Archive for the 'Norms' Category

11 septAyelet Shachar (Max Plank, Univ. of Toronto), Dangerous Liaisons: Money and Citizenship – Jeudi 3 Octobre 17.00-19.00 2019

“There are some things that money can’t buy.” Is citizenship among them? This talk will explore this question by highlighting the core legal and ethical puzzles associated with the surge in cash-for-passport programs. The spread of these new programs is one of the most significant developments in citizenship practice in the past few decades. It tests our deepest intuitions about the meaning and attributes of the relationship between the individual and the political community to which she belongs. Shachar will identify the main strategies employed by a growing number of states putting their visas and passports for sale, selectively opening their otherwise bolted gates of admission to the super rich, while making admission harder for most other categories of migrants. Moving from the positive to the normative, the discussion will draw attention to several lines of critique of these new programs, highlighting their distortive democratic and distributional impacts in a world in which governments and intermediaries are testing, blurring and eroding the state-market boundary regulating access to membership.

Ayelet Shachar

Director, Max Planck Institute for the Study of Religious and Ethnic Diversity &
Professor of Law and Political Science, University of Toronto

Discussant: Hélène Thiollet (CNRS-CERI, Sciences Po)

Lieu : Salle Goguel, 56, rue des Saints Pères (4 étage) – entrée 27, rue Saint Guillaume

06 septMaja Spanu (Cambridge), Hierarchies After Empire: Self-determination and the Constitution of Inequality, Thursday October 18th 2018

Whereas International Relations scholars and international lawyers have conceived self-determination serving to constitute an egalitarian post-imperial international system via the principle of sovereign equality, I argue that self-determination is in fact bound up with hierarchy. My paper reveals the existence of a tension between the egalitarian aspiration of self-determination and practices attached to its realisation that create stratifications between older and newer states as well as within the latter. The tension plays out around what I see are the three historical components relating to self-determination practices: people, rights and responsibilities. While these components have been recurrent, the principles of stratification attached to them have changed over time. These are specific standards of membership in the international system of states as well as post-imperial politics of state-formation undertaken domestically. I substantiate these points by examining the three twentieth century waves of state formation after empire: after World War I, during the post-World War II decolonisation, and with the collapse of Yugoslavia in the 1990s. Greater attention to the ambivalent history of self-determination coheres with recent interest in the study of hierarchy in world politics whilst speaking to literatures on the making of the international system and on state-formation.

Maja Spanu (Cambridge)
CERI, salle Jean Monnet, 17.00-19.00
Discussant: Ayrton Aubry (CERI-Sciences Po)

28 octBenoît Pelopidas (SciencesPo, CERI) « Taking luck seriously in a nuclear-armed world », Thursday December 7th 2017

This book is an intervention at three levels, which is laid out in its first part. Conceptually, it shows that one can define luck as a distinct and researchable concept. Empirically, the book uses untapped primary sources to document two cases in which nuclear explosions have been avoided out of luck and not due to control practices. Epistemologically, it identifies five expert practices that make luck invisible or a priori inconsequential to analysts and scholars alike.
Given that policymakers have paid tribute to luck in the non-catastrophic outcome of nuclear crises for a long time (Acheson as early as 1969, McNamara 2003, Leonov 2002…) and that the consensus on the Cuban Missile Crisis over the last 25 years has established the role of luck without it leading to major chances in expert claims of control and control practices, the second part of the book investigates what the implications of taking luck seriously would be on four key dimensions of responsibility in international politics: the nexus between security and sustainability; morality and the issue of moral luck; recognition as taking luck seriously changes the possibility and meaning of trust, and democratic accountability. The book will conclude by reflecting on redefining responsibility in light of those four dimensions.

Sciences Po
199, Bd Saint Germain
3ème étage

17.00-19.00

Discussant: Benjamin Puybareau (CERI-Namur)

29 novSamuel Moyn (Harvard), « The Political Origins of Global Justice », Monday December 7th 2016

Samuel Moyn (Harvard)

The Political Origins of Global Justice

This paper attempts to recover the intellectual origins of contemporary ‘global justice,’ especially its cosmopolitan variant that holds that egalitarian distributive justice should apply at the worldwide level. The central claim of the paper is that the founder of global justice, Charles Beitz, was first inspired by then critical of a forgotten 1970s movement known as the ‘New International Economic Order,” rather than extrapolating from any prior chapter of Western thought. Some conclusions are drawn both about the loss of a theory of agency in contemporary normative thought, and how this episode might help think further about the larger transition in global political economy from national welfarism to global market fundamentalism since World War II.

Sciences Po
199, Bd Saint Germain
Salle 502

17.00-19.00

Discussant: Tom Theuns (Sciences Po, ULB)

27 octGilad Ben-Nun (Univ. Leipzig), ‘The Non Refoulement Protection of the 1951 Refugee Convention: Drafted by Refugees – for Refugees ?’, Mardi 1er Décembre, 17.00-19.00 2015

Gilad Ben-Nun (Global & European Studies Institute (GESI) – University of Leipzig)

This paper explains how the Non Refoulement Principle (Art. 33 of the 1951 Refugee Convention), seen today as the bedrock of modern international legal refugee protection, was drafted. It provides a plausible explanation as to why UN member States agreed to limit their National Sovereignty in this regard, focusing on a network analysis of the drafter’s circles. The existence of a humanitarianly-minded coalition of State-delegates, during the Refugee Convention’s Travaux préparatoires, facilitated the creation of this vital international legal tool. The impact of the drafters’ work came to the fore some six decades after their fruitful joint efforts, during the current refugee crisis on the High Seas of the Mediterranean. A second point of reference in this lecture will concentrate on the methodological approaches to the interpretation of treaties- between historical approaches and textual readings – and explain why these methodological issues are crucial as they directly influence the lives of thousands of African migrants. Thanks to the historical reading by the European Court for Human Rights, who broke ranks with the American and Australian Supreme Court in their textual reading of Non Refoulement, European Navies exchanged their ‘push back’ operations in the Mediterranean Sea, and in favour of search and rescue operations – in contrast to both the Australian and American Coast Guards.

Discutant : Benjamin Boudou (Sciences Po-CERI)

Lieu : CERI, salle Jean Monnet, 17.00-19.00

21 octRenaud-Philippe Garner (Univ. Toronto), « A Tale of Two Moralities », Mardi 17 Novembre, 17.00-19.00 2015

Renaud-Philippe Garner (Univ. Toronto)

In this paper, I seek to close a gap in Michael Walzer’s argument for the moral equality of soldiers. Specifically, I seek to show that Walzer’s argument for the moral equality of soldiers depends upon an implicit analysis of the function of excuses. I provide this analysis of excuses: a triadic relationship between moral norms, a background of normality and excuses. I then use this analysis to show that Jeff McMahan’s argument for the moral inequality of soldiers rest upon an implausible view of excuses, namely that the conditions of war merely constitute excuses for failing to comply with ordinary, or peacetime, morality. I argue that the conditions of war are best understood as providing a new background of normality rather than a set of excuses. To show this, I identify five conditions that separate the normality of war from the normality of peace.

Discutant: Yoel Mitrani (Sciences Po)

Lieu : CERI, salle Jean Monnet

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23 septLaura Dickinson (GWU), « Challenges to Domestic and International Legal Frameworks: Drones, Contractors, and Automated Weapons », Mardi 13 Octobre, 2015

Laura Dickinson (George Washington University)

This paper grapples with the impact of new military technologies on two bodies of law governing the use of force overseas (1) the domestic constitutional and statutory allocation of power between the President and Congress in U.S. law; (2) international humanitarian law. Unmanned aerial systems, often referred to as drones, as well as other increasingly automated weapons systems, are so radically reshaping the nature of war that they are distorting and changing time-worn legal calculations about the decision to use force abroad, as well as the way force is used once that decision is made. Moreover, the growing use of contractors, who invent, maintain, and in many cases operate these technologies, enhances this effect. By minimizing U.S. casualties and augmenting more conventional air campaigns, drones and contractors together reduce the political costs of engagement, making it easier for states to contemplate using force abroad. Perhaps even more significantly, in the United States these new methods and means of warfare enable legal arguments that change the balance of power between Congress and the President enshrined in domestic law – tilting it toward the President. At the same time, deploying these new technologies fragments authority and diffuses decision-making, which now often involves multiple actors who are removed from the actual battle. As a result, responsibility for the calculations governed by international humanitarian law is harder to pinpoint. Thus, even putting aside the vigorous debate about the scope and content of humanitarian law as it applies to the U.S. terrorist targeting program and the campaign against terrorism more broadly, we can see that the increasingly automated means of conducting that campaign, combined with the prominent role for contractors, diminishes the restraining power of international humanitarian law. To illustrate these points, the paper will focus on three examples in which the U.S. President did not receive explicit Congressional authorization for the use of force: the Kosovo intervention in 1999, the intervention in Libya in 2011, and the current campaign against the Islamic State in Iraq and Syria.

Discussant: Roger-Philippe Garner (Univ. of Toronto)

Ecole Doctorale, 199 boulevard Saint Germain
3ème étage
17.00-19.00

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16 mar« Pratiques discursives de (non)intervention: une archéologie (1648–1815) », Christelle Rigual (Graduate Institute Genève), Jeudi 26 Mars 2015

Christelle Rigual (The Graduate Institute Geneva)

Pratiques discursives de (non)intervention: une archéologie (1648–1815)

Few studies are dedicated to the concept of non-intervention, which is frequently equated with states’ sovereignty-deduced right to independence. The paper consequently questions how, historically and discursively, the notion of nonintervention emerged and evolved. The research, investigating ‘How has the conceptual system of (non)intervention been articulated and (de)constructed in international discursive practices between 1648 and 1815?’ will be conducted as a Foucauldian archaeology. This theoretical framework suggests looking at the relations, continuities and discontinuities around discursive formations; here the one of ‘non-intervention’ defined as the ‘external (non)interference in the internal affairs of a political entity’. Assumptions guiding the research suggest that 1) concepts of nonintervention and sovereignty did not emerge in a neat package during the Peace of Westphalia; 2) these concepts might have been disconnected and have evolved differently though time. Empirically, the paper qualitatively investigates several bodies of discourses (international treaties, lawyers, politicians and historians) around
key historical junctures from the Peace of Westphalia to the Congress of Vienna, to uncover discursive practices having governed understandings of (non)intervention through time. This contribution fills the gap in our knowledge on the concept of nonintervention, contributing to the literature of International Relations and shedding a renewed light on key contemporary events.

Discutante : Amélie Ferey (Sciences Po)

Lieu : 199 boulevard Saint Germain, école doctorale, 3ème étage

23 fév« The Corporate Security Development Nexus: Assembling Security in a Post-Political Era », Rita Abrahamsen and Michael Williams (the Graduate School of Public and International Affairs, University of Ottawa) Jeudi 5 Mars 2015 17.00

Rita Abrahamsen and Michael Williams (the Graduate School of Public and International Affairs, University of Ottawa)

The Corporate Security Development Nexus: Assembling Security in a Post-Political Era

Across the globe, security is increasingly provided and governed by complex assemblages of public and private, global and local actors. Some of the most important examples of such contemporary security assemblages are in the resource-extraction sector, where novel combinations of development agencies, resource corporations, and NGOs are engaged in security provision and governance. These assemblages represent more than new forms of security; they are also reflect a new kind of ‘post-political’ politics, and give rise to a new assembled geopolitics.

Jeudi 5 Mars 2015, 17.00-19.00

Lieu : CERI, 56, rue Jacob
salle du rez-de-chaussée

Philippe Bonditti (Sciences Po)

23 nov« Jus Post Bellum and Externally Imposed Regime Change », Stefano Recchia (Cambridge Univ.), Jeudi 4 Décembre 2014

Jus Post Bellum and Externally Imposed Regime Change

Stefano Recchia (Cambridge)

Influential contemporary theorists of jus post bellum, including Brian Orend, Gary Bass, Michael Walzer, and Michael Doyle, suggest that external interveners have a duty to establish representative democratic governance structures in “genocidal states” that have recently experienced large-scale, politically motivated violence against civilians. Against this view, I argue that regardless of a society’s recent history, efforts by foreign interveners to impose representative democracy are incompatible with the liberal internationalism that those authors profess to follow. Building on Rawls’s Law of Peoples, I argue that external peacebuilders ought to establish—forcibly if needed—“decent” governance structures that guarantee basic human rights protection and allow for meaningful popular self-determination. Yet efforts by outsiders to move beyond such decent governance structures pre-emptively resolve questions of institutional design that each people should best work out for itself, and consequently they are paternalistic to a degree that is difficult to justify from a liberal standpoint concerned with self-determination. There are also consequentialist reasons for preferring merely decent governance structures to representative democracy, unless the latter is freely chosen by the recognized representatives of the local population: the establishment of decent governance structures that build on local notions of political legitimacy facilitates the emergence of stable peace, or what Rawls calls “stability for the right reasons,” whereby a society’s members internalize the principles of justice embodied in a society’s institutions and act accordingly. By contrast, as classical liberals like J.S. Mill and Giuseppe Mazzini well understood, if outsiders impose more demanding, potentially alien notions of representative democracy on a society, it may be much more difficult to establish a self-sustaining peace.

Discutante : Marine Guillaume (CERI-Sciences Po)
Lieu: CERI, 56, rue Jacob, Paris 6, salle du conseil (4ème étage)