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The Changing Boundaries of the EU Member State Polity the What, Who and How of Late Sovereign Argument
The Changing Boundaries of the EU Member State Polity The What, Who and How of Late Sovereign Argument Alastair MacIver Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Florence, 02 October 2018 European University Institute Department of Law The Changing Boundaries of the EU Member State Polity The What, Who and How of Late Sovereign Argument Alastair MacIver Thesis submitted for assessment with a view to obtaining the degree of Doctor of Laws of the European University Institute Examining Board Professor Marise Cremona, European University Institute (Supervisor) Professor Carlos Closa, Institute of Public Goods and Policies, Madrid Professor Jo Shaw, University of Edinburgh Doctor Nikos Skoutaris, University of East Anglia © Alastair MacIver, 2018 No part of this thesis may be copied, reproduced or transmitted without prior permission of the author Researcher declaration to accompany the submission of written work Department of Law – LL.M. and Ph.D. Programmes I Alastair MacIver certify that I am the author of the work The Changing Boundaries of the EU Member State Polity: The What, Who and How of Late Sovereign Argument I have presented for examination for the Ph.D. at the European University Institute. I also certify that this is solely my own original work, other than where I have clearly indicated, in this declaration and in the thesis, that it is the work of others. I warrant that I have obtained all the permissions required for using any material from other copyrighted publications. I certify that this work complies with the Code of Ethics in Academic Research issued by the European University Institute (IUE 332/2/10 (CA 297). -
Law of Thesea
Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs Law of the Sea Bulletin No. 83 asdf United Nations New York, 2014 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Furthermore, publication in the Bulletin of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the United Nations of the validity of the actions and decisions in question. IF ANY MATERIAL CONTAINED IN THE BULLETIN IS REPRODUCED IN PART OR IN WHOLE, DUE ACKNOWLEDGEMENT SHOULD BE GIVEN. Copyright © United Nations, 2013 Page I. UNITED NATIONS CONVENTION ON THE LAW OF THE SEA ......................................................... 1 Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the Implementation of Part XI of the Convention and of the Agreement for the Implementation of the Provisions of the Convention relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks ................................................................................................................ 1 1. Table recapitulating the status of the Convention and of the related Agreements, as at 30 November 2013 ................................................................................................................. 1 2. Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements, as at 30 November 2013 ................................................................................ 9 a. The Convention ....................................................................................................................... 9 b. -
Gisela Färber (Hrsg.)
Gisela Färber (Hrsg.) Governing from the Center: The Influence of the Federal/Central Government on Subnational Governments Papers Presented at the Conference of the IACFS September 29 – October 1, 2011 in Speyer Speyerer Forschungsberichte 269 Gisela Färber (Hrsg.) GOVERNING FROM THE CENTER: THE INFLUENCE OF THE FEDERAL/CENTRAL GOVERNMENT ON SUBNATIONAL GOVERNMENTS Papers Presented at the Conference of the IACFS September 29 – October 1, 2011 in Speyer DEUTSCHES FORSCHUNGSINSTITUT FÜR ÖFFENTLICHE VERWALTUNG SPEYER 2012 Gefördert durch die Bundesrepublik Deutschland Bibliografische Information der Deutschen Bibliothek Die Deutsche Bibliothek verzeichnet diese Publikation in der Deutschen Nationalbiblio- grafie; detaillierte bibliografische Daten sind im Internet über http://dnb.ddb.de abrufbar. (Speyerer Forschungsberichte ; 269) ISBN 978-3-941738-07-2 Herstellung: DEUTSCHES FORSCHUNGSINSTITUT FÜR ÖFFENTLICHE VERWALTUNG SPEYER Umschlagentwurf: © 8/97 TRIFTY ART Grafik Design • 67550 Worms • Hauptstr. 32 • Tel.: 0 62 41/95 15 38 V Preface In theory, federal states provide for a clear division of competences among the orders (or levels) of government. Federal constitutions determine the dis- tribution of the various tasks as well as the most important institutions and the rules of cooperation among them. Both vertical and horizontal divisions of powers limit the overall power of the state. From the economic point of view, federal constitutions safeguard the efficiency of the supply of public goods by establishing institutionally preset conditions for making political decisions when regional preferences differ and by instituting a horizontal competition among jurisdictions. In practice, however, federal arrangements in all countries depart from this clear separation of competences, with pervasive formal and informal coopera- tion in decision-making processes and in the production of public goods. -
Federalism Issues in Surface Transportation Policy: a Historical Perspective
Federalism Issues in Surface Transportation Policy: A Historical Perspective Robert Jay Dilger Senior Specialist in American National Government December 8, 2015 Congressional Research Service 7-5700 www.crs.gov R40431 Federalism Issues in Surface Transportation Policy: A Historical Perspective Summary P.L. 114-94, the Fixing America’s Surface Transportation (FAST) Act, was signed by President Obama on December 4, 2015. The act reauthorizes federal highway and mass transit programs through the end of FY2020. It also authorizes to be appropriated about $305 billion for these programs, an increase of about 4.2% over current funding levels plus projected inflation for highway programs and 7.9% over current funding levels plus projected inflation for public transportation programs. Although the federal presence, and influence, on surface transportation policy remains significant, FAST is a continuation of previous reauthorizations’ emphasis on increasing state decisionmaking authority. For example, FAST provides states greater flexibility in the use of federal highway assistance by converting the Surface Transportation Program (STP) into a block grant; rolling the Transportation Alternatives Program into the STP and allowing 50% of local government transportation alternatives funding to be used on any STP-eligible project; and consolidating truck and bus safety grant programs. FAST also includes changes to the project delivery approval process in an effort to reduce the average project delivery time for highway and mass transit construction projects. For many years, state and local government officials have lobbied for increased federal assistance for surface transportation grants and increased flexibility in the use of those funds. They argue that they are better able to identify surface transportation needs in their states than federal officials and are capable of administering federal grant funds with relatively minimal federal oversight. -
An Open and Shut Case? Probing the Greek-Cypriot Rejection of the Annan Plan
THE CYPRUS PROBLEM: AN OPEN AND SHUT CASE? PROBING THE GREEK-CYPRIOT REJECTION OF THE ANNAN PLAN Alexis Heraclides Abstract This article tries to probe the reasons for the Greek-Cypriot rejection of the Annan Plan in 2004, by following two Jines of inquiry. One is to access the dominant view among the Greek-Cypriots before and after the appearance of the Plan. A second line of reasoning is to try to chart the reasons for the rejection at the level of the Republic of Cyprus. As regards the first approach, (a) in the days before the Plan, the Greek-Cypriots were in their majority not prepared to accept a loose federation; (b) from the 1st Annan Plan and up until the Referendum there was never a clear majority for the Plan. The article then goes on to examine seven Rational Actor hypotheses as explanations for the unflinching posture of the Greek-Cypriot leadership: sheer bad faith; international conspiracy theory; tough negotiating strategy; the asset of EU membership negotiation-wise; poker strategy; a 50-year backward leap; and the nationalist mind-set. The results of the 24 April 2004 Cyprus Referenda (Greek-Cypriots 'No' of almost 76%, Turkish-Cypriot 'Yes' of almost 65%), would probably go down in the annals of the Cyprus Question as a watershed. In the wake of the referendum, the spectre of a final partition pervades the atmosphere as never before, for now it is the willingness of the numerical majority for a reunification in a political system establishing equality and power-sharing between the two communities, that is seriously in doubt. -
THE CYPRUS REVIEW a Journal of Social, Economic and Political Issues
V O L U M E 2 2 N U M B E R 2 THE CYPRUS REVIEW A Journal of Social, Economic and Political Issues The Cyprus Review, a Journal of Social, Economic and Political Issues, P.O. Box 24005 1700 Nicosia, Cyprus. Telephone: 22-353702 ext 301, 22-841500 E-mail: [email protected] Telefax: 22-353682, 22-357481, www.unic.ac.cy To access site: > Research > UNic Publications Subscription Office: The Cyprus Review University of Nicosia 46 Makedonitissas Avenue 1700 Nicosia, Cyprus Copyright: © 2010 University of Nicosia, Cyprus. ISSN 1015-2881. All rights reserved. No restrictions on photo-copying. Quotations from The Cyprus Review are welcome, but acknowledgement of the source must be given. TCR Editorial Team Guest Editor: Costas M. Constantinou Editor in Chief: Hubert Faustmann Co-Editors: James Ker-Lindsay Craig Webster Book Reviews Editor: Olga Demetriou Managing Editor: Nicos Peristianis Assistant Editor: Christina McRoy EDITORIAL BOARD V O L U M E 2 2 N U M B E R 2 Costas M. Constantinou University of Nicosia, Cyprus Ayla Gürel Cyprus Centre of International Peace Research Institute, Oslo (PRIO) Maria Hadjipavlou University of Cyprus Mete Hatay Cyprus Centre of International Peace Research Institute, Oslo (PRIO) Yiannis E. Ioannou University of Cyprus Joseph Joseph University of Cyprus Michael Kammas Director General, Association of Cyprus Commercial Banks Erol Kaymak Political Science Association, Cyprus Diana Markides University of Cyprus Caesar Mavratsas University of Cyprus Farid Mirbagheri University of Nicosia, Cyprus Maria Roussou The Pedagogical Institute of Cyprus / Ministry of Education & Culture, Cyprus Nicos Trimikliniotis Centre for the Study of Migration, Inter-ethnic and Labour Relations/ University of Nicosia and PRIO Cyprus Centre INTERNATIONAL ADVISORY BOARD V O L U M E 2 2 N U M B E R 2 Peter Allen John T.A. -
SECURITY Cquncil
SECURITY q/4259 CQUNCiL 22 January 1960 ORIGINAL: XEZLISH LET'BR DATED 22 JANUARY 1960 FRCM 'I'HF: ACTING PERi?!NT P;EPRESENTATIVEOF PAKISTAN ADDRESSEDTO TFiZ FRESIl%NT .OF THE SECURITY COUNCIL I am instructed by the Government of Pakistan to refer to the letter addressed by the Permanent RepresentEative of India to the President of the Security CouncS-1 on 12 October 1959. 2. It appears from this correspondence that the practice has become habitual with the Government of In&ia to aF&ver every question, and attempt to meet every objection, about their actions regarding Kashmir by making a general statement 'which, in itself, is completely baseless. To refute a statement of this character is merely ts cite the rudimentary facts of the Kashmir dispute, as known and realized by the United Nations and the world community in general. Since the Government of India shows itself as impervious to all arguments, it is necessary here only to make a statement of a basic position. It is:' (i) Jammu and Kashmir is not, and never has been, in point of human, moral or legal fact, a constituent state of the Indian Vnion. It is a territory in dispute, whose disposition shall be determined only by the will of its own people to be ascertained in a free and impartial manner and without any coercion. (ii) The resolutions of the United Nations Commission for India and Pakistan were framed, not on the basis of InAials complaint against any alleged aggression, but with regard to the situation in Jammu and Kashmir and to the legitimate rights and interests involved therein. -
Constitutional Law on the Strength and Equipment of the Constituent State Police Forces
Foundation Agreement Annex II, Attachment 2, Law 1 A Constitutional Law on the Strength and Equipment of the Constituent State Police Forces Short title 1. This Law may be cited as the Constitutional Law on the Strength and Equipment of the Constituent State Police Forces Interpretation 2. In this Law, unless the context otherwise requires - “Cooperation Agreement” means the Cooperation Agreement between the federal government and the constituent states on police matters; “law-enforcement agencies” means the police forces of the constituent states, the Federal Police, the Financial Intelligence Unit, and the Joint Investigation Agency; Constituent state police to be regulated by constituent state law 3. Subject to the provisions of this Law, each constituent state’s police force shall be regulated by the said constituent state’s law. Size of constituent state police forces 4.(1) Each constituent state police force may not number more than 700 police personnel plus six police personnel per thousand constituent state inhabitants. (2) Each constituent state government shall submit to the Presidential Council every year a detailed report on the strength, including structure and personnel, of its police force: Provided that during the first five years from the entry into force of this Law, such report shall be submitted every six months. Weapons held by constituent state police forces 5.-(1) Constituent state police forces may only carry weapons appropriate for normal civilian police duties. (2) No weapons shall be purchased by any constituent state for the needs of its police force unless the following procedure is followed: a) Before purchasing any such weapons, the government of the constituent state concerned shall notify the Presidential Council and the government of the other constituent state of the type and number of weapons to be purchased. -
Sense and Nonsense About State Immunity David E
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1985 Sense and Nonsense About State Immunity David E. Engdahl Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Engdahl, David E., "Sense and Nonsense About State Immunity" (1985). Constitutional Commentary. 222. https://scholarship.law.umn.edu/concomm/222 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. SENSE AND NONSENSE ABOUT STATE IMMUNITY .David E Engdahl* Defending the state immunity principle of National League of Cities v. Useryi is a lonely and somewhat suspect task for a consti tutional scholar today. Having played a small contributing part2 in precipitating that controversial decision, however, this writer perhaps has some modest obligation to attempt to illuminate the debate. The judicial and academic discussions of National League of Cities contain a great deal of nonsense on both sides of the issue. The single most troublesome bit of nonsense is the idea that the principle somehow derives from the tenth amendment. To be sure, that attribution is made by its judicial proponents, but it is woefully inapt. Another recurrent mistake is the claim that Na tional League of Cities is a revival of the long-discredited "dual federalism" doctrine. Yet another is the notion that the principle is tied to the commerce clause. In fact, National League of Cities itself was not truly a "commerce clause case." National League of Cities, like most of United States v. -
7. the Federated State and Its Treaty-Making Power
3 7 7 SAMEDI 27 FEVRIER 1982 Troisième séance de travail Président : M. Paul DE VISSCHER Professeur à l’Université Catholique de Louvain 7. THE FEDERATED STATE AND ITS TREATY-MAKING POWER M. Frank L.M. VAN DE CRAEN (L.LL., Lie. Dipl. Sc., LL.M.) Lecturer at SIU (Heidelberg Campus), chargé de recherches au C.I.D.P. TABLE OF CONTENTS Introduction PART I. The extemal Aspects of a lus Tractatuum Chapter 1. The sources of the Federated State’s Treaty-Making Power (if existent) in International and in Constitutional Law Section A. In International Law Section B. In Constitutional Law 1. Argentina 2. The Commonwealth of Australia 3. The Fédéral Republic of Austria 4. Belgium 5. Canada 6. The Fédéral Republic of Germany 7. Italy 8. The Swiss Confédération 9. The Union of Socialist Soviet Republics 10. The United States of America 11. The Socialist Fédéral Republic of Yugoslavia Chapter 2. The Nature and Essence of the Treaty-Making Power. Section A. An Autonomous and Independent lus Tractatuum ? Section B. An Autonomous but Dépendent lus Tractatuum ? 3 7 8 FRANK L.M. VAN DECRAEN Chapter 3. The Scope of the Federated State’s Treaty-Making Power Section A. The Areas and the Intensity of the Treaty-Making Activity Section B. The Existence of an « Exclusive » Treaty-Making Power Vested in the Federated State ? Section C. Excursion. The Fédéral Treaty-Making Power under Direct Fe derated State’s Control PART II. The Internai Aspects of the Federated State’s lus Tractatuum 1. Canada 2. The United States of America 3. -
Multilingual Voices of Unification in 'No Man's Land': Evidence from The
Multilingual voices of unification in ‘No man’s land’: evidence from the linguistic landscape of Nicosia’s UN-controlled buffer zone Article Accepted Version Themistocleous, C. (2020) Multilingual voices of unification in ‘No man’s land’: evidence from the linguistic landscape of Nicosia’s UN-controlled buffer zone. Linguistic Landscape, 6 (2). pp. 155-182. ISSN 2214-9961 doi: https://doi.org/10.1075/ll.19030.the Available at http://centaur.reading.ac.uk/89469/ It is advisable to refer to the publisher’s version if you intend to cite from the work. See Guidance on citing . To link to this article DOI: http://dx.doi.org/10.1075/ll.19030.the Publisher: John Benjamins All outputs in CentAUR are protected by Intellectual Property Rights law, including copyright law. Copyright and IPR is retained by the creators or other copyright holders. Terms and conditions for use of this material are defined in the End User Agreement . www.reading.ac.uk/centaur CentAUR Central Archive at the University of Reading Reading’s research outputs online Multilingual voices of unification in ‘No man’s land’: Evidence from the Linguistic Landscape of Nicosia’s UN-controlled buffer zone Christiana Themistocleous University of Reading Abstract The island of Cyprus and Nicosia, its capital, have been divided by a UN-controlled buffer zone since the 1974 war. The ease of movement restrictions in 2003 saw Greek-Cypriots and Turkish-Cypriots crossing into each other’s area after 30 years of complete separation and increased mobility, especially through the UN-controlled buffer zone at the Ledras street crossing-point in Nicosia, interjected a new dynamic in the area. -
State-Building, Nation-Building, and Constitutional Politics in Post-Conflict Situations: Conceptual Clarifications and an Appraisal of Different Approaches
State-Building, Nation-Building, and Constitutional Politics in Post-Conflict Situations: Conceptual Clarifications and an Appraisal of Different Approaches Armin von Bogdandy/ Stefan Häußler/ Felix Hanschmann/ Raphael Utz I. Defining the Issues 1. A Useful Distinction a. State Failure and State-Building b. Nation Failure and Nation-Building c. The Habitus of Obedience to Law 2. Foreign Intervention and the Promotion of Democracy a. The Policy of the United States b. The Policy of the United Nations II. Constitutional Politics 1. Constitutional Nation-Building 2. Collective Identity and Constitutional Identity 3. The Procedural Aspect: Democracy, Elite Consensus, and Foreign In- tervention a. The South African Constitution b. The Afghan Constitution c. The Cypriot Constitution 4. The Institutional Aspect: Strong Leadership or Consensual Democ- racy? III. Conclusion A. von Bogdandy and R. Wolfrum, (eds.), Max Planck Yearbook of United Nations Law, Volume 9, 2005, p. 579-613. © 2005 Koninklijke Brill N.V. Printed in The Netherlands. 580 Max Planck UNYB 9 (2005) I. Defining the Issues 1. A Useful Distinction After military defeats of political regimes or civil wars, one crucial problem of the rebuilding efforts in general and the constitutional proc- ess in particular can be termed as follows: does the country need only state-building or nation-building as well? The problem is not termino- logical, but substantive.1 a. State Failure and State-Building State failure can be defined as the failure of public institutions to deliver positive political goods to citizens on a scale likely to undermine the le- gitimacy and the existence of the state itself.2 State failure occurs in re- spect to a wide range of political goods of which the most important ones are the provision of security, a legal system to adjudicate disputes, provision of economic and communication infrastructures, the supply of some form of welfare policies, and increasingly also opportunities for participation in the political process.