On the Brink of the Transatlantic Rift? 1
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Notes 1 The United States and the European Union: On the Brink of the Transatlantic Rift? 1. Elaine Sciolino, “France Will Use Veto, Chirac Says,” The New York Times, 11 March 2003, http://www.nytimes.com. 2. Donald Rumsfeld, Briefing at the Foreign Press Center, 23 January 2003. Transcript at http://www.defenselink.mil/news/Jan2003/t01232003_t0122 sdfpc.html. 3. This pattern is also noted in Kagan, “Power and Weakness” and Paradise and Power, and van Ham and Kugler, Western Unity, to name only three recent examples. 4. Treaty on European Union, 7 February 1992, Article J.1.2. 5. Christopher Patten, “A European Foreign Policy: Ambition and Reality,” speech to the Institut Français des Relations Internationales, Paris, 15 June 2000. 6. Clinton, National Security Strategy 1999, iii. 7. Ibid., 5. The 2000 version of this document is less succinct in its restatement of the same vision and goals. 8. Richard Haass, “Multilateralism for a Global Era,” speech to the Carnegie Endowment for International Peace Conference, 14 November 2001. 9. Richard Haass, “Defining U.S. Foreign Policy in a Post-Post-Cold War World,” Arthur Ross Lecture to the Foreign Policy Association, 22 April 2002. 10. Bush, National Security Strategy 2002, 1. 11. Ibid., 14–30. 12. “Revolt at the U.N.,” The New York Times, 5 May 2001, A12; William Safire, “Slavery Triumphs,” The New York Times, 7 May 2001, A17. 13. Statement by William F. Schulz, Executive Director of Amnesty International USA, 4 May 2001. 14. Barbara Crossette, “For First Time, U.S. Is Excluded from U.N. Human Rights Panel,” The New York Times, 4 May 2001, A1. 15. Christopher Marquis, “Washington Arguing over Losing Rights Seat,” The New York Times, 4 May 2001, A13. 16. “Error of Commission,” The New Republic, 21 May 2001, 11. 17. For an excellent treatment of the development of Common Foreign and Security Policy, see Eliassen, ed., Foreign and Security Policy; Regelsberger, de Schoutheete, and Wessels, ed., Foreign Policy of the European Union; Duke, Elusive Quest; Smith, European Union Foreign Policy; Guay, Political Economy of a Relationship; Soetendorp, Foreign Policy in the European Union; Holland, European Union Common Foreign Policy; and Peterson and Sjursen, eds., Competing Visions. For a more general look at EU policy-making, see Peterson and Bomberg, Decision-Making in the European Union. For the first years of European integration, see Haas, Uniting of Europe. 18. Costa v. ENEL, cited in Wallace, “Sharing of Sovereignty,” 510. 170 Notes 19. Ibid., 505–6. 20. Ibid., 518. While the EU may not exercise sole control over all its inhabitants, this is also true of many “failed states,” particularly in Africa (Somalia, Sierra Leone, Congo) but also in Colombia and Iraq. Perhaps recognition as a state today requires only the inhabited territory and the “ability to enter into relations with other states,” as suggested by Dugard, Recognition and the United Nations,7. 21. Maggie Farley, “U.S. Regains Seat on Rights Panel,” Los Angeles Times, 30 April 2002, http://www.latimes.com. 22. “Secretary Rumsfeld Roundtable with Radio Media,” Department of Defense News Transcript, 15 January 2002. 23. “Secretary Rumsfeld Media Stakeout at NBC,” Department of Defense News Transcript, 20 January 2002. 24. “EU Presses U.S. on Prisoner Rights,” BBC News, 21 January 2002, http://news.bbc.co.uk/hi/english/world. 25. T.R. Reid, “British Find No Abuse of U.S. Captives At Cuba Base,” The Washington Post, 22 January 2002, A08. 26. “Britain Questions Treatment of Prisoners by U.S.,” The Washington Post, 21 January 2002, A07. 27. “Germany Criticizes U.S. Over Prisoners’ Treatment,” The Washington Post, 22 January 2002, http://www.washingtonpost.com. 28. “U.S. ‘Rewriting Rules on Prisoners,’ ” BBC News, 8 February 2002, http://news.bbc.co.uk/hi/english/world. 29. “Detainee Operations,” DoD Talking Points, 10 May 2002. 30. Todd Pitman, “British Won’t Give Captured Enemies to U.S.,” The Washington Times, 30 April 2002, http://www.washingtontimes.com. 31. Tom Malinowski (Advocacy Director, Human Rights Watch) and David Bowker (Attorney Adviser, Department of State), and American government officials, in discussion with the author, June 2002. 32. U.S. Mission to the United Nations Press Release # 87 (02) June 30, 2002. 33. Colum Lynch, “Dispute Threatens UN Role In Bosnia,” The Washington Post, 1 July 2002, A01. 34. Richard Beeston, David Charter, James Bone and Rory Watson, “Britain Seeks U.S. Truce to Save Peace Missions,” The Times (London), 2 July 2002, http://www.thetimes.co.uk. 35. Judy Dempsey, “EU to Speed Action on Bosnia Police,” The Financial Times, 4 July 2002, http://news.ft.com/world. 36. “U.S. Offers Court Veto Deal,” BBC News, 3 July 2002, http://news.bbc.co.uk/ hi/english/world. 37. Colum Lynch, “U.S. Wins 1-Year Shield From War Crimes Court,” The Washington Post, 13 July 2002, A16. 38. H.R. 4775, 2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States, Title II—American Service-Members’ Protection Act 39. P5_TA-PROV(2002)0367. 40. Statement of the U.S. Embassy to the Netherlands, 12 June 2002, www.usemb.nl/061202.htm. Dutch colleagues of the author, spoken to during this period, did not find this statement fully reassuring. 41. Lee Dembart, “U.S. and Global Criminal Court: How Much Leeway for Washington?” International Herald Tribune, 25 September 2002, http://www.iht.com. Notes 171 42. Judy Dempsey, “Accords with U.S. ‘Will Violate’ ICC Treaty,” Financial Times, 27 August 2002, http://news.ft.com/world. 43. Robert Wielaard, “EU Panel Disputes Immunity at ICC,” The Washington Times, 29 August 2002, http://www.washingtontimes.com. 44. Elizabeth Becker, “European Union Urges Aspirants to Rebuff U.S. on World Court,” The New York Times, 14 August 2002, http://www.nytimes.com. 45. Elizabeth Becker, “U.S. Issues Warning to Europeans in Dispute Over New Court,” The New York Times, 26 August 2002, http://www.nytimes.com; Peter Slevin, “U.S. Presses Allies on War Crimes Court,” The Washington Post, 26 August 2002, http://www.washingtonpost.com. 46. Judy Dempsey, “UK to Back U.S. on War Crimes Court,” Financial Times, 31 August 2002, http://news.ft.com/world/; “EU to Consider Exempting U.S. from ICC,” The Washington Times, 1 September 2002, http://www. washingtontimes.com. 47. Judy Dempsey, “Europe Retreats over Criminal Court Accords,” Financial Times, 30 September 2002, http://news.ft.com/world. 48. Javier Solana, “A Partnership with Many Missions,” speech at the German Marshall Fund Peter Weitz Awards Dinner, Washington, 20 May 2002. 49. Haass, “Defining U.S. Foreign Policy.” 50. For more, see Smith, European Union Foreign Policy; Holland, European Union Common Foreign Policy; Soetendorp, Foreign Policy in the European Union; Bronstone, European Union-United States Security Relations; and Krenzler and Wiegand, “EU-U.S. Relations.” 51. Treaty on European Union, Article B. This language has been retained in Article 2 of the Treaty, as amended at Amsterdam and at Nice. 52. Right Honourable Henry McLeish (Member of Scottish Parliament), in discus- sion with the author, April 2002. 53. The only mention Bush made of Europe, as opposed to generic references to “our allies,” was near the end, when he said, “Together with friends and allies from Europe to Asia, and Africa to Latin America, we will demonstrate that the forces of terror cannot stop the momentum of freedom.” State of the Union Address, 29 January 2002. 54. This division of topics into different “issue areas” follows the model of Brecher, Steinberg, and Stein, “Framework for Research,” although the specific issue areas differ from what they specify on pages 91–2. Following Potter, “Issue Area,” 419, this division implies the possibility that foreign policy behavior could be different in these issue areas. This work was pioneered by Lowi, “American Business.” 55. The classic work is Olsen, Logic of Collective Action. See also Sandler, Collective Action, or Barkin and Shambaugh, Anarchy and the Environment. 56. For a full discussion of multilateralism, see chapter 2; in particular Ruggie, “Multilateralism,” and Multilateralism Matters. 57. Patrick J. Haney and Walt Vanderbush, “The Helms-Burton Act: Congress and Cuba Policy,” in Contemporary Cases, ed. Carter, 270–90; for a description of diplomatic efforts between the United States and EU to resolve the issue see Richard A. Nuccio, “Cuba: A U.S. Perspective,” in Transatlantic Tensions, ed. Haass, 7–28 and Joaquín Roy, “Europe: Cuba, the U.S. Embargo, and the Helms-Burton Law,” in Transatlantic Tensions, ed. Haass, 29–47. 58. Roy, “Europe,” 30–9. 59. Marco Gestri, “Control by States Parties over Private Extraterritorial Activities: Issues of Jurisdiction and International Responsibility,” in The New Chemical Weapons Convention, ed. Bothe, Ronzitti, and Rosas, 476–8. 172 Notes 60. For example, Bonser ed., Security, Trade, and Environmental Policy; Telò ed., European Union and New Regionalism; Calleya ed., Regionalism in the Post-Cold War World; Bergsten, “America and Europe”; and Krenzler and Wiegand, “EU- U.S. Relations.” 61. Soetendorp, Foreign Policy in the European Union, 88. 62. Guay, Political Economy of a Relationship, 78. 63. “Trade War Looms over Steel Dispute,” BBC World, 6 March 2002, http:// news.bbc.co.uk/hi/english/world. 64. Helmut Bünder and Claus Tigges, “Transatlantic Tete-a-Tete Hardens Over U.S. Tariffs for Steel Imports,” Frankfurter Allgemeine Zeitung, 2 May 2002, http://www.faz.com/IN/INtemplates/eFAZ. 65. Bronwen Maddox, “EU Throws Down Gauntlet to Bush as Steel Wars Hot Up,” The Times (London), 17 May 2002, http://www.thetimes.co.uk. 2 International Relations Approaches and Transatlantic Relations 1. This concept of evaluating existing and competing research programs follows the design of Imre Lakatos, “Falsification and the Methodology of Scientific Research Programs,” in Criticism and the Growth of Knowledge, ed.