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The paper aims to lay out a framework for evaluating value shifts in the international legal order for the purposes of a forthcoming book. In view of current contestations it asks whether we are observing yet another period of norm change (Wandel) or even a more fundamental transformation of international law – a metamorphosis (Verwandlung). For this purpose it suggests to look into the mechanisms of how norms change from the perspective of legal and political science and also to approximate a reference point where change turns into metamorphosis. It submits that such a point may be reached where specific legally protected values are indeed changing (change of legal values) or where the very idea of protecting certain values through law is renounced (delegalizing of values). The paper discusses the benefits of such an interdisciplinary exchange and tries to identify differences and commonalities among both disciplinary perspectives.
A room full of ‘views’
(2023)
Quantitative research into the effectiveness of the UN human rights treaty bodies (UNTBs) in eliciting remedial responses from states is impeded by a lack of usable data on how states respond to their decisions. The new Treaty Body Views Dataset (TBVD) aims to fill this gap. It comprises details on all published decisions in individual complaints cases issued by the UNTBs between 1979 and 2019 and matches these with information on their state of compliance. The TBVD can be used for research on the activities of the treaty bodies, the nature of the decisions themselves, or state behavior following a decision. An empirical application illustrates how the TBVD can advance knowledge about the factors that correlate with compliance with adverse UNTB decisions. Results show that the likelihood of implementation hinges critically on decision-level characteristics, and reveal differences and similarities between compliance with UNTB decisions and regional human rights court judgments.
Activating norm collisions
(2020)
This article puts forward a constructivist-interpretivist approach to interface conflicts that emphasises how international actors articulate and problematise norm collisions in discursive and social interactions. Our approach is decidedly agency-oriented and follows the Special Issue’s interest in how interface conflicts play out at the micro-level. The article advances several theoretical and methodological propositions on how to identify norm collisions and the conditions under which they become the subject of international debate. Our argument on norm collisions, understood as situations in which actors perceive two norms as incompatible with each other, is threefold. First, we claim that agency matters to the analysis of the emergence, dynamics, management, and effects of norm collisions in international politics. Second, we propose to differentiate between dormant (subjectively perceived) and open norm collisions (intersubjectively shared). Third, we contend that the transition from dormant to open – which we term activation – depends on the existence of certain scope conditions concerning norm quality as well as changes in power structures and actor constellations. Empirically, we study norm collisions in the area of international drug control, presenting the field as one that contains several cases of dormant and open norm collisions, including those that constitute interface conflicts. For our in-depth analysis we have chosen the international discourse on coca leaf chewing. With this case, we not only seek to demonstrate the usefulness of our constructivist-interpretivist approach but also aim to explain under which conditions dormant norm collisions evolve into open collisions and even into interface conflicts.
To date, there has been little research on how advocacy coalitions influence the dynamic relationships between norms. Addressing norm collisions as a particular type of norm dynamics, we ask if and how advocacy coalitions and the constellations between them bring such norm collisions to the fore. Norm collisions surface in situations in which actors claim that two or more norms are incompatible with each other, promoting different, even opposing, behavioural choices. We examine the effect of advocacy coalition constellations (ACC) on the activation and varying evolution of norm collisions in three issue areas: international drug control, human trafficking, and child labour. These areas have a legally codified prohibitive regime in common. At the same time, they differ with regard to the specific ACC present. Exploiting this variation, we generate insights into how power asymmetries and other characteristics of ACC affect norm collisions across our three issue areas.
Der Einsatz in Afghanistan hat Deutschland insgesamt ca. 12 500 000 000 € gekostet und zivile und militärische Kräfte 20 Jahre lang gebunden. Er endete im August des Jahres 2021 mit einem übereilten Abzug aus Kabul und die ursprünglich gesetzten Ziele wurden im Wesentlichen nicht erreicht. Ziel der vorliegenden Arbeit ist es, den Einsatz in Afghanistan von 2001 bis 2021 aus Sicht der BRD politikwissenschaftlich und völkerrechtlich aufzuarbeiten. Dazu wird folgende, übergeordnete Forschungsfrage gestellt: Welche Lehren für die Außen- und Sicherheitspolitik der BRD lassen sich aus dem Einsatz in Afghanistan ziehen? Um die Forschungsfrage zu beantworten wurde ein qualitativ deduktiver Ansatz gewählt, der unter Zuhilfenahme von Fachliteratur sowie Expert:inneninterviews versucht, den Einsatzverlauf zu skizzieren und Lehren für künftige, vergleichbare Humanitäre Interventionen aufzuzeigen.
The present dissertation conducts empirical research on the relationship between urban life and its economic costs, especially for the environment. On the one hand, existing gaps in research on the influence of population density on air quality are closed and, on the other hand, innovative policy measures in the transport sector are examined that are intended to make metropolitan areas more sustainable. The focus is on air pollution, congestion and traffic accidents, which are important for general welfare issues and represent significant cost factors for urban life. They affect a significant proportion of the world's population. While 55% of the world's people already lived in cities in 2018, this share is expected to reach approximately 68% by 2050.
The four self-contained chapters of this thesis can be divided into two sections: Chapters 2 and 3 provide new causal insights into the complex interplay between urban structures and air pollution. Chapters 4 and 5 then examine policy measures to promote non-motorised transport and their influence on air quality as well as congestion and traffic accidents.
There are three different interpretations of Adam Smith's trade theory in modern literature: first, the neoclassical theory of absolute advantage; second, an interpretation based on increasing returns; third, an interpretation of uneven development. These interpretations come to widely different conclusions, especially considering the development of the pattern of trade in Smith's theory. I discuss how these three interpretations emerged. They do not stem from a more detailed analysis of Smith's works itself but reflect changes within international trade theory. They all result from the fact that economists have imposed nineteenth- and twentieth-century modes of thoughts on Smith's theory, forcing his writings into later-developed theoretical frameworks. In contrast to classical economists in the nineteenth century, these subsequent interpretations misrepresent Smith's trade theory in order to portray him as a forerunner of later theories. The differing interpretations can thus be explained only against the backdrop of the development of international trade theory.
In this volume, Egeberg and Trondal put forward an ‘organizational approach to public governance’ (p. 1) that, in their view, complements existing explanations for organizational change and behaviour in governance processes (‘Understanding’) and produces relevant advice for practitioners, specifically anyone involved in reorganizing public administration (‘Design’). Following the authors’ introduction of the theoretical reasoning behind their approach (chapter 1), they present supporting findings that are based on new material (chapters 2 and 9), but mainly draw on six previously published research articles (chapters 3–8). Egeberg and Trondal conclude with possible ‘design implications’ of said findings (chapter 9). Their ‘organizational approach’ focuses on the impact of selected organizational characteristics on decision‐making in and on behalf of government organizations in policy‐making generally (‘public governance’) and administrative politics more specifically (‘meta‐governance’). The authors concentrate on three sets of ‘classical’ organizational characteristics: structure (mainly vertical and horizontal specialization), demography (personnel composition), and locus (geographical location). The conceptual part of the volume convincingly summarizes ‘formal organization matters’—arguments from the literature for each of the individual organizational factors. Their main, already well‐established argument is that the way an organization is formally set up makes some (reform) decisions more likely than others—a line of reasoning that the authors present as neglected in governance literature.
In the following five empirical chapters, the authors show that aspects of horizontal and vertical specialization—mainly operationalized by Gulicks’ principles of horizontal specialization and the idea of primary versus secondary affiliation of staff—affect organizational behaviour. Readers learn that whether government levels are organized according to a territorial or non‐territorial principle impacts the power relationship between levels: non‐territorial organization at the supranational level tends to empower the centre against lower levels of government. There are two chapters on the decision‐making behaviour of commissioners and officials in the European Commission, both showing that organizational affiliation trumps demographic background factors such as nationality, even with temporary staff.
Chapter 5 addresses coordination dynamics in the European multi‐level system and finds that coordination at the territorially organized national level thwarts non‐territorially organized coordination at the supranational level, resulting in the phenomenon of ‘direct’ national administration bypassing their national executives. Further, the authors show that vertical specialization—while controlling for other factors such as issue salience—has an effect on officials’ behaviour at the national level: agency officials in Norway report significantly less sensitivity towards political signals from the political executive than their colleagues in ministries. Chapter 7 discusses the relevance of geographical location for the relationship between subordinated organizations and their political executive. The authors find that the site of Norwegian agencies does not significantly affect their autonomy, influence, or inter‐institutional coordination with the superior ministry.
The last empirical chapter focuses on the effect of formal organization on meta‐governance, that is, administrative politics. Based on a qualitative case study of a reorganization process in Norway in 2003 involving the synchronized relocation of several agencies after many failed attempts, the authors conclude that administrative reforms can be politically steered and controlled through the organization of the reform process. They argue that amongst other factors the strategic exclusion of opposing actors from the reform process as well as the deliberate increase in situations demanding quick decisions (‘action rationality’, p. 119) by political leaders helps explain the reform's unexpected success. The last chapter is dedicated to the synthesis of the results and to design implications. Supported by new data from a 2016 survey among Norwegian public officials, the authors conclude that organizational position is the most important influencer of decision‐making behaviour, with educational background and previous job experience also playing a large role (p. 135). Consequently, their suggestions for practitioners involved in meta‐governance processes concentrate on aspects of the deliberate crafting of organizational specialization to shape organizational positions, and spend less time discussing location and employee demographics. The authors illustrate and contextualize their recommendations with the help of three empirical examples: organizing good governance by balancing political control and independence in the case of agencification, organizing for coping with boundary‐spanning challenges such as climate change through inter‐organizational structural arrangements, and designing permanent organizational structures for innovative reforms in the public sector (pp. 137 ff.).
This volume is an excellent compilation of theoretically informed applications of the all too often undefined ‘organization matters’ argument. It juxtaposes—particularly in the theory chapter and in the last chapter on design implications—organizational arguments against other explanations of organizational change like historical institutionalism or the garbage can model of decision‐making. However, two major aspects of the book's approach are less convincing. First, supplementary explanations such as the garbage can model that are discussed in the reflections on meta‐governance are neither argumentatively nor empirically applied to public governance; why should, for example, the ‘solutions in search of a problem’ idea only be applicable to decisions on reform policy, but not to decisions in all other policy areas? Similarly, it would have been nice to read more on the authors’ idea on the interaction between organizational factors and between them and other explanations in the empirical cases on public governance—this would have allowed the reader to get a better idea about how much formal organization matters. The view on bureaucrats’ demographic background is slightly confusing: it is presented as a competing approach (p. 7), but also as one of the main organizational factors (p. 12).
Second, as the authors themselves state, the concept of governance is about ‘steering through collective action’ (p. 3) and focuses on interactive processes, and explicitly includes non‐governmental actors in the policy‐making equation. Against this background it seems unfortunate that most of the work presented in the book takes an exclusively governmental perspective and the justification for it remains rather superficial. It would be preferable and even necessary to see the organizational arguments—at least theoretically or through discussing appropriate literature—applied to interactive governance processes involving other actors and/or to non‐bureaucratic organizations.
Regarding its methodology, the specifics of the proposed approach deserve to be addressed more systematically and critically in the book. Except for chapters 2, 3 and 5 (literature‐based studies) as well as chapter 8 (single case study), the empirical studies follow a quantitative logic and are informed by data on self‐reported behaviour through large‐N panel surveys with public officials. In terms of analysis, descriptive statistics or basic inferential statistics (linear regression) are employed. Certainly, the authors are aware of the limitations of their data sources, such as the results being possibly affected by social desirability, and they discuss and justify them in the chapters individually (e.g., on pp. 47, 89). Still, their approach could be strengthened with a more cautious account on the extent to which their choice of data and methods is able to uncover the ‘causal impact of organizational factors in public governance processes’ (p. 131, emphasis added) and with some suggestions for widening their methodological toolbox in the future. On this note, the survey method presented as new on p. 135 is not a particularly convincing choice. The authors do not lay out a research agenda; a surprising omission. This is, however, somewhat made up for by the concluding chapter's stimulating discussion of the possible real‐world implications of their findings and perspective, skilfully using organization theory as a ‘craft’ (p. 29).
Analogy-based collective decision-making and incremental change in international organizations
(2021)
We examine how analogy-based collective decision-making of member states contributes to the endogenous emergence of informal rules and the incremental change of international organizations (IOs). Decision-making by analogy is an important characteristic of day-to-day decision-making in IOs. Relating current decisions to previous ones through analogies drives incremental change and simultaneously reinforces organizational resilience. Whereas the foreign policy analysis literature shows that analogies can be used as cognitive shortcuts in fuzzy and complex foreign policy situations, we focus on their use to overcome social ambiguity (indeterminacy) of coordination situations in IOs. Drawing on psychological conceptions, we develop two micro-level mechanisms that elucidate the effects of analogy-based collective decision-making in member-driven IOs. Analogy-based collective decisions emphasizing similarity between a current situation and previous ones follow an established problem schema and produce expansive and increasingly well-established informal rules. Collective decisions that are analogy-based but emphasize a crucial difference follow different problem schemas and trigger the emergence of additional informal rules that apply to new classes of cases. The result is an increasingly fine-grained web of distinct organizational solutions for a growing number of problems. Accordingly, an IO can increasingly facilitate collective decision-making and gains resilience. Empirically, we probe these propositions with a documentary analysis of decision-making in the Yugoslavia sanctions committee, established by the United Nations Security Council to deal with a stream of requests for exempting certain goods or services from the comprehensive economic embargo imposed on Yugoslavia in response to the War in the Balkans.