Constructing regionalism in South America: the cases of sectoral cooperation on transport infrastructure and energy

First online: 29 January 2018This article contributes to the study of South American regionalism focusing on the emergence of sectoral cooperation starting in 2000. To do so, the article analyses two policy areas transport infrastructure and energy integration-addressing two questions: Why has regional cooperation emerged despite the absence of economic interdependence and market driven demand for economic integration? And why are policy outcomes evident in some areas (i.e. transport infrastructure) while limited in others (i.e. energy)? It is argued that the emergence of regional cooperation as well as the variation in policy outcomes between areas can be explained largely by the articulation of a regional leadership and its effect on the convergence of state preferences. The article shows how the Brazilian leadership, incentivised by the effects of the US-led Free Trade Area of the Americas negotiations and the financial crises that hit the region in the late 1990s, made state preferences converge towards a regionalist project encompassing all South American countries by making visible the mutual benefits of cooperation on transport infrastructure and energy. In the case of energy, however, the emergence of a second regional leadership project - pursued by Chavez's Venezuela- and deep preference divergence led sectoral cooperation into a gridlock

Sovereignty at Sea: The law and politics of saving lives in mare liberum

This article analyses the interplay between politics and law in the recent attempts to strengthen the humanitarian commitment to saving lives in mare liberum. Despite a long-standing obligation to aid people in distress at sea, this so-called search and rescue regime has been marred by conflicts and political standoffs as states were faced with a growing number of capsising boat migrants potentially claiming international protection once on dry land. Attempts to provide a legal solution to these problems have resulted in a re-spatialisation of the high seas, extending the states’ obligations in the international public domain based on geography rather than traditional functionalist principles that operated in the open seas. However, inadvertently, this further legalisation has equally enabled states to instrumentalise law to barter off and deconstruct responsibility by reference to traditional norms of sovereignty and maritime law. In other words, states may be able to reclaim sovereign power by becoming increasingly norm-savvy and successfully navigating the legal playing field provided by the very expansion of international law itself. Thus, rather than being simply a space of non-sovereignty per se, mare liberum becomes the venue for a complex game of sovereignty, law and politics