Romanian Political Science Review vol. XXI, no. 1
2021
The end of the Cold War, and the extinction of communism both as an ideology and a practice of government, not only have made possible an unparalleled experiment in building a democratic order in Central and Eastern Europe, but have opened up a most extraordinary intellectual opportunity: to understand, compare and eventually appraise what had previously been neither
understandable nor comparable. Studia Politica. Romanian Political Science
Review was established in the realization that the problems and concerns of both new and old democracies are beginning to converge. The journal fosters the work of the first generations of Romanian political scientists permeated by a sense of critical engagement with European and American intellectual and political traditions that inspired and explained the modern notions of democracy, pluralism, political liberty, individual freedom, and civil rights.
Believing that ideas do matter, the Editors share a common commitment as intellectuals and scholars to try to shed light on the major political problems facing Romania, a country that has recently undergone unprecedented political
and social changes. They think of Studia Politica. Romanian Political Science
Review as a challenge and a mandate to be involved in scholarly issues of fundamental importance, related not only to the democratization of Romanian polity and politics, to the “great transformation” that is taking place in Central and Eastern Europe, but also to the make-over of the assumptions and prospects of their discipline. They hope to be joined in by those scholars in other countries who feel that the demise of communism calls for a new political science able to reassess the very foundations of democratic ideals and procedures.
UNIVERSITY OF BUCHAREST
FACULTY OF POLITICAL SCIENCE
vol. XXI, no. 1
2021
2021
STUDIA POLITICA
(ISSN 1582-4551)
Romanian Political Science Review
is published twice a year by the Faculty of Political Science at the University of Bucharest and is printed and mailed by Bucharest University Press
International Advisory Board
Mauro CALISE (Università degli Studi di Napoli Federico II)
Dominique COLAS (Sciences Po Paris)
Jean-Michel DE WAELE (Université Libre de Bruxelles) Jean-Michel EYMERI-DOUZANS (Sciences Po Toulouse)
Raffaella GHERARDI (Università degli Studi di Bologna), Guy HERMET (Sciences Po Paris)
Marc LAZAR (Sciences Po Paris), Ronald H. LINDEN (University of Pittsburgh)
Pierre MANENT (EHESS Paris), Leonardo MORLINO (LUISS “Guido Carli” di Roma)
Gianfranco PASQUINO (Johns Hopkins University)
Cristian PREDA (Universitatea din Bucureşti), Antoine ROGER (Sciences Po Bordeaux)
Marco TARCHI (Università degli Studi di Firenze)
Editor
Caterina PREDA (Universitatea din Bucureşti) Alexandra IANCU (Universitatea din Bucureşti)
Assistant editors
Ramona COMAN (Université de Bruxelles) Ruxandra IVAN (Universitatea din Bucureşti) Sergiu MIȘCOIU (Universitatea Babes-Bolyai) Marina POPESCU (Median Research Center)
Sorina SOARE (Universitá di Firenze)
Andreea ZAMFIRA (Universitatea Lucian Blaga din Sibiu)
Editorial Assistants
Alexandra OPREA (Universitatea din Bucureşti) Vladimir COSTEA (Universitatea din Bucureşti) Maria-Anca SANDU (Universitatea din Bucureşti)
Claudia Craciun CHIVEREANU (Universitatea din Bucureşti)
Editorial Staff
Laurenţiu MUŞOIU
(Editura Universității din București)
(Desktop Publisher Manuscript & Cover Graphic)
© Facultatea de Ştiinţe Politice, Universitatea din Bucureşti
Revistă înregistrată în BDI
Contents
ARTICULI
BIBIANA BAJZOVÁ (Comenius University in Bratislava), LUCIA MOKRÁ (Comenius University in Bratislava),
Who Really Cares about Outer Space? Principal–agent Theory and the Sustainability of Outer Space Regulation ...........................
11 29
LUKÁŠ NOVOTNÝ (Jan Evangelista Purkyně University), DANIEL ŠÁROVEC (Charles University),
Contemporary Pirate Parties in the Post-Material Era: Comparing
Success Cases ...................................................................................
PASQUALE CERBONE (Universidad UTE), MARIA PEREIRA LOPEZ
(Universidad de Santiago de Compostela), PALOMA CASTRO MARTINEZ (Universidad de Santiago de Compostela),
Post-populism: a comparative analysis of the last Ecuadorian and Venezuelan presidencies of Lenín Moreno and Nicolás Maduro .....
53 79
PATRYK TOMASZEWSKI (Nicolaus Copernicus University),
A Comparative Discursive Analysis of the Polish Foreign Ministers’ Speeches Regarding Poland’s Security Policy and Its Cooperation with Ukraine, the Republic of Belarus, and the Russian Federation in the Period 2011-2019 ..................................
RENA MARUTIAN (National Academy for Public Administration under the President of Ukraine), OLEKSII POLTORAKOV (Taras Shevchenko National University of Kyiv), JOHN CALLAHAN (New England College),
“The Tanks of Post-truth:” Post-truth Hybrid Warfare Operations......... 101
MARINA V. FALVO (University of Córdoba),
The Structuring of State Political Opportunities Towards-and-from Capital and Labor. An Analytical Proposal .................................... 121
BRUNILDA ZENELAGA (University of Tirana), KLODIANA BESHKU
(University of Tirana),
Volunteering and Political Systems: The Role of State and Civil Society Organizations in People’s Willingness to Volunteer in
Post-communist Albania .................................................................. 151
RECENT ELECTIONS
Section coordinated by Marina Popescu and Sorina Soare, together with Centro Italiano Studi Electorali.
ANDRIJA HENJAK (Faculty of Political Science, University of Zagreb), RALUCA TOMA (MRC - Median Research Centre, Bucharest),
The 2020 Croatian parliamentary elections ................................. 178
MATTIA COLLINI (University of Florence),
The Hungarian Local Elections of 2019: Unity Makes Strength .. 193
GÁBOR TÓKA (Central European University, Budapest),
The 2020 Belarusian Presidential Election ................................... 211
RECENSIONES
LARRY DIAMOND, Ill Winds: Saving Democracy from Russian Rage, Chinese
Ambition, and American Complacency, New York, Penguin Press, 2019 (BOGDAN MUREȘAN, University of Bucharest) ............................... 233
ROBERT ADAM, Două veacuri de populism românesc [Two Centuries of
Romanian Populism], Bucharest, Humanitas, 2018 (ANDREI GHEORGHE, University of Bucharest) .............................................. 237
BOGDAN-IULIAN RANTEȘ, Relațiile României cu state din Africa Ecuatorială și de Vest (1960-1974) [The Relations between Romania and States from Equatorial and Western Africa (1960-1974)], Târgoviște, Cetatea de Scaun, 2017 (DOMNICA GOROVEI, University of Bucharest) ........... 241
H. R. MCMASTER, Battlegrounds: The Fight to Defend the Free World,
New York, Harper Collins Publishers, 2020 (ROBERT MANEA, University of Bucharest) .................................................................. 245
ABSTRACTS ............................................................................................ 249 AUTORES ................................................................................................. 255
ARTICULI
Who Really Cares about Outer Space?
Principal-agent Theory and the Sustainability of Outer Space Regulation
BIBIANA BAJZOVÁ*
(Comenius University)
LUCIA MOKRÁ**
(Comenius University)
Abstract
States are primary actors in international law. The development of international relations after the Second World War and the founding of the United Nations increased the power of international organizations (IOs) in the international sphere. The distribution of competences between states and IOs is tackled in the framework of principal–agent theory, which holds that sovereign states are principals, and IOs are agents acting on the state’s behalf. In terms of international law and international relations, the key international legislation regulating outer space is the Outer Space Treaty (OST). The OST contains the most important principles and guidance relating to activities in outer space. According to the OST, states coordinate their interests, whereas IOs operate in the common good and outer space is in the common ownership of all mankind.1 The IOs’ mandate is defined in a wide-ranging and vague manner in the OST and even in practice there is no clear distinction between the competences of these two original actors and private actors – a new actor operating in outer space. The presence of another actor in outer space raises the question of whether the current regulation of outer space in international law, primarily the Outer Space Treaty, is sufficient in terms of sustainability and the capabilities of the various actors involved – states, IOs and private actors. This paper focuses on the application of principal–agent theory to outer space governance in the present day in light of this new actor and the division of competences and responsibility.
Keywords: outer space, principal–agent, actors, private interest, collective ownership.
*
Bibiana Bajzová is a PhD student at the Institute of European Studies and International Relations, Faculty of Social and Economic Sciences, Comenius University in Bratislava ([email protected]). Lucia Mokrá, PhD, is the Dean of Comenius University in Bratislava, Faculty of Social and
**
Economic Sciences. She is Associate Professor of International and European Union Law at the Institute of European Studies and International Relations ([email protected]). The Preamble of the Treaty on Principles Governing the Activities of States in the
1
Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies refers to “recognizing the common interest of all mankind.” Preferring gender sensitive language, we understand this to mean all human beings regardless of gender. The term humankind is used throughout the article, with the exception of the quotation from the treaty’s provision. United Nations, Office for Outer Space Affairs, Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, RES 2222 (XXI), 1966.
10
BIBIANA BAJZOVÁ, LUCIA MOKRÁ
Introduction
Outer space is thought of as the final frontier for human beings seeking to explore new worlds and to go where no human being has gone before. Just as humankind explored Earth and travelled the oceans to find new continents, civilization has moved onto a new environment. Outer space is one of four global commons, along with the high seas, the atmosphere and the two polar regions. These places and resources lie beyond the sovereignty of any state and the limits of national jurisdictions.2 Outer space is therefore seen as either the property of no-one (res nullius) – it belongs to nobody but could be appropriated by anyone – or as common property (res communis) available to all, but with no possibility of exercising sovereignty or ownership. Some define it as a res extra commercium, claiming that space is free of commerce.3
The main reason for understanding outer space as one of the global commons relates to its historical connotation. COPUOS (Committee on the Peaceful Uses of Outer Space) forms part of the United Nations’ (UN) system of multilateral treaties that set up the framework of more specific rules. Space regulation in international law started in the Cold War era with the drafting of the Outer Space Treaty (OST) in 1966 and continued through the adoption of other related treaties.4 The potential threat of the misuse of outer space in the Cold War led to the agreement of the provisions of the OST, aimed at preventing further rivalries between the two sides in the Cold War by extending the prohibition on battle into outer space the early commercialization of outer space, the extraction of natural resources, and individual economic profit, scientific or economic inequalities of states. The most effective way of regulating space in the competitive and highly sensitive political context of the Cold War era was to treat it as a global common. The final wording of the OST, which required a consensus between the opposing parties involved in the Cold War, took the form of provisions containing guiding principles, but no rules of enforcement. In the current era, the OST does not address the new types of challenges that states and international organizations (mainly the UN and its agencies) face in outer space. For example, it does not specify passive military
2
Nico Schrijver, “Managing the Global Commons: Common Good or Common Sink?,”
Third World Quarterly 37, no. 7 (2016): 1252.
Fabio Tronchetti, “The Exploitation of Natural Resources of the Moon and other Celestial
3
Bodies: A Proposal for a Legal Regime,” Studies in Space Law 4 (2009): 11-13. United Nations, Office for Outer Space Affairs, “Agreement on the Rescue of Astronauts,
4
the Return of Astronauts and the Return of Objects Launched into Outer Space,” accessed
- February
- 19,
- 2021,
- https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/
introrescueagreement.html; Convention on International Liability for Damage Caused by Space Object.
Romanian Political Science Review vol. XXI no. 1 2021
Who Really Cares about Outer Space?
11 purposes and active military usage, the dual usage of satellites, exotic weapons, commercial space flights, asteroid mining, ASAT technologies and many others.
The current legal regulation of outer space as understood in the OST is based on the premise that the sovereign states agreed to regulate and use outer space based on the principle that it is a global common and that its competences are delegated to an international organization. The international organization that operates in outer space and exercises the OST provisions together with the states is the UN and its agency, UNOOSA. These two actors cooperate in outer space governance, which we understand as the system of the institutions and applicable rules and procedures. According to the original principal–agent theory, the states are then considered the principals and the international organization (UNOOSA) the agent. Nonetheless, the material, social, technical and scientific developments in outer space have led to the emergence of other actors in outer space – non-state entities, mainly private actors or multinational companies.5 These private actors have space capabilities and have started contributing to space activities, with the support of a national state or a substation belonging to the national state with an outer space presence.
We aim to analyze how the original principal-agent theory may be applicable to the regulation of relations between national states, international organizations and private actors and ask whether re-defining the division of competences between the three actors (states, IOs and private actors) might help to improve implementation of the Outer Space Treaty or, conversely, accelerate the need to amend its provisions.
Principal and Agent in Outer Space
In general, the traditional principal-agent (PA) theory distinguishes between two types of actors – principals and agents. The original source of the power lies in the hands of national states who exercise sovereignty over their territory and people. Increasingly international organizations, starting in the twentieth century, have taken on the role of transferring what were originally the state’s competences to international organizations acting as agents. How are tasks distributed between these two types of actors in relation to outer space? Do the states delegate sovereignty to international organizations, which are then tasked with exercising it based on their own decision-making or is there opportunity for the nation state to engage in policymaking? If so, which of these
5
As a non-state entity may differ in character from a private, non-governmental or even multinational entity, we will use the umbrella term of private actor, as it does not distinguish the ownership structure of non-state actors.
Romanian Political Science Review vol. XXI no. 1 2021
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BIBIANA BAJZOVÁ, LUCIA MOKRÁ
actors is seen as the principal and which is the agent? And is there opportunity for other actors, such as private actors, to engage in outer space activities?
The role of international organizations is becoming increasingly important and sometimes crucial to achieving consensus between different states and in international policymaking. As Alexander Andreev has argued, “the reality of growing complex interdependence facilitates a structure of global governance, radically challenging state-centric approaches to international policy-making.”6 The number of international organizations is constantly growing,7 and the behavior and conduct of states is limited because of the numerous positive obligations arising from the various international and regional agreements. The role of international organizations in the international system, understood as multilateralism, is key as it allows for inter-state discussions, consensus finding, the drafting of international treaties and the adoption of decisions.
The position of international organizations in international relations can be understood in various ways, depending on the theoretical perspective. The relationship between the state and the international organization depends on national interests, the transfer of competences, political power and so on. Traditional international relations theories, such as realism and liberal institutionalism, emphasize the importance of states and their national interests for formulating the foreign policy priorities and setting priorities as part of the international agenda. As Michael Barnett and Martha Finnemore have argued, these “are theories of states and state behavior.”8 In confirmation of this, Mearsheimer argued that “realists maintain that institutions are basically a reflection of the distribution of power in the world. They are based on the selfinterested calculations of the great powers, and they have no independent effect on state behavior.”9 Liberal institutionalists see international organizations as providing a platform for inter-state policy cooperation. This approach also foresees the position of other actors in the international community, as states exist alongside international organizations. But the liberal institutionalist view is state-centric, because it argues that “international organizations in the
6
Alexander Andreev, “To What Extent Are International Organizations (IOs) Autonomous Actors in World Politics?,” Opticon 1826 0(2) (2007), accessed on February 19, 2021, https://student-journals.ucl.ac.uk/opticon/article/id/846/. According to the Yearbook of International Organizations, compiled and published regularly
7
by the Union of International Associations, approximately 1,200 new organizations are added to the list each year. The Yearbook of International Organizations 2015-2016, accessed
- February
- 16,
- 2021,
- https://uia.org/yearbook?qt-yb_intl_orgs=3#yearbook_pages-
page_yb_faq-0.
89
Michael Barnett and Martha Finnemore, Rules for the World: International Organizations
in Global Politics (Ithaca: Cornell University Press, 2004), 5. John Mearsheimer, “The False Promise of International Institutions,” International Security 19, no. 3 (1994-1995): 7.
Romanian Political Science Review vol. XXI no. 1 2021
Who Really Cares about Outer Space?
13 contemporary world are not powerful independent actors, and relatively universal organizations such as the United Nations find it extraordinarily difficult to reach agreement on significant issues.”10 This means that international organizations have limited competences to act or to adopt decisions, and their independent conduct as an actor therefore depends on the political will and consensus of the states.
Bob Reinalda and Bertjan Verbeek agree that “many international organizations have clearly succeeded in formulating, sometimes implementing, policies that cannot be described as the simple product of interstate bargaining.”11 It is undoubtedly the case that the activities of international organizations reflect states’ interests, but that was the original reason behind the sovereign states’ decision to found international organizations in the first place – to bring all the actors together and to coordinate or integrate their interests based on common values and principles. That means that international organizations work as the agents of interests, representing the achieved consensus and the actions of the organization’s members. Reinalda and Verbeek argue that “it appears that sub-national and trans-national organized interests have become influential actors in politics and are noticeably active on their own or by means of collective action through a number of existing and rapidly emerging international organizations.”12 Hence, the international organizations are a kind of actor in international relations, visible mainly due to their normative power and ability to create and implement rules as well as to set social norms based on the interest of the IO’s members – the sovereign states. For Barnett and Finnemore, the role of the international organizations is one of rule-setting: “not only to regulate but also to constitute and construct the social world.”13 From this, it is clear that the position of the international organizations is to communicate and coordinate the interests of their members and to act in accordance with the agreed norms and rules.
However, Yoram Z. Haftel and Alexander Thompson also take the autonomous conduct of international organization into consideration: “the independence of an institution largely determines its authority and influence, its ability to shape international politics.”14 While Barnett and Finnemore claim that “the rational-legal authority that international organizations embody gives