Sovereignty Reloaded? A Constructivist Perspective on European Research

This paper addresses three issues. Beginning with the sovereignty puzzle that emerges from multilevel governance analyses (in terms of the endurance of sovereignty within structures of overlapping authorities), it suggests supplementing the static view of multilevel governance with the dynamic perspective of Europeanization literature as an important step forward for the next generation of EU studies. In addition, it calls for a 'constructivist turn' in order to elaborate the dynamics identified by Europeanization approaches. It is argued that this provides the key to the sovereignty puzzle by analysing the link between interaction and identity. Finally, the constructivist perspective of the mutual constitution of structure and agency is advocated as a fruitful lane for the third wave of EU research as a way to overcome its struggles with unidirectional, causality notions of bottom-up and top-down relationships within multilevel governance structures.sovereignty; multilevel governance; Europeanization

Mobilising Uncertainty and the Making of Responsible Sovereigns

The past few decades have witnessed a fundamental change in the perception of threats to the security of states and individuals. Issues of security are no longer primarily framed in terms of threats posed by an identifiable, conventional enemy. Instead, post-Cold War security policies have emphasised the global and radically uncertain nature of threats such as environmental degradation, terrorism and financial risks. What are the implications of this transformation for one of the constitutive principles of international society: state sovereignty? Existing literature has provided two possible answers to this question. The first focuses on the alleged need for states to seek international cooperation and to relax claims of national sovereignty. In Ulrich Beck's terminology, this would amount to a transformation of sovereign states into cosmopolitan states. The second takes the opposite position: in response to uncertain threats states rely on their sovereign prerogatives to take exceptional measures and set aside provisions of positive law. In Beck's terminology, this would amount to the creation of a surveillance state. None of these two answers, however, does justice to the complex relation between sovereignty, power and (international) law. As this article will show, the invocation of radical uncertainty has led to a transformation in sovereignty that cannot be captured in terms of the cosmopolitan/surveillance dichotomy. What is at stake is a more fundamental transformation of the way in which sovereignty is used to counter threats. Based on a study of the UN Counterterrorism Committee, this article demonstrates how state sovereignty is used as a governmental technology that aims to create proactive, responsible subjects. © 2011 British International Studies Association

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