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This chapter describes the events on polling day, and the statistics relating to voter turnout and to the number of yes votes. The results are examined and an assessment of how the people’s decision was finally implemented into law follows.
This formative period of EU law witnessed an intense struggle over the emergence of a constitutional practice. While the supranational institutions, including the European Commission, the European Court of Justice and the European Parliament, as well as EU law academics helped to develop and promote the constitutional practice, member state governments and judiciaries were generally reluctant to embrace it. The struggle resulted in an uneasy stalemate in which the constitutional practice was allowed to influence the doctrines, shape and functioning of the European legal order that now underpins the EU, but a majority of member state governments rejected European constitutionalism as the legitimating principle of the new EU formed on basis of the Treaty of Maastricht (1992). The struggle and eventual stalemate over the constitutional practice traced in this book accounts for the fragile and partial system of rule of law that exists in the EU today.
The border is one of the most urgent issues of our times. We tend to think of a border as a static line, but recent bordering techniques have broken away from the map, as governments have developed legal tools to limit the rights of migrants before and after they enter a country’s territory. The consequent detachment of state power from any fixed geographical marker has created a new paradigm: the shifting border, an adjustable legal construct untethered in space. This transformation upsets our assumptions about waning sovereignty, while also revealing the limits of the populist push toward border-fortification. At the same time, it presents a tremendous opportunity to rethink states’ responsibilities to migrants. This book proposes a new, functional approach to human mobility and access to membership in a world where borders, like people, have the capacity to move.
This book analyses the dominant imagery related to migration and illustrates how framing of migrants as subjects viewed through the lens of the host gaze positions them for exclusion and marginalisation. It focuses on comparative sources derived from public and media visual campaigns focusing on migration issues. It illustrates how the ethical gap that the host-centric way of looking creates results in the growing suspicion of the migrant and how this ethical gap broadens and impacts on the legal exclusion of migrants as legal subjects.
France has been a central actor in human protection, yet the existing literature has too often focused on Anglo-Saxon states or states that are wary of its development. In order to address this gap, this book provides an original and much-needed account of France’s relationship to human protection since the 1980s. It analyses a ‘tale of two norms’ using an innovative theoretical framework: The first is ‘France’s domestic norm of human protection’, and the second is the dominant international principle or norm of human protection at the time (chiefly humanitarian intervention in the 1990s and the responsibility to protect (R2P) in the 2000s). Through this ‘tale of two norms’, and also thanks to interviews with key actors such as Gareth Evans and Bernard Kouchner and analysis of fourteen case studies, the book reshapes our understanding of the development and influence of key principles and norms of human protection. It also corrects prevailing assumptions about France’s foreign policy and allows us to anticipate its future foreign policy more accurately. Last but not least, by showing how important it is to pay more attention to the interplay between domestic and international norms and building an innovative framework that can be used beyond the analysis of France and human protection, the book makes a key contribution to the literature on norms and International Relations theory more generally. The book is therefore an essential read for anyone interested in human protection, peace studies, France, foreign policy analysis, International Relations and norm diffusion.
This study is the most comprehensive account yet of how the Irish Government worked to bring the Northern Ireland conflict to an end. Based on single long-form interviews with key officials it throws new light on how tensions and problems that emerged in the search for peace were confronted and overcome to bring about the Good Friday Agreement of 1998. This first of two volumes looks at previous attempts to develop peace as with Sunningdale and the Anglo-Irish Agreement before focusing on the foundations of the peace process that followed. The interviews reveal the iterative nature of the peace process and through the voices of those on the inside provide the most dramatic and authoritative picture yet of how that process came to change the course of history. Taking the reader into the heart of the negotiating room, this study provides an invaluable series of testimonies about Irish Government efforts to end conflict in Northern Ireland.
The introduction charts the efforts made to reach peace in Northern Ireland from Sunningdale to the Good Friday Agreement via the Anglo-Irish Agreement. It provides an overview of the interview chapters and the dynamics that influenced attempts to end the conflict in Northern Ireland. The introduction also explains the interview approach and highlights some of the dilemmas that come into play when interviewing.
This chapter identifies how a consensual approach to negotiations was developed between the Irish and British Governments and how this approach informed understanding about what an agreement would look like.
The conclusion summarises the key elements that shaped attempts to build peace in Northern Ireland and highlights the value of a common approach to dialogue and negotiation as well as the need for a coherent strategy to support political aspiration and objectives.
Sarah Fine begins her response by calling Ayelet Shachar's lead essay "a Leviathan for the twenty-first century." We have become accustomed to a “traditional” picture of the modern state where sovereign authority is clearly delineated by borders lying at its territory’s edges, but as Shachar shows, this is an illusion. Just as Hobbes's Leviathan was a protean entity, capable of changing its form when required, so borders are transforming to suit the evolving legal and political landscape. Fine proceeds to outline Shachar's analysis of how borders function in practice. She then describes and assesses three possible responses to "living among monsters." The first of these is to admit defeat. The second—Shachar's preference—is to try to tame the monsters through legal methods: extending protections to follow the de-territorialized model, making available more safe, legal routes to places of protection. Fine observes that Shachar's preference for such methods derives from a “non-idealist” attitude to the shifting border that recognizes states’ sovereign authority to regulate movement. While agreeing that this response would be "much better than what we have now," Fine argues that it would leave many of the “dark corners” of migration control unlit. Her preference, the third response, is to fight back through grassroots political resistance. At the same time, she observes that the power of the shifting border is rooted in the belief that migration control is a fundamental sovereign right of states, and questions whether this belief is really justified.
This chapter elaborates on the impact of the Anglo-Irish Agreement and how the Irish worked in Belfast to create closer ties with the British by monitoring and assessing policing and justice issues and raising questions about possible discrimination and anti-equality activities.