1 Introduction 2 Theory

Notes 1Introduction 1. The Channel Tunnel provides a fixed link between England and France and has some of the characteristics of a land frontier. For example, there are joint police stations at both ends of the tunnel. But, unlike land frontiers, it is what frontier police call a ‘choke point’, in that all people and goods have to pass through a narrow and, in principle, easy to control port of entry. 2. The China–Korea frontier consisted of a band of territory between 50 and 90 km across which, although it had one time been settled and cultivated, was forbidden to both Koreans and Chinese. Death was the penalty for set- tling in this zone, although vagabonds, outlaws and itinerants were occa- sionally to be found there; it achieved its purpose of dividing Chinese and Koreans. This separation was a deliberate attempt to put an end to the interminable wars between the two peoples who, according to Richthofen, had as a result become so distant from another that they had no accurate image of the appearance of the other – in the frontier region of China, Chinese people thought that Richthofen might be Korean. 3. This accords with a certain interpretation of nationalism – nationalism creates nations (and their territories), as part of a modernisation process, where they did not previously exist or existed only in an embryonic form (Gellner 1983, 1997). 4. Articles by French authors cover, more briefly, the same subject from a different perspective (particularly Foucher 1998, Moreau Deforges 1995). 5. Culture and language require, for a fuller exploration, anthropological approaches. Some of the most illuminating recent work on boundaries and identities has been written by anthropologists – see particularly Cohen (1998), Delamont (1995), Macdonald (1993) and Wilson and Donnan (1998). 6. The extraordinary success of Vivian Forrester’s book (1997) L’Horreur Economique (Paris: Flammarion), which developed similar themes and which remained at the top of the French best-seller list for several weeks, is an example of this millenarian gloom. 2Theory 1. Thorsten Malmberg has surveyed theories of human territoriality without reaching a convincing synthesis (Malmberg 1980). Most human and histor- ical geographers and social scientists are critical of attempts at socio- biological theories of territories and adopt the position of Robert Sack that all territories are ‘socially constructed’ (Sack 1986) or, to use the older, less problematic, formulation of Jean Gottman, that the significance of territories is seen to lie in the uses to which it is put (Gottman 1973). 184 Notes 185 2. A large number of publications on sovereignty have been published since the publication of the second edition of Hinsley’s classic text (Hinsley 1986). Notable contributions are James (1986), Jackson (1990), Camilleri and Falk (1992), Hedetoft (1994), Weber (1995), Lyons and Mastanduno (1995), Biersteker and Weber (1996), Bellamy and Castiglione (1997), Badie (1999) and MacCormick (1999). 3. But see MacCormick (1999) who treats both sovereignty and European integration in a rigorous and scholarly manner. 4. Recent influential publications are Anderson, B. (1983), Gellner (1983, 1997), Nairn (1997), Smith (1986, 1995), Hedetoft (1995) and Schnapper (1998). See also Anderson, M. (2000). 5. Sometimes states accept responsibilities for the same things in the context of more than one organisation, which makes it very difficult to evade them. For example, WEU members undertook in 1992 to engage in humanitarian and rescue tasks, peacekeeping operations and tasks of combat forces in crisis management. NATO shortly afterwards declared its intention to perform such tasks. In 1997 the European Council in Amsterdam decided to make these tasks an EU treaty obligation. 6. See Zielonka (1991). 7. See, for example, Anderson, M. et al. (1995); see also Sheptycki (1995, 1996). 8. Nine articles in International Affairs, 7 (3) (1999) provide a comprehensive review of the arguments about global justice. 9. Not all agree that the internationalisation of justice is a desirable trend as the 1998–2000 case in Britain on the extradition to Spain of General Pinochet illustrated. ‘Communitarians’ hold that rights and questions of justice should be decided within bounded human communities (Walzer 1983). 10. The best contributions concern North American borders (McCallum 1995, Engel and Rogers 1996). European contributions tend to be non-technical and descriptive in approach (Vernier 1993, Menville 1996). 11. For example, British government officials acknowledged that no such analysis had taken place to establish the effects of maintaining frontier controls against EU nationals when the other members of the Union (excepting Ireland) were abolishing them. See particularly the evidence of Mr Boys Smith, House of Lords Select Committee on European Communities (1999: 28). 12. Kroeber and Kluckhohn (1952) listed 164 definitions of culture. 13. A more recent and more distinguished book – Davies (1996) – has success- fully rectified the balance and given full weight to Central and Eastern Europe. 14. However, the manufacturing function may be largely cut off from the country of origin. Fiat, for example, launched a new ‘world car’ in 1997 to be manufactured in Poland, Russia, India, Turkey, Brazil, Venezuela, Argentina, Vietnam, South Africa and Morocco, with sales of 1 million envisaged in 2000 (only 60 000 within the EU). 15. There are positions between these two extremes such as that of Samir Amin (Amin 1997) in which globalisation commenced around 1500 in a mercan- tilist form but was transformed into the free trade model, then a period between 1945 and 1990 in which there was an industrialisation of the periph- ery and, since 1990, a triumphalist proclamation of inevitable globalisation. 186 Notes 16. However, defending their interests through global negotiations is subject to the severe limitation of the absence of the ability to regulate capital flows. See Kahler (1998) and Griffith-Jones (1998). 17. For a review of diverse international regimes see Buck (1998). For reviews of the ‘new internationalism’ of multiple alternative social movements and over transfrontier advocacy networks see Keck and Sikkink (1998) and Waterman (1998). 18. The ‘engulfing’ of local cultures can be exaggerated and usually results in reactions. For a recent discussion see Jameson and Miyoshi (1998). 19. The most persuasive recent theoretical and empirical study of the role of EU member states is Moravcsik (1998). 20. The French decision to maintain controls on its frontier between Belgium and Luxembourg from 1995 to the present and to prevent entry of British beef to France in 1999 despite an EU decision to the contrary are examples of this continuing belief. These can be interpreted as symbolism or forms of pressure or as delaying tactics. 3Internal Frontier Issues 1. The important exception, because it bedevils all negotiations on justice and home affairs within the EU, is the Anglo-Spanish dispute over Gibraltar (Morris and Haigh 1991, Gold 1994). See Chapter 5 for a more extended discussion of territories associated with EU member states. 2. The current demand for equality of status of German as one of the working languages of the EU may be an exception. It is a reasonable demand in that German is the mother tongue of more people than any other EU language but it is little spoken outside the German-speaking area, whereas English and French are widely disseminated. 3. A study commissioned by the European Commission estimated that frontier controls at the internal frontiers before 1993 could have cost traders 7.5 billion ECU or 1 per cent of the total value of trade. Complying with the EC VAT and statistical requirements remained costly, particularly in the initial stage of setting up the new system, so that the savings were estimated to be of the order of 5 billion ECU net. The savings per consignment of goods were greatest for the Mediterranean countries and least in the northern states, and when trade volumes were taken into account Germany, Italy and Spain were the main beneficiaries (European Commission 1997). Caution must be used in evaluating these estimates because of the sampling and estimating methodology used. 4. Differences between the police powers of Customs services inhibits some forms of direct co-operation between them. Criminal investigation powers were not normally part of the competences of southern European Customs. French Customs, for example, did not acquire criminal investigation powers until 1999. 5. See House of Lords (1998). The dispute between Britain and Spain over Gibraltar (Britain considered it inside and Spain outside the common external frontier) delayed the integration into Pillar I of part of the Schengen Notes 187 acquis, concerning free movement, immigration and asylum, and the publication of the whole of the acquis. The result is considerable legal uncertainty and obscurity (den Boer 1998, den Boer and Carrado forthcoming). 6. Schengen currently consists of 13 signatory states and 10 which have fully implemented Schengen (with Denmark and Sweden on the threshold), while Greece was connected with the Schengen Information System in December 1997, and entry permits to the country have since then been dealt with according to the Schengen visa requirements (Nikolopoulos 1998: 107). At a meeting of Ministers of the Interior of all 12 Schengen states in Berlin in December 1998, it was decided that control of persons would remain in place at Greece’s frontiers which had not passed the efficiency test of the Schengen inspection group. 7. In June 1998, the Schengen Executive Committee decided that certain Schengen documents should remain confidential. These included some decisions and declarations of the Executive Committee, some declarations of the Central Control Group, three annexes to the Common Visa Instructions, the SIRENE manual, three documents on the controlled deliv- ery of drugs as well as the external frontier guidelines. These moves concerning official secrecy marks an important step towards the development of state-like characteristics in the EU.

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