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Michael Walling here looks back over the first twenty-five years of Border Crossings, the company he founded in 1995. The article explores the company’s intercultural remit, placing it within the wider context of multicultural and intercultural performance and policy, and the relationship between intercultural theory and practice. Structural questions around finance and organization are juxtaposed with an assessment of the dynamics of cross-cultural devising and the ethics of these collaborations. This article also explores Border Crossings’ text-based work, its curation of the ORIGINS Festival of First Nations and related ceremonies, and the company’s direct engagement with policy in the European Union. It is accompanied by a comprehensive chronology of the company’s productions. Michael Walling is Artistic Director of Border Crossings and Visiting Professor at Rose Bruford College. He has directed numerous productions across four continents, including opera as well as theatre.
Over the past 15 years, the European Commission has poured millions of euros into Research and Development in border security. This article looks at the devices that are funded under this scheme. To this end, it applies Multiple Correspondence Analysis to a database of 41 projects funded under 7th Framework Programme. This method of data visualisation unearths the deep patterns of opposition that run across the sociotechnical universe where European borders are designed and created. We identify three rationalities of power at play: territorial surveillance aimed at detecting rare events in remote areas, policing of dense human flows by sorting out the benign from the dangerous, and finally global dataveillance of cargo on the move. Instead of trends towards either the hardening of borders or their virtualisation, we, therefore, find multiple rationalities of power simultaneously redefining the modalities of control at EU borders. A second finding shows where precisely critical actors are located in this sociotechnical universe and indicates that the structure of European R&D in border security keeps irregularised migrants off their radars. This finding calls for more caution as to the possibility to effectively put critique to work within the context of EU R&D.
Substantial evidence on the adverse impact of ageing on lesbian, gay, bisexual and transgender (LGBT+) populations through the lack of inclusive care services has highlighted the need for education and training of the health and social care workforce to enhance their skills, knowledge and capabilities in this area. We describe a cross-national collaboration across four European Union countries called BEING ME. This collaboration examined the current pedagogic environment within professional, vocational and community-based education to identify what is most valuable for addressing these needs. The World Café method enabled a process of structured learning and knowledge exchange between stakeholders resulting in: (a) identification of best practices in pedagogies, (b) generation of tailored co-produced educational resources, and (c) recommendations on how to improve the knowledge and capabilities of future care professionals in the area of LGBT+ affirmative practices. Combined with themes from the post-Café evaluation, our findings suggest that underpinning professional and vocational education with a person-in-environment perspective facilitates going some way to acknowledging the historical context of older LGBT+ people's lives. Addressing the unique needs of sub-populations within LGBT+ communities and setting these in the context of holistic and person-centred care may better enable the meeting of their unique diverse needs for ageing. Recommendations are made for learning and teaching strategies to support improved LGBT+ aged care.
This chapter explains the evolving relationships between the UK and key European institutions - the European Union and the European Convention on Human Rights. It explains how the ECHR has redesigned its institutions to take account of the growth in case law and also to take account of concerns as to the right balance between providing a uniform protection of human rights across Europe and recognising cultural differences through developing a protocol on subsidiarity. It provides an account of the UK's membership of the EU, placing this in the context of the impact on the membership of the EU on the UK constitution. Moreover, it explains the path to Brexit, and provides an up-to-date account of legislation designed to implement Brexit and their constitutional consequences.
Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.
In 1994, many responsibilities of Statistics Sweden were transferred to new statistical units operating within policy areas. Statistics Sweden has gradually accrued greater formal powers to oversee and coordinate official statistics in the country, leading to a partial reversal of the decentralisation reforms. Chapter 4 shows how credibility imperatives and institutional settings have shaped these developments. Decentralisation emerged following the end of social democratic political hegemony, when centrist and new-right governments demanded greater responsiveness and efficiency and sought to break up bureaucratic monoliths. Depoliticisation pressures, driven by the EU context, have resulted in a political push for recentralisation of authority. Statistics Sweden historically pursued credibility by emphasising competency, but shifted to stressing usefulness and demystification of official statistics. Sweden’s statisticians enjoy formal independence thanks to constitutional provisions that protect the autonomy of Swedish government agencies, but continuous informal dialogues are used to secure policymakers’ influence over statistical agendas.
The onset of the economic crisis more than a decade ago posed extreme challenges to health care systems that may now be repeated with the COVID-19 pandemic. The resulting policies produced a wide range of (in some cases, even opposite) outcomes: increased or decreased public expenditures for health care. Curiously, however, countries that were considered particularly hard hit by the economic crisis showed different extremes of policy outcomes. Investigating these developments requires a dynamic view and identifying explanations for government action in one direction or the other. Using the lenses of several theoretical perspectives in public policy research, this article analyses the conditions under which public health expenditures changed in European Union member states after the financial crisis. Why did certain countries, at first sight similarly affected, show opposite outcomes? A Qualitative Comparative Analysis (QCA) confirms that left-wing governments and coordinated market economies, in combination and alone, tended to increase public health expenditures in the short term, whereas countries where neither of these conditions was present decreased public health expenditures.
This chapter sums up the book’s key theoretical claims and empirical findings and then explores the extension of its argument beyond the cases examined in the empirical chapters. It first applies the argument to additional migration-related policy areas, including asylum, refugee resettlement, migration control, immigrant integration, and citizenship policy. The chapter then ventures beyond the national level of policy making by using the insulation framework to shed light on the logic of immigration policy making in the European Union, followed by subnational policy making. The chapter concludes with an appraisal of the future politics of immigration policy.
This book studies arbitration from a constitutional perspective. Its scope is broad, for it explores the most important modalities of arbitration. Part One focuses on arbitration in private law. Any constitutional inquiry into arbitration must begin at the national level. We need to discuss whether Constitutions should protect the right to arbitration, and what kinds of justifications the state may advance in defence of the restrictions it places on the arbitral process. Part Two centers on investor-state arbitration, which has generated much controversy in recent years. Critics contend that this form of arbitration privileges foreign investors in unacceptable ways. Local investors are discriminated against and the ability of governments to regulate matters in the public interest is unduly curtailed, critics argue. Part Three looks at state-to-state arbitration, which has historically played a key part in the evolution of international law. The establishment of international courts in the twentieth century did not help transcend the arbitral foundations of adjudication, however. The jurisdiction of international courts always stems from the consent of the parties. This limitation should raise concerns from a constitutional point of view.
This chapter lays out the making of Swiss economic immigration policy from the late 1940s to the mid-2010s. It begins with the establishment of Switzerland’s guest worker regime with the signing of the Swiss-Italian recruitment treaty in 1948. The second case study traces a series of regulatory reforms over the course of the 1960s, culminating in the creation of the global ceiling system in 1970. The chapter’s third case study is the Three Circles Policy which sought to reconcile the diplomatic imperative of free movement of European workers with the populist calls for closure. The chapter’s final case study examines policy making in the 2000s as the Swiss government opted for a treaty-based approach to market integration, followed by the 2008 immigration act which codified the policy changes enacted through bilateral treaties and executive directives over the previous years. In 2014, Swiss voters adopted the Mass Immigration Initiative which presented policy makers with the impossible choice between legislating the people’s will or maintaining its bilateral treaties with the European Union.
This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty arbitration, and state-to-state arbitration. Victor Ferreres Comella argues for the recognition of a constitutional right to arbitration in the private sphere and discusses the constraints that the state is entitled to place on this right. He also explores the conditions under which investment treaty arbitration is constitutionally legitimate, and highlights the shortcomings of international adjudication from a constitutional perspective. The rich landscape of arbitration is explained in clear language, avoiding unnecessary technical jargon. Using examples drawn from a wide variety of domains, Ferreres bridges the gap between constitutional and arbitral theory.
The investment legal regime is part of a broad landscape that encompasses various institutional arrangements and branches of the law. In some parts of the world, for example, supranational organizations have been created. The European Union is a prominent illustration. May member states of the European Union conclude investment treaties among themselves? International law, moreover, includes branches dealing with issues that have implications for investment law, such as human rights law. The chapter explores the ways in which investment law should cohere with the rest of international law, both vertically and horizontally, and how arbitrators should see their role in this fragmented legal environment.
A picture that emerges is one of national interests being perceived, for reasons arising almost exclusively from national politics, in ways that effectively discount the threat of climate change. Climate change has been on the national agenda for decades, but national politics has repeatedly prevented it from being interpreted as a vital national interest by most national governments. Most countries still perceive the risk of acting to address climate effectively as being a threat to their economies, or at least to powerful economic actors. This does not necessarily cause them to ignore climate change, but it does result, at best, in watered-down climate policies. A question is whether this picture of national politics reveals widespread pathologies of climate governance in developed countries. This chapter aims to start answering this question by looking at the governance of climate change in the European Union, Russia, Australia, Canada and Japan. This gives a picture of how pathologies of national politics influence climate governance globally. Climate change is perceived to be a national interest to the extent that national politics determine it to be so.
Health care organizations have been challenged by the coronavirus disease 2019 (COVID-19) pandemic for some time, while in January 2020, it was not immediately suspected that it would take such a global expansion. In the past, other studies have already pointed out that health care systems, and more specifically hospitals, can be a so-called “soft target” for terrorist attacks. This report has now examined whether this is also the case in the context of the COVID-19 pandemic.
During the lockdown, hospitals turned out to be the only remaining soft targets for attacks, given that the other classic targets were closed during the lockdown. On the other hand, other important factors have limited the risk of such attacks in hospitals. The main delaying and relative risk-reducing factors were the access control on temperature and wearing a mask, no visits allowed, limited consultations, and investigations.
But even then, health care systems and hospitals were prone to (cyber)terrorism, as shown by other COVID-19-related institutions, such as pharmaceuticals involved in developing vaccines and health care facilities involved in swab testing and contact tracing. Counter-terrorism medicine (CTM) and social behavioral science can reduce the likelihood and impact of terrorism, but cannot prevent (state-driven) cyberterrorism and actions of lone wolves and extremist factions.
Joseph Brennan, as secretary of the Irish Department of Finance (1923–7) and chair of the Irish Currency Commission (1927–43), was a pivotal influence on Irish banking and currency affairs. Yet, within the existing literature, his adherence to conservative British norms is seen as providing a ‘bleak prescription’ for the Irish economy. However, such a view ignores the fact that Brennan was far from dogmatic on banking and currency issues and underplays his incrementalist, and often internationalist, approach to the development of Irish monetary institutions. Brennan's actions up to the early 1940s were based on the realities of Ireland's slowly receding economic and intellectual dependency on Britain, a ‘dependency’ often misrepresented in the existing literature as a more primitive, pre-Keynesian, conservative approach. However, rather than acting as a restraining influence on Irish economic development, the policies Brennan advocated enabled Ireland to avoid the instability associated with many smaller, emerging nation states in the 1920s and 1930s. The focus on continuity – which guaranteed currency and banking stability – represented the realities of Ireland's reliance on the sluggish British economy in the decades after independence. Brennan's achievement, in helping to sustain banking and currency stability notwithstanding economic uncertainty, a fragile political environment (and suspicious banking interests), deserves wider acknowledgement.
The 1990s saw a systemic shift from the liberal post–World War II international order of liberal multilateralism (LIO I) to a post–Cold War international order of postnational liberalism (LIO II). LIO II has not been only rule-based but has openly pursued a liberal social purpose with a significant amount of authority beyond the nation-state. While postnational liberal institutions helped increase overall well-being globally, they were criticized for using double standards and institutionalizing state inequality. We argue that these institutional features of the postnational LIO II led to legitimation problems, which explain both the current wave of contestations and the strategies chosen by different contestants. We develop our argument first by mapping the growing liberal intrusiveness of international institutions. Second, we demonstrate the increased level and variety of contestations in international security and international refugee law. We show that increased liberal intrusiveness has led to a variety of contestation strategies, the choice of which is affected by the preference of a contestant regarding postnational liberalism and its power within the contested institution.
The Road to Monetary Union analyses in non-technical language the process leading to adoption of a common currency for the European Union. The monetary union process involved different issues at different times and the contemporary global background mattered. The Element explains why monetary union was attempted and failed in the 1970s, and why the process was restarted in 1979, accelerated after 1992 and completed for a core group of EU members in 1999. It analyzes connections between eurozone membership and Greece's sovereign debt crisis. It concludes with analysis of how the eurozone works today and with discussion of its prospects for the 2020s. The approach is primarily economic, while acknowledging the role of politics (timing) and history (path dependence). A theme is to challenge simplistic ideas (e.g. that the euro has failed) with fuller analysis of competing pressures to shape the nature of monetary union.
Studies have suggested that people voting for Brexit were motivated by anti-globalization, anti-multiculturalism and anti-elite sentiments. However, little is known about how these factors are related and whether citizens in other member states share similar reasons for wanting to exit the EU. Methodologically, this question is addressed by utilizing path models on data from the European Social Survey, with respondents in 17 countries. Empirically, this article reveals considerable cross-country variation, which implies that motivations for voting Leave should be assessed on a country-by-country basis. Yet, two main pathways are identified. First, lower education is related to more negative attitudes towards multiculturalism, which increases the probability of voting Leave. Second, lower income decreases the level of trust in the political establishment, which again increases the probability of voting Leave. Theoretically, this implies that the anti-globalization model is subsumed by the anti-multiculturalism and anti-elite models, giving rise to two new mechanisms.