Pub Date : 2023-10-18DOI: 10.24437/global_europe.i124.1322
Lyne Schuppisser
Since global and national political efforts to tackle climate change are failing, climate change litigation is on the rise worldwide. In climate change litigation, claimants try to legally advance climate protection in manifold ways. In particular, strategic, rights-based climate change litigation is becoming more common in which claimants use a human rights-based approach in their attempt to advance social change. While a rights-based claim filed by Urgenda in the Netherlands succeeded, a similar Swiss case brought by KlimaSeniorinnen Schweiz, failed. Why did the two cases have different outcomes despite the similarity of the cases and the countries? This paper seeks an answer by comparing the legal and political systems of the countries as well as by conducting expert interviews. In sum, the Urgenda and KlimaSeniorinnen cases differed because Dutch law has more generous procedural rules about the admissibility of claims than Swiss law. Furthermore, the Swiss highest court is more hesitant to engage in politically controversial questions compared to the Dutch highest court.
{"title":"Judging Climate Change","authors":"Lyne Schuppisser","doi":"10.24437/global_europe.i124.1322","DOIUrl":"https://doi.org/10.24437/global_europe.i124.1322","url":null,"abstract":"Since global and national political efforts to tackle climate change are failing, climate change litigation is on the rise worldwide. In climate change litigation, claimants try to legally advance climate protection in manifold ways. In particular, strategic, rights-based climate change litigation is becoming more common in which claimants use a human rights-based approach in their attempt to advance social change. While a rights-based claim filed by Urgenda in the Netherlands succeeded, a similar Swiss case brought by KlimaSeniorinnen Schweiz, failed. Why did the two cases have different outcomes despite the similarity of the cases and the countries? This paper seeks an answer by comparing the legal and political systems of the countries as well as by conducting expert interviews. In sum, the Urgenda and KlimaSeniorinnen cases differed because Dutch law has more generous procedural rules about the admissibility of claims than Swiss law. Furthermore, the Swiss highest court is more hesitant to engage in politically controversial questions compared to the Dutch highest court.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"119 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-18DOI: 10.24437/global_europe.i124.1320
Leonard Flach
This article addresses the questions of the foreign policy competencies of the Federal Assembly and how it made use of them in the negotiation of the institutional framework agreement with the EU. After a historical classification and a discussion of the relevant legal basis, the author undertakes a computer-aided content analysis of the parliamentary debates on the agreement in the Official Bulletin of the Federal Assembly. The results are then analyzed with recourse to previous insights. In doing so, he shows that there is an interplay between the expansion of parliamentary powers and diminishing opportunities for shaping them and that the Federal Assembly strives to fulfill its partial responsibility for foreign policy. In his conclusions, the author states that the increasing internationalization challenges the cooperation between the Federal Assembly and the Federal Council and that the rights to information and consultation play a key role in this debate.
{"title":"Mitsprache oder Mitbestimmung?","authors":"Leonard Flach","doi":"10.24437/global_europe.i124.1320","DOIUrl":"https://doi.org/10.24437/global_europe.i124.1320","url":null,"abstract":"This article addresses the questions of the foreign policy competencies of the Federal Assembly and how it made use of them in the negotiation of the institutional framework agreement with the EU. After a historical classification and a discussion of the relevant legal basis, the author undertakes a computer-aided content analysis of the parliamentary debates on the agreement in the Official Bulletin of the Federal Assembly. The results are then analyzed with recourse to previous insights. In doing so, he shows that there is an interplay between the expansion of parliamentary powers and diminishing opportunities for shaping them and that the Federal Assembly strives to fulfill its partial responsibility for foreign policy. In his conclusions, the author states that the increasing internationalization challenges the cooperation between the Federal Assembly and the Federal Council and that the rights to information and consultation play a key role in this debate.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"120 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-18DOI: 10.24437/global_europe.i124.1321
Arun Mahato
This research piece investigates the role of norms in European Union (EU) sanctions policy towards Russia in the context of the Russia Ukraine War. It aims to answer the research question of the extent to which the EU’s foreign policy in this particular case can be interpreted as having normative power. As an analytical lens, the Normative Power Europe (NPE) framework is used. In order to tackle the question, this study deploys an interdisciplinary approach drawing from EU law and social sciences. It combines EU legislation and case law of the European Court of Justice on the one hand, with a qualitative content analysis of official EU press releases on the other. The first part of the analysis focuses on the doctrinal legal analysis of the relevant EU law in order to account for the normative-legal basis and legitimacy of EU autonomous sanctions. The second part investigates if the EU in this particular case is guided by international norms (milieu goals) or economic interests (possession goals) and which foreign policy instruments it uses to pursue its objectives. The study finds that the EU is committed to its normative identity.
{"title":"EU Sanctions Policy Vis-à-Vis Russia","authors":"Arun Mahato","doi":"10.24437/global_europe.i124.1321","DOIUrl":"https://doi.org/10.24437/global_europe.i124.1321","url":null,"abstract":"This research piece investigates the role of norms in European Union (EU) sanctions policy towards Russia in the context of the Russia Ukraine War. It aims to answer the research question of the extent to which the EU’s foreign policy in this particular case can be interpreted as having normative power. As an analytical lens, the Normative Power Europe (NPE) framework is used. In order to tackle the question, this study deploys an interdisciplinary approach drawing from EU law and social sciences. It combines EU legislation and case law of the European Court of Justice on the one hand, with a qualitative content analysis of official EU press releases on the other. The first part of the analysis focuses on the doctrinal legal analysis of the relevant EU law in order to account for the normative-legal basis and legitimacy of EU autonomous sanctions. The second part investigates if the EU in this particular case is guided by international norms (milieu goals) or economic interests (possession goals) and which foreign policy instruments it uses to pursue its objectives. The study finds that the EU is committed to its normative identity.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139317604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-23DOI: 10.24437/global_europe.i123.1293
P. Cornwell
Research activities in the social sciences and humanities have traditionally conceived digital outputs in terms of databases and websites. Practically, most of these are still implemented using SQL, table-based, data structures and synchronic web technologies. However, the constant evolution of software means that browser functionality and security arrangements are constantly changing. As a result, few digital research outputs, except published literature, remain accessible for more than a few years. Recent progress with research data infrastructures is described, which has the potential to improve the sustainability of research investments. This article presents new standards-based annotation techniques, developed in the biodiversity community, which have been applied to global history research questions. Open repository software platforms supporting this ‘scientific treatment’ approach can now generate technology-independent data resources – supporting long-term reuse by the global community. Promoting institutional change to adopt these developments is discussed, so that costs of data stewardship can be made forecast-able.
{"title":"Method and Subject","authors":"P. Cornwell","doi":"10.24437/global_europe.i123.1293","DOIUrl":"https://doi.org/10.24437/global_europe.i123.1293","url":null,"abstract":"Research activities in the social sciences and humanities have traditionally conceived digital outputs in terms of databases and websites. Practically, most of these are still implemented using SQL, table-based, data structures and synchronic web technologies. However, the constant evolution of software means that browser functionality and security arrangements are constantly changing. As a result, few digital research outputs, except published literature, remain accessible for more than a few years. Recent progress with research data infrastructures is described, which has the potential to improve the sustainability of research investments. This article presents new standards-based annotation techniques, developed in the biodiversity community, which have been applied to global history research questions. Open repository software platforms supporting this ‘scientific treatment’ approach can now generate technology-independent data resources – supporting long-term reuse by the global community. Promoting institutional change to adopt these developments is discussed, so that costs of data stewardship can be made forecast-able.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127940503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-23DOI: 10.24437/global_europe.i123.1291
Teresa Pullano
Citizenship is a specific form of social and political closure, thus defining, in a dialectic relation, the changing “shape” of both political subjects and forms of government/statehood. Looking at citizenship as an institution of political subjectivity and statehood, I would like to raise two questions concerning its relation to (historical) time. How does the dual function of citizenship as a form of social closure and a tool for self emancipation change in times of crisis? What is the relationship between citizenship and moments of historical ruptures, be it wars, revolutions, or times of political transformation? Does citizenship contribute to shaping the temporal dimension of statehood on the one hand and of moments of collective or individual self-emancipation? Citizenship is simultaneously a discursive and a material structure. The hypothesis I want to bring forward is that it shapes our understanding of historical time according to these dimensions.
{"title":"Citizenship, Time and Crisis","authors":"Teresa Pullano","doi":"10.24437/global_europe.i123.1291","DOIUrl":"https://doi.org/10.24437/global_europe.i123.1291","url":null,"abstract":"Citizenship is a specific form of social and political closure, thus defining, in a dialectic relation, the changing “shape” of both political subjects and forms of government/statehood. Looking at citizenship as an institution of political subjectivity and statehood, I would like to raise two questions concerning its relation to (historical) time. How does the dual function of citizenship as a form of social closure and a tool for self emancipation change in times of crisis? What is the relationship between citizenship and moments of historical ruptures, be it wars, revolutions, or times of political transformation? Does citizenship contribute to shaping the temporal dimension of statehood on the one hand and of moments of collective or individual self-emancipation? Citizenship is simultaneously a discursive and a material structure. The hypothesis I want to bring forward is that it shapes our understanding of historical time according to these dimensions.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122347498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-16DOI: 10.24437/globaleurope.i122.1109
Yanik Weingand
This article investigates the similarities between different critiques towards the international human rights system from academia and state-actors. On the one hand, there are the critiques from scholars of the Third World Approaches to International Law (TWAIL) movement. On the other hand, there are critical points raised towards the international human rights system by China, Cuba, and Egypt in the reports from the first three cycles of their respective Universal Periodic Review (UPR) within the United Nations Human Rights Council (UNHRC). Through a literature review, the TWAIL critiques were first categorized and then worked into a framework of three basic pillars: the culture critique, the rhetoric critique, and the model critique. This framework was subsequently applied to the reports by way of a simplified Qualitative Content Analysis in order to extrapolate the similarities of the critiques from these two unlikely groups of actors.
{"title":"Scholars, States, and Human Rights","authors":"Yanik Weingand","doi":"10.24437/globaleurope.i122.1109","DOIUrl":"https://doi.org/10.24437/globaleurope.i122.1109","url":null,"abstract":"This article investigates the similarities between different critiques towards the international human rights system from academia and state-actors. On the one hand, there are the critiques from scholars of the Third World Approaches to International Law (TWAIL) movement. On the other hand, there are critical points raised towards the international human rights system by China, Cuba, and Egypt in the reports from the first three cycles of their respective Universal Periodic Review (UPR) within the United Nations Human Rights Council (UNHRC). Through a literature review, the TWAIL critiques were first categorized and then worked into a framework of three basic pillars: the culture critique, the rhetoric critique, and the model critique. This framework was subsequently applied to the reports by way of a simplified Qualitative Content Analysis in order to extrapolate the similarities of the critiques from these two unlikely groups of actors.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125739135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-16DOI: 10.24437/globaleurope.i122.1107
Christoph Leuppi
This article addresses the question of how the plurality of actors and subjects in Swiss China policy at the executive level affects the coherence of foreign policy towards China at the strategic policy level. The analysis is based on a legal and qualitative examination of the institutional foundations, evaluates the content of the relevant strategy papers and primary sources from the federal administration, while qualitative interviews allow it to be contextualized in the area of China policy. The results show that the legal basis favors the plurality of actors in Swiss China policy and thus the independence of the actors, which means that interdepartmental cooperation and the constellation of parties and persons in the Federal Council play an important role. Together with the vague overall strategic concept of the Federal Constitution, this ultimately promotes the emergence of intentional incoherence in the sense of different China policies within the federal executive.
{"title":"Geschickt koordinierender Pluralismus oder disharmonisches Prinzip der Nichteinmischung?","authors":"Christoph Leuppi","doi":"10.24437/globaleurope.i122.1107","DOIUrl":"https://doi.org/10.24437/globaleurope.i122.1107","url":null,"abstract":"This article addresses the question of how the plurality of actors and subjects in Swiss China policy at the executive level affects the coherence of foreign policy towards China at the strategic policy level. The analysis is based on a legal and qualitative examination of the institutional foundations, evaluates the content of the relevant strategy papers and primary sources from the federal administration, while qualitative interviews allow it to be contextualized in the area of China policy. The results show that the legal basis favors the plurality of actors in Swiss China policy and thus the independence of the actors, which means that interdepartmental cooperation and the constellation of parties and persons in the Federal Council play an important role. Together with the vague overall strategic concept of the Federal Constitution, this ultimately promotes the emergence of intentional incoherence in the sense of different China policies within the federal executive.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128248352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-16DOI: 10.24437/globaleurope.i122.1108
Jana Lichtin
Despite Switzerland’s international commitment to disarmament and peacebuilding, war materiel worth hundreds of millions of Swiss francs is exported every year. These exports have repeatedly led to debates in Swiss politics ever since the creation of the War Materiel Act in 1972. After an analysis of the constitutional and international legal framework for arms exports, this paper examines which interests and norms have been negotiated in the national legislative process by focusing on parliamentary debates since 1972. Through its interdisciplinary approach, the paper demonstrates that legal concepts have hardly played a role in the political process and that the political arguments have barely changed.
{"title":"Entwicklung und Diskussion des Kriegsmaterialrechts seit 1972","authors":"Jana Lichtin","doi":"10.24437/globaleurope.i122.1108","DOIUrl":"https://doi.org/10.24437/globaleurope.i122.1108","url":null,"abstract":"Despite Switzerland’s international commitment to disarmament and peacebuilding, war materiel worth hundreds of millions of Swiss francs is exported every year. These exports have repeatedly led to debates in Swiss politics ever since the creation of the War Materiel Act in 1972. After an analysis of the constitutional and international legal framework for arms exports, this paper examines which interests and norms have been negotiated in the national legislative process by focusing on parliamentary debates since 1972. Through its interdisciplinary approach, the paper demonstrates that legal concepts have hardly played a role in the political process and that the political arguments have barely changed.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131093674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-13DOI: 10.24437/globaleurope.i121.522
Stefan Kalberer
This article addresses the question of how the Swiss parliament reacts to the internationalization of politics and the subsequent increase in the importance of foreign policy. In its first part, the article analyzes the division of power between the legislature and the executive in the field of foreign policy. The second part focuses on the practical relevance of these findings in a parliamentary debate. The study indicates that the power of both authorities is not clearly defined – neither in the constitution nor in the respective laws. Rather, the legal documents provide evidence of cooperative powers. The analysis of the parliamentary debate on whether or not to join the European Economic Area (EEA) reveals that parliament strives to gain more influence. However, even though various concerns about a power shift due to accession were raised, it was not a key argument against joining the EEA.
{"title":"Legislative gegen Exekutive? – Die Kompetenzfrage in der aussenpolitischen Debatte","authors":"Stefan Kalberer","doi":"10.24437/globaleurope.i121.522","DOIUrl":"https://doi.org/10.24437/globaleurope.i121.522","url":null,"abstract":"This article addresses the question of how the Swiss parliament reacts to the internationalization of politics and the subsequent increase in the importance of foreign policy. In its first part, the article analyzes the division of power between the legislature and the executive in the field of foreign policy. The second part focuses on the practical relevance of these findings in a parliamentary debate. The study indicates that the power of both authorities is not clearly defined – neither in the constitution nor in the respective laws. Rather, the legal documents provide evidence of cooperative powers. The analysis of the parliamentary debate on whether or not to join the European Economic Area (EEA) reveals that parliament strives to gain more influence. However, even though various concerns about a power shift due to accession were raised, it was not a key argument against joining the EEA.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126636140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-12-13DOI: 10.24437/globaleurope.i121.523
Talin Marino
The International Criminal Court (ICC) provides a procedural framework to victims, which grants them participation rights and assigns them a position as legal subjects. The status of victims at the ICC is not automatically inherent to international criminal law, but rather the preliminary result of a legal development and a process of political negotiation. In this paper, the development of victimhood is traced along the stages of international criminal law and its institutions leading to the implementation of the ICC. In addition, the paper detaches the concept of victimhood from a purely jurisprudential framework and transfers it to the concept of transitional justice. In doing so, it demonstrates that the victim-specific norms in the Rome Statute have the potential for a restorative function.
{"title":"Stellung des Opfers vor dem Internationalen Strafgerichtshof","authors":"Talin Marino","doi":"10.24437/globaleurope.i121.523","DOIUrl":"https://doi.org/10.24437/globaleurope.i121.523","url":null,"abstract":"The International Criminal Court (ICC) provides a procedural framework to victims, which grants them participation rights and assigns them a position as legal subjects. The status of victims at the ICC is not automatically inherent to international criminal law, but rather the preliminary result of a legal development and a process of political negotiation. In this paper, the development of victimhood is traced along the stages of international criminal law and its institutions leading to the implementation of the ICC. In addition, the paper detaches the concept of victimhood from a purely jurisprudential framework and transfers it to the concept of transitional justice. In doing so, it demonstrates that the victim-specific norms in the Rome Statute have the potential for a restorative function.","PeriodicalId":446952,"journal":{"name":"Global Europe – Basel Papers on Europe in a Global Perspective","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128311027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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