps the historical trend toward transatlantic conflicts over multilateral agreements and the pattern of varying European responses to these conflicts after 1990. It reviews various ‘ad hoc’ explanations of European choices that have been advanced by analysts in commenting on recent high-profile transatlantic controversies and discusses the methodological shortcomings of these contributions. The chapter concludes with a brief sketch of the book’s theoretical argument, case selection, and structure.Less
This chapter introduces the book’s central research question: Why have European proponents of multilateral treaty initiatives dealt in varying ways with US opposition to their proposals, at times accommodating US objections and at times opting for non-hegemonic cooperation? The chapter discusses why varying European responses to US policy have remained a blind spot in the current debate about ‘US unilateralism’, and why understanding European strategic choices vis-à-vis the reluctant hegemon is of both practical and theoretical relevance. It maps the historical trend toward transatlantic conflicts over multilateral agreements and the pattern of varying European responses to these conflicts after 1990. It reviews various ‘ad hoc’ explanations of European choices that have been advanced by analysts in commenting on recent high-profile transatlantic controversies and discusses the methodological shortcomings of these contributions. The chapter concludes with a brief sketch of the book’s theoretical argument, case selection, and structure.
Nicolas Jabko and Craig Parsons (eds)
- Published in print:
- 2005
- Published Online:
- February 2006
- ISBN:
- 9780199283958
- eISBN:
- 9780191603297
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199283958.001.0001
- Subject:
- Political Science, European Union
Since 1945, two major projects have dominated European worldviews: the transatlantic partnership and “integration” in the European Union. Neither is fundamentally at risk today, but both have entered ...
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Since 1945, two major projects have dominated European worldviews: the transatlantic partnership and “integration” in the European Union. Neither is fundamentally at risk today, but both have entered uncharted territory. President Bush has asked bluntly if Europeans are “with us or against us,” and most lean toward the latter. The EU’s original road map for integration culminated in monetary union, and its future agenda is vague. This introduction and the book that follows chart the many trends of change that carried Europe to this crossroads. It aims for accessibility for European and American students, avoiding theoretical jargon and mapping European trends in comparison to American policies and institutions.Less
Since 1945, two major projects have dominated European worldviews: the transatlantic partnership and “integration” in the European Union. Neither is fundamentally at risk today, but both have entered uncharted territory. President Bush has asked bluntly if Europeans are “with us or against us,” and most lean toward the latter. The EU’s original road map for integration culminated in monetary union, and its future agenda is vague. This introduction and the book that follows chart the many trends of change that carried Europe to this crossroads. It aims for accessibility for European and American students, avoiding theoretical jargon and mapping European trends in comparison to American policies and institutions.
Nicola Casarini
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199560073
- eISBN:
- 9780191721168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199560073.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter examines the debate surrounding the proposal — (officially put forward in Autumn 2003) to lift the EU arms embargo imposed on China in June 1989, after the crackdown on students in ...
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This chapter examines the debate surrounding the proposal — (officially put forward in Autumn 2003) to lift the EU arms embargo imposed on China in June 1989, after the crackdown on students in Tiananmen Square. Alongside EU—China space cooperation, the proposal to lift the arms ban is the other initiative which has attracted most of the attention, and the concern, of the United States and its East Asian allies. This chapter presents the positions in favour and against the lifting, the current technical provisions regulating European arms sales to China, and the strong opposition to the lifting by the United States and its East Asian allies (in particular Japan and Taiwan). This chapter delves into the analysis of the different connections made by EU policy makers on the one hand and American, Japanese, and Taiwanese on the other, in the period 2003–5, regarding China's rise and East Asia's strategic balance.Less
This chapter examines the debate surrounding the proposal — (officially put forward in Autumn 2003) to lift the EU arms embargo imposed on China in June 1989, after the crackdown on students in Tiananmen Square. Alongside EU—China space cooperation, the proposal to lift the arms ban is the other initiative which has attracted most of the attention, and the concern, of the United States and its East Asian allies. This chapter presents the positions in favour and against the lifting, the current technical provisions regulating European arms sales to China, and the strong opposition to the lifting by the United States and its East Asian allies (in particular Japan and Taiwan). This chapter delves into the analysis of the different connections made by EU policy makers on the one hand and American, Japanese, and Taiwanese on the other, in the period 2003–5, regarding China's rise and East Asia's strategic balance.
Cedric Ryngaert
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199544714
- eISBN:
- 9780191719943
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544714.001.0001
- Subject:
- Law, Public International Law
This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international ...
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This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.Less
This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Caroline Fehl
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780199608621
- eISBN:
- 9780191731730
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199608621.001.0001
- Subject:
- Political Science, International Relations and Politics
This book addresses a striking puzzle in contemporary world politics: Why have European states responded in varying ways to unilateralist tendencies in US foreign policy? The United States played a ...
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This book addresses a striking puzzle in contemporary world politics: Why have European states responded in varying ways to unilateralist tendencies in US foreign policy? The United States played a hegemonic leadership role in building the post‐war multilateral order, but has been reluctant to embrace many recent multilateral treaty initiatives championed by its traditional European allies, such as the Kyoto Protocol on climate change, the International Criminal Court, or the verification protocol to the Biological Weapons Convention. European responses to US objections, however, have varied across these different transatlantic controversies. In some cases, European decision‐makers watered down or abandoned contested treaties, whereas in others, they opted for regime‐building excluding the US, that is, for a strategy of non‐hegemonic cooperation. How Europeans choose to deal with the ‘reluctant hegemon’ has critical implications for how key global challenges are addressed—yet, the variation of their responses has been largely overlooked in a scholarly debate fixated on understanding US policy. This book fills this important gap by studying European strategic choices in five recent transatlantic conflicts over multilateral agreements. It argues that neither realist accounts of global power dynamics nor rational institutionalist models of cooperation can fully explain why Europeans opt for non‐hegemonic cooperation in some cases but not others. To resolve this puzzle, we need to combine rationalist propositions with constructivist insights about normative constraints on states’ institutional choices. By developing such an integrated model, the book sheds new light on the long‐standing theoretical debate about the relationship between hegemony and international cooperation.Less
This book addresses a striking puzzle in contemporary world politics: Why have European states responded in varying ways to unilateralist tendencies in US foreign policy? The United States played a hegemonic leadership role in building the post‐war multilateral order, but has been reluctant to embrace many recent multilateral treaty initiatives championed by its traditional European allies, such as the Kyoto Protocol on climate change, the International Criminal Court, or the verification protocol to the Biological Weapons Convention. European responses to US objections, however, have varied across these different transatlantic controversies. In some cases, European decision‐makers watered down or abandoned contested treaties, whereas in others, they opted for regime‐building excluding the US, that is, for a strategy of non‐hegemonic cooperation. How Europeans choose to deal with the ‘reluctant hegemon’ has critical implications for how key global challenges are addressed—yet, the variation of their responses has been largely overlooked in a scholarly debate fixated on understanding US policy. This book fills this important gap by studying European strategic choices in five recent transatlantic conflicts over multilateral agreements. It argues that neither realist accounts of global power dynamics nor rational institutionalist models of cooperation can fully explain why Europeans opt for non‐hegemonic cooperation in some cases but not others. To resolve this puzzle, we need to combine rationalist propositions with constructivist insights about normative constraints on states’ institutional choices. By developing such an integrated model, the book sheds new light on the long‐standing theoretical debate about the relationship between hegemony and international cooperation.
Cedric Ryngaert
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199544714
- eISBN:
- 9780191719943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199544714.003.0006
- Subject:
- Law, Public International Law
This chapter focuses on jurisdictional reasonableness. It argues that reasonable jurisdiction could emerge through transnational communicative networks wiring State, international, and private ...
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This chapter focuses on jurisdictional reasonableness. It argues that reasonable jurisdiction could emerge through transnational communicative networks wiring State, international, and private actors. It proposes that States apply their own laws only on a subsidiary basis. Subsidiarity serves to restrain the exercise of jurisdiction by giving the State with the strongest nexus the primary right to exercise jurisdiction. If the ‘primary’ State fails to exercise jurisdiction, even if, from a global perspective, such were desirable, the ‘subsidiary’ State has the right — and, it may be argued, sometimes the duty — to step in, in the interest of the global community. Such a jurisdictional system connects sovereign interests with global interests, and ensures that impunity and globally harmful underregulation do not arise.Less
This chapter focuses on jurisdictional reasonableness. It argues that reasonable jurisdiction could emerge through transnational communicative networks wiring State, international, and private actors. It proposes that States apply their own laws only on a subsidiary basis. Subsidiarity serves to restrain the exercise of jurisdiction by giving the State with the strongest nexus the primary right to exercise jurisdiction. If the ‘primary’ State fails to exercise jurisdiction, even if, from a global perspective, such were desirable, the ‘subsidiary’ State has the right — and, it may be argued, sometimes the duty — to step in, in the interest of the global community. Such a jurisdictional system connects sovereign interests with global interests, and ensures that impunity and globally harmful underregulation do not arise.
David Patrick Houghton
- Published in print:
- 2009
- Published Online:
- September 2012
- ISBN:
- 9780748627400
- eISBN:
- 9780748671946
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748627400.003.0008
- Subject:
- Political Science, American Politics
This chapter examines the relationship between Europe and the United States under President George W. Bush during the latter's two terms in office. In his 2003 book, Of Paradise and Power, Robert ...
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This chapter examines the relationship between Europe and the United States under President George W. Bush during the latter's two terms in office. In his 2003 book, Of Paradise and Power, Robert Kagan claims that a permanent rift has developed between the United States and Europe, based on gaping power differentials in the wake of the Soviet Union's demise. It would be a dangerous exaggeration to see the intellectual Kagan and the dominant foreign policy decision-makers within the Bush administration as entirely synonymous. This chapter argues that the conflict between America and Europe were predominantly the product of the Bush administration's beliefs, and that there is nothing unusual in the history of transatlantic relations about such disputes. It considers the disagreement between the two parties over Bush's decision to invade Iraq, the war on terror and the military issue of what to do with prisoners captured on the battlefield, and the impact of Gordon Brown's victory as Prime Minister of Britain on British–US relations.Less
This chapter examines the relationship between Europe and the United States under President George W. Bush during the latter's two terms in office. In his 2003 book, Of Paradise and Power, Robert Kagan claims that a permanent rift has developed between the United States and Europe, based on gaping power differentials in the wake of the Soviet Union's demise. It would be a dangerous exaggeration to see the intellectual Kagan and the dominant foreign policy decision-makers within the Bush administration as entirely synonymous. This chapter argues that the conflict between America and Europe were predominantly the product of the Bush administration's beliefs, and that there is nothing unusual in the history of transatlantic relations about such disputes. It considers the disagreement between the two parties over Bush's decision to invade Iraq, the war on terror and the military issue of what to do with prisoners captured on the battlefield, and the impact of Gordon Brown's victory as Prime Minister of Britain on British–US relations.
Andreas Paulus
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199795208
- eISBN:
- 9780199919307
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199795208.003.0039
- Subject:
- Law, Public International Law
Robert Kagan's article and book on the future of transatlantic relations have gained much prominence in the debate on the reasons for and impact of the transatlantic rift over the war against Iraq. ...
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Robert Kagan's article and book on the future of transatlantic relations have gained much prominence in the debate on the reasons for and impact of the transatlantic rift over the war against Iraq. However, Kagan's work confirms rather than challenges the prejudices and stereotypes of both sides. After putting Kagan's approach in a political perspective, this chapter shows that the antinomies used by Kagan and other participants in the debate—such as might and right, unilateralism and multilateralism, prevention and repression, hegemony and sovereign equality, democratic imperialism and pluralism—constitute useful analytical tools, but do not in any way capture the divergence of values and interests that exist between the United States and Europe. The result of such an analysis does not lead to the adoption of one or the other extreme. Instead, it leads to the realization that international law occupies the space between the extremes, allowing for the permanent renegotiation of the place of Mars and Venus in international affairs.Less
Robert Kagan's article and book on the future of transatlantic relations have gained much prominence in the debate on the reasons for and impact of the transatlantic rift over the war against Iraq. However, Kagan's work confirms rather than challenges the prejudices and stereotypes of both sides. After putting Kagan's approach in a political perspective, this chapter shows that the antinomies used by Kagan and other participants in the debate—such as might and right, unilateralism and multilateralism, prevention and repression, hegemony and sovereign equality, democratic imperialism and pluralism—constitute useful analytical tools, but do not in any way capture the divergence of values and interests that exist between the United States and Europe. The result of such an analysis does not lead to the adoption of one or the other extreme. Instead, it leads to the realization that international law occupies the space between the extremes, allowing for the permanent renegotiation of the place of Mars and Venus in international affairs.
Kjell M. Torbiorn
- Published in print:
- 2003
- Published Online:
- July 2012
- ISBN:
- 9780719065729
- eISBN:
- 9781781700488
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719065729.001.0001
- Subject:
- Political Science, European Union
This study interprets and interrelates the major political, economic and security developments in Europe – including transatlantic relations – from the end of World War II up until the present time, ...
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This study interprets and interrelates the major political, economic and security developments in Europe – including transatlantic relations – from the end of World War II up until the present time, and looks ahead to how the continent may evolve politically in the future. It weaves all the different strands of European events together into a single picture that gives the reader a deep understanding of the continent, and of its current and future challenges. The first chapters trace European reconstruction and political, economic and security developments – both in the East and in the West – leading up to the dissolution of the Soviet Union in 1991. Later chapters examine the European Union's reform efforts, enlargement, movement to a single currency and emerging security role; the political and economic changes in central and Eastern Europe, including Russia; the break up of Yugoslavia and the wars that ensued; and the North Atlantic Treaty Organisation (NATO)'s enlargement and search for a new mission. Final chapters deal with forces affecting Europe's future, such as terrorism, nationalism, religion, demographic trends and globalisation.Less
This study interprets and interrelates the major political, economic and security developments in Europe – including transatlantic relations – from the end of World War II up until the present time, and looks ahead to how the continent may evolve politically in the future. It weaves all the different strands of European events together into a single picture that gives the reader a deep understanding of the continent, and of its current and future challenges. The first chapters trace European reconstruction and political, economic and security developments – both in the East and in the West – leading up to the dissolution of the Soviet Union in 1991. Later chapters examine the European Union's reform efforts, enlargement, movement to a single currency and emerging security role; the political and economic changes in central and Eastern Europe, including Russia; the break up of Yugoslavia and the wars that ensued; and the North Atlantic Treaty Organisation (NATO)'s enlargement and search for a new mission. Final chapters deal with forces affecting Europe's future, such as terrorism, nationalism, religion, demographic trends and globalisation.
Abraham L. Newman and Elliot Posner
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780198818380
- eISBN:
- 9780191859526
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198818380.003.0004
- Subject:
- Political Science, Democratization
Chapter 4 focuses on soft law’s second-order consequences for rising regulatory powers. One of the key puzzles in the international regulation of finance is the persistence of cooperation even as the ...
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Chapter 4 focuses on soft law’s second-order consequences for rising regulatory powers. One of the key puzzles in the international regulation of finance is the persistence of cooperation even as the number of economic great powers increases. The emergence of the European Union as a financial rule-maker in the late 1990s and early 2000s, roughly on par with the United States, resulted in a transatlantic alignment of regulatory approaches, not conflict over the fundamentals. This chapter demonstrates how soft law was used by reform-minded factions in Europe to legitimize their claims and tip in their favor political contests over the modernization of internal regulation. International soft law served as a mechanism of endogenous change, helping to foster a great power preference alignment along market-friendly paths and setting the stage for the financial crisis.Less
Chapter 4 focuses on soft law’s second-order consequences for rising regulatory powers. One of the key puzzles in the international regulation of finance is the persistence of cooperation even as the number of economic great powers increases. The emergence of the European Union as a financial rule-maker in the late 1990s and early 2000s, roughly on par with the United States, resulted in a transatlantic alignment of regulatory approaches, not conflict over the fundamentals. This chapter demonstrates how soft law was used by reform-minded factions in Europe to legitimize their claims and tip in their favor political contests over the modernization of internal regulation. International soft law served as a mechanism of endogenous change, helping to foster a great power preference alignment along market-friendly paths and setting the stage for the financial crisis.
Daniel Mügge (ed.)
- Published in print:
- 2014
- Published Online:
- June 2014
- ISBN:
- 9780199683963
- eISBN:
- 9780191763410
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199683963.001.0001
- Subject:
- Business and Management, Finance, Accounting, and Banking
The European Union (EU) is a central player in global financial governance. At the same time, developments outside of Europe, in particular on Wall Street and in Washington, have an enormous impact ...
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The European Union (EU) is a central player in global financial governance. At the same time, developments outside of Europe, in particular on Wall Street and in Washington, have an enormous impact on how the EU regulates its own financial markets. Understanding European financial governance is impossible without paying attention to regulatory developments elsewhere and vice versa––both historically and in future scenarios. This book charts this European-global link in financial governance. It covers the whole breadth of financial markets, ranging from banking, auditing and accounting to derivatives trading, money laundering and tax governance. Its contributions demonstrate that global financial governance has moved beyond simple dominance by the USA. Nevertheless, transatlantic regulation relations––now the central axis of global rule setting––is not marked by intensifying conflict but rather by mutual adaptation and a readiness to accommodate national and regional idiosyncrasies.Less
The European Union (EU) is a central player in global financial governance. At the same time, developments outside of Europe, in particular on Wall Street and in Washington, have an enormous impact on how the EU regulates its own financial markets. Understanding European financial governance is impossible without paying attention to regulatory developments elsewhere and vice versa––both historically and in future scenarios. This book charts this European-global link in financial governance. It covers the whole breadth of financial markets, ranging from banking, auditing and accounting to derivatives trading, money laundering and tax governance. Its contributions demonstrate that global financial governance has moved beyond simple dominance by the USA. Nevertheless, transatlantic regulation relations––now the central axis of global rule setting––is not marked by intensifying conflict but rather by mutual adaptation and a readiness to accommodate national and regional idiosyncrasies.
Elliot Posner
- Published in print:
- 2018
- Published Online:
- February 2018
- ISBN:
- 9780190864576
- eISBN:
- 9780190869557
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190864576.003.0003
- Subject:
- Political Science, International Relations and Politics, Political Economy
This chapter explores the cross-border politics of derivatives regulation. It first shows that negotiations over implementing the agreed G20 principles vary across regulatory areas, with cooperation ...
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This chapter explores the cross-border politics of derivatives regulation. It first shows that negotiations over implementing the agreed G20 principles vary across regulatory areas, with cooperation in derivatives regulation standing out along several dimensions: a greater reliance on US‒EU bilateralism, the duration and difficulty of managing conflicts, and the pervasiveness of misperception. Finding prominent explanations unsatisfactory, this study instead attributes the pattern of observed difference in large part to variance in the pre-crisis development of transnational institutions. Compared to banking, the relatively underdeveloped transnational institutions for the regulation of derivatives markets left public officials with few resources for managing coordination at a moment of rapid domestic regulatory reforms. This chapter’s explanation thus combines scholarly research on the temporal effects of transnational institutions with insights from inter-state approaches. It takes seriously the potential for international institutions over time to condition and structure politics—beyond their creators’ original intent.Less
This chapter explores the cross-border politics of derivatives regulation. It first shows that negotiations over implementing the agreed G20 principles vary across regulatory areas, with cooperation in derivatives regulation standing out along several dimensions: a greater reliance on US‒EU bilateralism, the duration and difficulty of managing conflicts, and the pervasiveness of misperception. Finding prominent explanations unsatisfactory, this study instead attributes the pattern of observed difference in large part to variance in the pre-crisis development of transnational institutions. Compared to banking, the relatively underdeveloped transnational institutions for the regulation of derivatives markets left public officials with few resources for managing coordination at a moment of rapid domestic regulatory reforms. This chapter’s explanation thus combines scholarly research on the temporal effects of transnational institutions with insights from inter-state approaches. It takes seriously the potential for international institutions over time to condition and structure politics—beyond their creators’ original intent.
Abraham Newman
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780198724506
- eISBN:
- 9780191792113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198724506.003.0009
- Subject:
- Political Science, European Union, Comparative Politics
This chapter uses the case of data privacy to examine a number of potentially experimentalist governance mechanisms such as peer review and networked oversight as they shape global regulations. While ...
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This chapter uses the case of data privacy to examine a number of potentially experimentalist governance mechanisms such as peer review and networked oversight as they shape global regulations. While the European Union has many novel, reflexive internal mechanisms to govern data privacy within the Union and has relied on such tools in its global interactions, these global efforts have been largely unidirectional and at times verge on coercive tactics. At the same time, as a result of international interactions, the European Union has learned from other jurisdictions and the internal experimentalist mechanisms have allowed for the revision of domestic European rules. Global data privacy debates offer a case primarily of influential European regulatory export but this finding is tempered by the iterative process of internal regulatory reform within the European Union itself.Less
This chapter uses the case of data privacy to examine a number of potentially experimentalist governance mechanisms such as peer review and networked oversight as they shape global regulations. While the European Union has many novel, reflexive internal mechanisms to govern data privacy within the Union and has relied on such tools in its global interactions, these global efforts have been largely unidirectional and at times verge on coercive tactics. At the same time, as a result of international interactions, the European Union has learned from other jurisdictions and the internal experimentalist mechanisms have allowed for the revision of domestic European rules. Global data privacy debates offer a case primarily of influential European regulatory export but this finding is tempered by the iterative process of internal regulatory reform within the European Union itself.
Gary Schmidgall
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780199374410
- eISBN:
- 9780199374434
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199374410.003.0001
- Subject:
- Literature, American, 19th Century Literature
This introduction establishes just how counterintuitive this project is by setting out Whitman’s aggressively anti-British stance in his pre-Leaves years—his pose of transatlantic antipathy. This ...
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This introduction establishes just how counterintuitive this project is by setting out Whitman’s aggressively anti-British stance in his pre-Leaves years—his pose of transatlantic antipathy. This chapter also situates Whitman within the debate of the 1830s and 1840s over what he called that “terrible query”—can there actually be an American literature? It also presents Whitman’s often flippant early caricature of that “wonderful little island”—England—in his early journalism and Leaves. The chapter ends with a brief assertion of Whitman’s Darwinist notion of literary evolution, to which he would adhere until the end of his life.Less
This introduction establishes just how counterintuitive this project is by setting out Whitman’s aggressively anti-British stance in his pre-Leaves years—his pose of transatlantic antipathy. This chapter also situates Whitman within the debate of the 1830s and 1840s over what he called that “terrible query”—can there actually be an American literature? It also presents Whitman’s often flippant early caricature of that “wonderful little island”—England—in his early journalism and Leaves. The chapter ends with a brief assertion of Whitman’s Darwinist notion of literary evolution, to which he would adhere until the end of his life.
