Transformations of the State Series Editors: Achim Hurrelmann, Carleton University, Canada; Stephan Leibfried, University of Bremen, Germany; Kerstin Martens, University of Bremen, Germany; Peter Mayer, University of Bremen, Germany. Titles include: Joan DeBardeleben and Achim Hurrelmann (editors) DEMOCRATIC DILEMMAS OF MULTILEVEL GOVERNANCE Legitimacy, Representation and Accountability in the European Union Kerstin Martens, Alessandra Rusconi and Kathrin Leuze (editors) NEW ARENAS OF EDUCATION GOVERNANCE The Impact of International Organizations and Markets on Educational Policy Making Achim Hurrelmann, Steffen Schneider and Jens Steffek (editors) LEGITIMACY IN AN AGE OF GLOBAL POLITICS Achim Hurrelmann, Stephan Leibfried, Kerstin Martens and Peter Mayer (editors) TRANSFORMING THE GOLDEN-AGE NATION STATE Jens Steffek, Claudia Kissling, Patrizia Nanz (editors) CIVIL SOCIETY PARTICIPATION IN EUROPEAN AND GLOBAL GOVERNANCE A Cure for the Democratic Deficit? Klaus Dingwerth THE NEW TRANSNATIONALISM Transnational Governance and Democratic Legitimacy Peter Starke RADICAL WELFARE STATE RETRENCHMENT A Comparative Analysis Transformations of the State Series Standing Order ISBN 978-1-4039-8544-6 (hardback) 978-1-4039-8545-3 (paperback) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and one of the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England This illustration is taken from the original etching in Thomas Hobbes’ Leviathan of 1651. Palgrave Macmillan and the editors are grateful to Lucila Muñoz-Sanchez and Monika Sniegs for their help in redesigning the original to illustrate what ‘transformations of the state’ might mean. The inscription at the top of the original frontispiece reads ‘non est potestas Super Terram quae Comparetur ei’ (Job 41.24): ‘there is no power on earth which can be compared to him’. In the Bible, this refers to the sea- monster, Leviathan. (Original Leviathan image reprinted courtesy of the British Library.) Transforming the Golden-Age Nation State Edited by Achim Hurrelmann Assistant Professor of Political Science, Carleton University, Canada Stephan Leibfried Professor of Political Science, University of Bremen, Germany Kerstin Martens Assistant Professor of International Relations, University of Bremen, Germany Peter Mayer Professor of International Relations, University of Bremen, Germany Editorial matter and selection © Achim Hurrelmann, Stephan Leibfried, Kerstin Martens and Peter Mayer, 2007. Individual chapters © their respective authors, 2007. Softcover reprint of the hardcover 1st edition 2007 978-0-230-52161-2 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2007 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 978-1-349-35649-2 ISBN 978-0-230-59086-1 (eBook) DOI 10.1057/9780230590861 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10987654321 16 15 14 13 12 11 10 09 08 07 Contents List of Tables vii Series Preface viii Foreword x List of Abbreviations xii Notes on Contributors xv 1 The Golden-Age Nation State and its Transformation: A Framework for Analysis 1 Achim Hurrelmann, Stephan Leibfried, Kerstin Martens and Peter Mayer 2 Europe, the Nation State and Taxation 24 Susanne Uhl 3 Internationalization of Intervention? UN and EU Security Politics and the Modern State 42 Sebastian Mayer and Silke Weinlich 4 From Diffusion to Interplay: Rethinking the Constitutional State in the Age of Global Legal Pluralism 63 Martin Herberg 5 Transformations of Commercial Law: New Forms of Legal Certainty for Globalized Exchange Processes? 83 Gralf-Peter Calliess, Thomas Dietz, Wioletta Konradi, Holger Nieswandt and Fabian Sosa 6 Breaking the Nation State Shell: Prospects for Democratic Legitimacy in the International Domain 109 Jens Steffek 7 Governing the Internet: The Quest for Legitimate and Effective Rules 130 Ralf Bendrath, Jeanette Hofmann, Volker Leib, Peter Mayer and Michael Zürn 8 The Internationalization of Education Policy: Towards Convergence of National Paths? 152 Kerstin Martens and Ansgar Weymann v vi Contents 9 The Role of the Nation State in the Internationalization of Accounting Regimes 173 Jochen Zimmermann 10 The Transformation of the Golden-Age Nation State: Findings and Perspectives 193 Achim Hurrelmann, Stephan Leibfried, Kerstin Martens and Peter Mayer Index 207 List of Tables 5.1 Public and Private Governance Mechanisms in International Commerce 88 5.2 Sources of Law Used in Routine Arbitration Proceedings 98 vii Series Preface When we think about the future of the modern state, we encounter a puz- zling variety of scholarly diagnoses and prophecies. Some commentators predict nothing less than the total demise of the state as a useful model for organizing society – its powers eroded by a dynamic global economy and by an increasing transference of political decision-making powers to supranational bodies. Others disagree profoundly and point to the remark- able resilience of the state and its core institutions. Even in the age of global markets and politics, the state remains the ultimate guarantor of security, democracy, welfare and the rule of law. These debates raise complex questions for the social sciences: what is happening to the mod- ern liberal nation-state of the OECD bloc? Is it an outdated model? Is it still useful? Is it in need of modest reform or far-reaching change? The state is a complex entity, providing many different services and regulating many areas of everyday life. There can be no simple answer to these questions. The Transformations of the State series disaggregates the tasks and functions of the state into four key dimensions: • the monopolization of the means of force • the rule of law as prescribed and safeguarded by the constitution • the guarantee of democratic self-governance • the provision of welfare and the assurance of social cohesion In the OECD world of the 1960s and 1970s these four institutional aspects formed the central characteristics of the modern state, creating a synergetic whole. This series is devoted to empirical and theoretical studies that explore changes to this historical model, and the current and future prospects for a traditional conception of the state. Although a political science approach dominates, many books are interdiscipli- nary in nature and also draw upon law, economics, history and sociology. We hope that taken together these volumes will provide readers with the ‘state of the art’ on the ‘state of the state’. This book contributes to the work of the Collaborative Research Centre Transformations of the State at the University of Bremen (Germany), and is funded by the German Research Foundation (DFG). viii Series Preface ix The state analyses pursued by the Centre are readily accessible through two overview volumes: Stephan Leibfried and Michael Zürn, (eds), Transformations of the State? (2005); and Achim Hurrelmann, Stephan Leibfried, Kerstin Martens and Peter Mayer, (eds), Transforming the Golden-Age Nation State (2007), published in the Transformations of the State series. Further information on the Centre can be found at www.state.uni-bremen.de. Achim Hurrelmann, Stephan Leibfried, Kerstin Martens and Peter Mayer Series Editors Foreword Until the 1970s, we thought of nation states as self-sufficient ‘containers’. Since then, we have become accustomed to stressing their ever-growing interdependence in an age of globalization. While the empirical ground- ing of this ‘paradigm shift’ now seems beyond doubt, it is less clear what accelerated globalization does to the state – its territorial control, its arrangements for securing the rule of law, its democratic legitimacy, or its role in the provision of social welfare. What has become of the Western nation state and its interweaving of functions in the decades since the 1970s? Is its fabric worn out, is it unravelling? Will it merely be rewoven and restyled?