Oct 23, 2013 | Africa, Human rights, International Justice, Passage au crible (English)
By Yves Poirmeur
Translation: Lawrence Myers
Passage au crible n°94
Pixabay
The trial of Kenyan vice president, William Ruto, began in front of the ICC (International Criminal Court) on September 10, 2013. The same will be true for the Kenyan president, Uhuru Kenyatta, on November 12. Both cases seek to judge the alleged responsibility of the accused in the post-presidential election violence of 2007. Convened October 11-12, 2013, in Addis Ababa, the AU (African Union) requested that the UN Security Council adjourn the Kenyan affair for one year (ICC Statue, article 16). Rather than putting their threat into action to adopt a resolution calling the 34 African States to withdraw, the Union preferred to take diplomatic steps to amend the Rome Statute whose 27th article provides that no official capacity – notably one pertaining to a head of State – or immunity can be opposed to the ICC.
> Historical background
> Theoretical framework
> Analysis
> References
Historical background
By the authorization of Trial Chamber II, accorded on March 31, 2010, the prosecutor of the ICC opened an investigation of the politic0-ethnic violence, which resulted in the death of 1200 victims and the displacement of 300,000 persons in the Rift Valley. Six Kenyan figures accused of having committed crimes against humanity were summoned. Among them were three members of the union and reconciliation government: U. Kennyatta, Vice Prime Minister and Finance Minister, W. Ruto, Minister of Higher Education and H. Kiprono Kosgey, Minister of Industrialization. Elected president and vice president of the Republic in 2013, U. Kennyata and W. Ruto justify their democratic legitimacy and the sovereignty of the people in order to ask for modifications of the proceedings. They demand that their trial be postponed, or even closed definitively. The Court having rejected the majority of these demands, Kenya has brandished verbal threats to withdraw from the Rome Statute and has obtained the right to hold a summit of the AU on the “relationship between Africa and the ICC” in order to officially procure its support.
The originality of this case fits into a recurring theme of conflict between the AU and the ICC. This conflict is about the state’s obligation to cooperate with the Court when seized by the Security Council – or as in the present case by its prosecutor – due to the inaction of state-run justice (Statute, article 13). Moreover, the exacerbation of the resistance generated by the fight against impunity renders this case a symbolic one. In order to protect the accused from justice, their supporters toughen the critiques designed to discredit the ICC. It is this very behavior that the sitting president of the AU, Hailé Mariam Dessalegn, did not hesitate to bring into question as she rebuked the international court of leading a “racially-motivated pursuit of Africans” which the AU presented as a threat “to the current efforts aiming to promote peace, national reconciliation as well as the Rule of Law and stability not only in Kenya, but also in the entire sub-region”. More insidiously, these detractors are using their potential retreat from the Rome Statue as an instrument to put political pressure on the procedures of subsequent trials concerning diplomatic maneuvers. This strategy is challenged by numerous humanitarian NGOs – to which the emergence of the ICC owes much – as well as by African personalities. Said personalities underline the inexactitude of the accusations uttered against the Court, by specifying that it was under the influence of African states in five of eight affairs that it treated on the continent: the Central African Republic, the Democratic Republic of the Congo, Côte d’Ivoire, Uganda and Mali. They are otherwise contesting the Court’s imperialist and racist character by recalling, as Amnesty International has done, that “its prosecutor, Fatou Bensouda, is from the Gambia and that four of its eighteen judges come from African countries”. Furthermore, they are alerting the public opinion in Africa of the dangers of leaving the ICC – just as Desmond Tutu the South African winner of the Nobel Peace Prize did. Indeed, such a decision would allow certain leaders to continue their criminal activities with complete impunity, which would make Africa a “more dangerous place”.
Theoretical framework
1. The return of the Raison d’Etat. The fundamental principals defended by the ICC mark a crumbling of the National Interest which must henceforth give way to the demands of justice. However, the arguments to support the request for deferral of judicial proceedings, on the contrary, show its resurgence. Thus, they enforce the necessity to fill the constitutional responsibilities, to ensure the functioning of the state and to direct national and regional affairs. Finally, in reference to the recent terrorist attack in Nairobi, “necessary time to improve the efforts begun in the fight against terror and other forms of insecurity in the region” should be taken. Ultimately, demanding a revision of the Rome Statute (article 27), in order to restore the classical system of immunity behind which an unpunished criminality continues to prosper, remains the most symbolic indicator of the return of National Interest.
2. African States’ interest in a transnationalization of criminal justice. The AU’s aggressive decisions against the ICC cannot hide the real interest that the African states have in it. Not only are many of them members of the AU, but they are also often at the origin of the claims of jurisdiction. What is more, they offer important symbolic profits. Thus, can they present themselves as democracies that respect a universal moral, combatting impunity? Equally, do they draw considerable concrete advantages related to the intervention of international jurisdiction in the resolution of conflicts, the restoration of peace and the exercise of power? In doing so, they are offered the opportunity 1) to outsource the most political justice, 2) to take victims’ rights into account so that justice can be served and 3) to facilitate a process of reconciliation thanks to the arrest of presumed criminals and to their delocalized judgment, all guaranties for a fair trial.
Analysis
In the face of different jurisdictions of the ICC, the AU adopts two different attitudes. Regarding the pursuits triggered by non-African jurisdictions, they are systemically rejected by the AU and in its wake by the majority of its member states who object to cooperation with the ICC. Thus, the warrants of arrest for war crimes and crimes against humanity (March 4, 2009), then for genocide (July 12, 2010) issued against the Sudanese President Omar al-Bashir, following the decision of the Security Council (Resolution 1593 (2005) remanding the situation to Darfur, were not carried out by the authorities of various countries to which he had paid an official visit – Ethiopia, Chad, Kenya, Malawi, Libya, Djibouti, Egypt, Zimbabwe – without being worried. In hopes of delivering him to justice, the AU has otherwise prohibited its members from cooperating with the ICC. To justify its refusal to arrest the Sudanese President, Chad has invoked the ICC’s decision and has explained that it was forced to give precedence to its obligations to the AU over those which resulted from an arrest warrant under the Security Council’s jurisdiction. As for Malawi, it has issued its own warrant by invoking an exiting conflict between the immunity that chiefs of State held on customary international law (CIJ, February 14, 2002, Arrest warrant from April 11, 2000 (Democratic Republic of Congo/Belgium)) and the request of the ICC (founded on article 98-1 of its statute) to arrest and turn over to the Court a head of state currently in office. The same hostility can otherwise be observed in the case of the arrest warrants delivered against M. Gadhafi, June 27, 2011, and certain members of his inner circle, for crimes against humanity (murders and persecutions that were allegedly committed in Libya), under the jurisdiction of the ICC by the Security Council on February 26, 2011. (Resolution 1970 (2011)). However, this did not lead to conflict, due to the death of the Libyan leader.
On the other hand, the situation is completely different for the claims of jurisdiction made on the initiative of authorities of the states concerned – RDC (Situation in the region of Ituri in 2004), Uganda (referral in 2003 on the situation concerning the Lord’s Resistance Army, in the North of the country), the Central African Republic (Crimes committed after 2002), Ivory Coast (post-election violence in 2010-2011), to whom the AU has not shown any particular hostility in any matter. In a well-understood logic of interest, the states involved are, on the contrary, cooperating with the Court throughout each stage of the proceedings. In the Kenyan case, where the accused were reconciled and hold power together, the absence of a clear winner and the alleged abuse by both camps makes cooperation with the ICC, which ultimately imposed its own jurisdiction, contentious. This explains the use of the old argument of National Interest destined to escape from justice. Nonetheless, it is unlikely that they be strong enough to guarantee the immunity of former times for those that would claim it.
References
Mouangue Kobila James, « L’Afrique et les juridictions internationales pénales », Cahier Thycide, (10), February 2012.
Laroche Josepha, (Éd.), Passage au crible, l’actualité internationale 2009-2010, Paris, L’Harmattan, 2010, pp.49-53.
Bussy Florence, Poirmeur Yves, La Justice politique en mutation, LGDJ, 2010.
Oct 22, 2013 | Articles, Fil d'Ariane, Publications (English)
Par Daniel Drache
Acting Director Robarts Centre for Canadian Studies and Professor of Political Science York University
Comments Welcome drache@yorku.ca
www.yorku.ca/drache for other reports and studies
Extrait
The best that can be said about the Sutherland 2004 and the Warwick 2007 Reports on the future of the WTO and the reform of the multilateral trading system is that both boards of enquiry launched modest trial balloons about modifying voting procedures to reinforce the logic of the system. With their ambiguity, blandness, and shortcomings, these high-level bodies did not address the imbalance between the formal legalism of the WTO’s rules and its rule-bending institutional practices. Nor did they propose an acceptable common ground for reform, one that would bridge the deep divisions between members and the G20/G33 coalitions. Most importantly, no candid answer was forthcoming to the question, would a culture of adaptive incrementalism give the WTO new authority to respond to the many challenges the world trading order faced? As such, neither Report was insightful on what Pauwelyn describes as “the delicate balance between law and politics” and the need for alternative forms of global governance and a more effective institutional architecture. A critical reading of both Reports helps shed light on the reasons why the WTO has been unable to move forward and renew itself.
Télécharger l’article The Structural Imbalances of the WTO Reconsidered. A Critical Reading of the Sutherland and Warwick Commissions.
Oct 21, 2013 | Research dissemination, Théorie En Marche
The author, a recognized migration specialist for many years, points out in this booklet a paradox: while the goods, capital and information travels freely, yet, individuals do not all have the right to the international mobility. That is to say, that this very issue discussed here concerns all countries, especially the European states. Indeed, some of them are now experiencing a rise of xenophobia and nationalism that often triumph in the polls. In front of this situation, Catherine Withol de Wenden declares the need to establish an international right of migrants as an urgency and “an essential aspect of human development”. For this political scientist, this would of course mean that we initially define a “soil less and de-territorialized citizenship” to protect them who were about 240 million in 2013 making only 3.1 % of the world population.
Catherine Wihtol de Wenden, Le Droit d’émigrer, Paris, CNRS Éditions, 2013, 58 p., bibliography.
Oct 15, 2013 | Nobel Peace Prize, Non-state diplomacy, Passage au crible (English), Security
By Josepha Laroche
Translation: Frédéric Ocrisse-Aka
Passage au crible n°93
Source : Wikipedia
While for several weeks, all international media were expecting the young Pakistani activist Malala Yousufzai to be the next recipient, it is finally the OPCW that received on Friday October 11th the 2013 Nobel Peace Prize. Though, contrary to reckless statements by numbers of commentators, there is no reason to be surprised by this reward and even less to denounce an alleged drift from its mission. Instead, prizing this organization with the Nobel emphasizes once more time the consistency of the Nobel diplomacy.
> Historical background
> Theoretical framework
> Analysis
> References
Historical background
The OPCW went effective on April 29th, 1997 to ensure compliance with the Convention on the Prohibition of Chemical Weapons, signed in 1993. Since then, its mission is to prevent the production and stockpiling of chemical weapons. It has also to verify the destruction of existing stockpiles for the states that have pledged to eliminate them, and it has to ensure that the destruction will be effectively irreversible.
Headquartered in The Hague, it now has 189 member states representing about 98 % of the world population. North Korea, Egypt, Angola and South Sudan have not signed the forbidding treaty, while Burma and Israel, on their own, signed but did not ratify. Syria, on its side, has joined the organization in September only. Since then, the country has submitted an inventory of its chemical arsenal to the international organization which has already started its mission on the Syrian territory. This is to say that the recent Nobel Peace prize currently plays a key role in the dismantling of the chemical weapons held by Syria and therefore in the ongoing conflict.
Despite often being at the heart of conflicts, the OPCW actions have remained very lightly covered. Yet, it has already intervened in many battlefields. So, since 1997, this multilateral body has conducted 286 inspection missions to 86 member states of the Convention, including 2,731 inspections related to the presence of chemical weapons. For instance, its inspectors have destroyed on several fields over 58,000 tons of chemical agents: whether in Iraq, Libya, Russia or the United States. For information, Albania and India have completely destroyed their declared chemical weapons stocks since they are part to the agreement.
For the first time in the history of multilateral disarmament, we are dealing with an institution that works well and managed to put in place highly innovative international disarmament mechanisms. Indeed, the inspectors check on site, and often at short notice, the reality of the commitment of the States, whereas during the Cold War, many treaties were signed in this area without ever being effective.
Theoretical framework
1 . The transfer of a worldwide reputation. Before intervening in the Syrian issue, especially after the 21 August 2013 chemical attack near Damascus, the OPCW was totally unknown to the general public. Yet it has been working for many years on key missions. By awarding the Peace Prize, the Nobel institution chooses to transfer the credit that it owns. It is transferring to the OPCW its worldwide notoriety that has been tied for more than a century to its international awarding system. In doing so, the Nobel Institution offers to the OPCW actions a media attention that this technical body was missing so far.
2 . The legitimacy of a diplomatic interference. Many believe that this award finally endorses Bashar al-Assad’s regime and the manipulation of the OPCW by Moscow. On our side, we will especially emphasize the Oslo Committee will, to come by high-jacking alongside the States to participate in their High Politics. In this case, he burst onto the world stage by interfering with the settlement of the Syrian conflict. By choosing to pay a tribute to collective security and multilateralism, not only it puts these concepts on the international agenda, but also it sets itself – through this symbolic power grab – as the mandatory point of contact for States, and conflict stakeholders. This way, the Nobel is able to counter this diplomatic intrusion with the entire legitimacy it has built for over a century.
Analysis
For sure, it is disappointing that the young Pakistani Malala Yousafzai was not rewarded. Indeed she symbolized women’s fight against the Taliban and the fight for the right of all to education. It is equally unfortunate that Dr. Denis Mukwege, who struggles to help women victims of rape in the DRC (Democratic Republic of Congo), was not awarded a Nobel. The Congolese gynecologist dubbed “the man who repairs the women” has for nearly 15 years treated 40,000 women victims of rape or sexual violence in eastern Congo. Already fit for a Nobel last year, he had just narrowly escaped an assassination attempt in October 2012. However, there is no reason to think that these two individuals will not win this award in the future, as their profile matches the requirements of Alfred Nobel will written on November 27, 1895,and they correspond to the Nobel doxa. Yet, the Nobel Peace Prize should not however be analyzed in terms of any given moral or meritocratic criteria. There is no mistake, it is politics and it has always been about politics. More specifically, a diplomatic line repeated and strengthened prize after prize. Besides, it is how Alfred Nobel himself was conceiving it. Therefore there is no doctrinal drift in opposition to several allegations by number of comments entirely wrong.
In fact, since the Nobel jury’s choice fell on President Obama, this is less of a reward for a completed work. This is not new, this orientation has always existed. But year after year there is a confirmation that this global distinction currently serves preferably a grand ambition: to rule the world by influencing a course, by always trying to influence the direction of global issues on the political agenda. By seizing a window of opportunity, the institution sensationally burst onto the world stage – if we are to believe the bunch of criticism that goes with it – to interfere with the main current issues with full legitimacy. Isn’t it a promoter of universal values that no one would deny? It intends to use its notoriety to promote its own priorities and values, where states have shown their powerlessness so far. However, this diplomacy as innovative as interventionist, based on an interference principle is not without risks for the Nobel Committee.
By investing in an ongoing process, the institution gives a mission-order to the winner; it gives him credit and mandate to effectively complete the project which is carries.
However, if it is an obligation of result and therefore a burden for the winner, it is even a more risky bet for the Committee as it involves betting on the long-term its credibility.
References
Laroche Josepha, Les Prix Nobel, sociologie d’une élite transnationale, Montréal, Liber, 2012.
Laroche Josepha, (Éd.), Passage au crible, l’actualité internationale 2009-2010, Paris, L’Harmattan, 2010, pp. 19-22 ; pp. 41-45.
Laroche Josepha, (Éd.), Passage au crible, l’actualité internationale 2011, Paris, L’Harmattan, 2012, pp. 47-52.
Oct 5, 2013 | Human rights, Passage au crible (English)
By Michaël Cousin
Translation: Lawrence Myers
Passage au crible n°92
Pixabay
On June 30, 2013, Vladimir Putin announced a law against “propaganda encouraging minors to accept non traditional sexual relationships”. This law aims to prevent LGBTI activists (Lesbian, Gay, Bi, Transgender and Intersex) from using public space for promoting their rights, and also forbids, “the diffusion of all information likely to arouse this type of interest in minors”. However, the effect of this new legislation is the endangering of liberty of expression and, de facto, liberty of the press. It otherwise not only sanctions Russian citizens, but also extends to foreigners present on Russian soil.
> Historical background
> Theoretical framework
> Analysis
> References
Historical background
On September 27, 2012, the United Nations Human Rights Council voted a resolution by majority, initiated by Russia, for the “Promotion of Human Rights and Fundamental Liberties for a Better Understanding of the Traditional Values of Humanity: Best Practices”. This text thus reveals the profound aversion that Moscow has developed against the LGBTI community and has led to the rejection in December 2008 of the “Declaration Relative to Human Rights, Sexual Orientation and Gender Identity.”
Still, during a vote on this new provision, the Council charged the Advisory Committee to pursue its study on the role of traditional values. The report’s conclusions were made public last March. In it, the UN proceedings very clearly warn against resorting to “traditional values,” notably when States seek to systematize or to discriminate against a part of their population. But, three months later, this warning was unable to prevent the Duma from voting a new legislative text obviously targeting homosexuals and bisexuals who are labeled “non traditional,” therefore neglecting Human Rights at the same time.
In this regard, multiple actors have intervened in order to exert pressure on Moscow by asking the IOC (International Olympic Committee) to respect and to make others respect its Charter, which contains several articles protecting sexual orientation and freedom of expression. Nonetheless, the Committee confirmed last September that it would not deprive Russia from organizing the upcoming Olympics – to be held February 7-23, 2014, in Sochi – and this despite the Russian government’s persistence to seek to apply its liberty-killing clauses before, during, and after the Games.
Moreover, Russia has also been chosen to organize the 2018 FIFA World Cup. Consequently, it will have to comply with the code set forth by article 3 of FIFA’s (International Federation of Association Football) code. Said article protects the sexual orientation of participants. In the case at hand, the association asked the Russian government to clarify its law. In parallel, other western initiatives are also taking shape aiming to block the Russian law. Take for example the Russian vodka boycott put into place by gay bars and nightclubs or the creation of a Facebook page campaigning for a Sochi Olympic Games boycott. In the face of these mobilizations, the Russian minister of sports, Vitali Moutko, was provoked to declare in August 2013 that, “The stronger that Russia becomes, the more she displeases certain individuals. We are simply a unique country”. Even so, this remark implicitly creates an amalgam of the country’s economic system and the organization of its civil society, notably as it pertains to each person’s sexual orientation. As it happens, the Putin-era homophobia is a prolongation of the attitude already crushing the country under Stalin whose regime defined homosexuality as an illness inherent to the bourgeoisie and to capitalism.
Theoretical framework
The ahistorical construction and mystification of traditional values. The rights, which were historically constructed as universal henceforth, include all human communities, no matter their culture. This very principal of standardization often finds itself often poorly perceived by populations. The aforementioned feel all the more threatened in their new social representations as new international norms are imposed on them. It is in light of this feeling of loss of a point of reference that social forces are established in order to reinvent and glorify the supposed traditional values. From there, these antiestablishment movements present themselves as spokespersons of traditional populations that have allegedly been, they say, stripped of their identity. In doing so, in order to legitimize their stance, they rely on a mythology of origins, a supposed panacea to economic, social, and cultural problems, brought about by the process of globalization.
The disparity of transnational mobilizations. Transnational protests emanate not only from numerous organizations, but also, sometimes from networked individuals. Yet, if this leverage by intervening individuals sometimes reinforces collective action, it more often leads to divergent discourses and frequently ends in tension or conflict. The transnational movement thus finds itself all the more weakened.
Analysis
While Russia definitively decriminalized homosexuality in 1993, homosexuals are today first and foremost considered to be Russian before being recognized as homosexual. In reality, since the globalization of the fight against homophobia has rapidly expanded and since the promotion of the “Declaration Relative to Human Rights, Sexual Orientation and Gender Identity,” Russia has chosen – as have many other countries – to maintain its current homophobic leanings. In so doing, the already unstable situation of homosexual persons has not ceased to deteriorate.
Beyond any doubt, these repressive policies put into effect by the established authority weigh on the values and preferences of citizens. For the Russian government, it is a question of finding a way to avoid any debate on economic and social problems by designating a scapegoat associated with demonized globalization. We shall in this case establish a parallel with certain African nations such as Uganda, a country where homosexual persons are allegedly “Caucasians” from whom one must protect oneself.
Finally, in light of these punitive provisions, we cannot help but be reminded that Stalin sent thousands of homosexuals to the gulag.
From now on, with this new law neither newspapers nor activist associations will be able to mention the existence of sexual minorities. However, the civil society is already proving to be considerably weakened by the autocratic power in place in such a way that the associations defending homosexual groups will have little weight in the face of the established order. This is especially true, as the links between these local and transnational entities remain fragile. No coordination has been set up between the boycotts and the pressure on the decisions of the IOC or FIFA. In the same way, the petitions and international “kiss-ins” are not integrated into a logic of global protest. It follows that the transnational movement is becoming fatigued, which explains why the IOC consequently decided to organize the winter Olympics in Sochi, as it had initially planned; the only missing piece is FIFA’s decision.
References
“ Droits des LGBT et droits humains en Russie : l’inter-LGBT interpelle le Président de la République Française et appelle à participer au rassemblement du 13 Septembre sur le Parvis des Droits de l’Homme”, Inter-LGBT, 04/09/2013, http://www.inter-lgbt.org/spip/php?article2013
Laroche Josepha, Politique Internationale, 2e éd., Paris, LGDJ., 2000.
Siméant Johanna, “ La transnationalisation de l’action collective”, in : Agrikoliansky Éric, Sommier Isabelle, Fillieule Oliver (Éds.), Penser les mouvements sociaux, Paris, La Découverte, 2010, pp.121-144.
Oct 1, 2013 | Research dissemination, Théorie En Marche
By combining the analysis of international relations with political philosophy, the author believes a political unification movement has been permeating the world stage. Yet, reasons of this historic turning point still have to be identified. Do closer ties between States explain it? What kind of institutional form does it take: justice, peace? In order to answer to these questions, F. Ramel has been working on the main currents of thought in order to stress their singularities. It allows the reader to take hold of current controversies, wisely.
Yet, whether the latter deals with the conflict between cosmopolitism and communitarianism, whether the perspective of a coming destruction of the environment is acknowledged or whether we give humanity a new status, the multi-secular tension between the universal and the particular always win.
Frédéric Ramel, L’Attraction mondiale, Paris, Presses de Sc. Po, 2013, 287 p., including 24 p. of references and index.
Sep 24, 2013 | Globalization, International commerce, Passage au crible (English)
By Alexandre Bohas
Translation: Frédéric Ocrisse-Aka
Passage au crible n°91
Pixabay
Transatlantic discussions to reach a free trade agreement were disrupted in spring 2013 by a new blocking in the cultural sector. Recently, a new showdown took place during the first talks on the proposed free trade agreement between Europe and America. Finally, at the insistence of countries like France, a limitation to the laissez-faire, laissez-passer, was adopted once again.
> Historical background
> Theoretical framework
> Analysis
> References
Historical background
In France, the demand for specific trade provisions originates from the opposition to the signing of the Blum-Byrnes agreements in 1946. These agreements between Paris and Washington were putting an end to the French support policies to the film industry in exchange of the American post-war reconstruction assistance. In the nineties, this disruptive transatlantic issue had several twists and turns during the Uruguay Round and the MAI (Multilateral Agreement on Investment). These tensions indicate two diverging approaches of the film industry: one perceiving it only as entertainment, and another for which it is a full dimension of the artistic field.
These oppositions led to the creation of a transnational coalition for cultural diversity, a coalition that gather both country like France or Canada or non-state actors such as representatives of the audiovisual sector. Its actions focused primarily on the recognition of a derogatory framework to that of the World Trade Organization, which allows state quota systems and funding in the audiovisual sector. Then it endeavored to set this principle in international law, with the signing of the Universal Declaration on Cultural Diversity in 2002 and the Convention on Protection and Promotion of the Diversity of Cultural Expressions in 2005.
Theoretical framework
A challenged globalization of culture. If globalization is now understood as an economic, social and political process, its impact on the habitus and behaviors are underestimated or ignored by a latent materialism. It is often underestimated because of differentiated receptions (Liebes, Katz), the primacy given to the national community (Smith) and the neglected power of economic and cultural narratives. Moreover, the strengthening of cultural interconnections, bred by structural changes in the global sphere, result in discontinuous manner in practices , common ideologies and, for some, the emergence of a fragile sense of belonging the same world (Robertson, Beck).
Sovereignty in the knowledge organization. Medieval jurists established it as the power in last resort, “the absolute power of a Republic” (Bodin); the sovereignty is a cornerstone of the theory of realism (Morgenthau) because it identifies the country as the basic unit of the international scene. It denies ties of transnational power that cross borders and unite societies unevenly (Emmanuel and Wallerstein), and it also legitimate state policies aiming at preserving a cultural autonomy which is today undermined by the globalization (Laroche, Bohas).
Analysis
The move for a cultural exception is based on a three parts claim: cultural, political and economic. Firstly, it aims to keep safe the identity of each people facing upheavals related to the shrinkage of the world. It seems imperative to preserve the values and norms of individuals. Meanwhile, many countries consider that the preservation of identity go with the keeping of place to create fine arts, literature, as well as films. However, in case of trade liberalization, the business would be even, more threatened by Hollywood capital supremacy. Then, on the political ground, as expressed in negotiations of the Uruguay Round (Gdansk, November 1993), the French president at that time, François Mitterrand : “What is at stake is the cultural identity of our nation, it is the right of every people to have its culture”.
Finally, the audiovisual sectors and its derivatives constitute vectors of material and ideological eco-systems economies. In other words, they have a civilization-like grasp over people by shaping lifestyles. Yet, is this sole exception enough to preserve the cohesion among illusory communities? Indeed, if it allows national industries to survive, it does not promote the progress of diversity. It is clear that an increasing number of national works have no public, while professionals struggle to finance them. On the contrary, the only contents being broadcast across Europe are from Hollywood majors whose imaginaries are still highly valued. Therefore, they are the only common denominator of the Old Continent. Should we not rather encourage more intra-European films exchange in theaters as on small screens?
More broadly and as highlighted by postmodern thinkers, the cultural aspect impregnates the consumer society by imagery and collective symbolic coming from American studios. Besides, information technology and communication, critical to the dissemination of knowledge, are dominated by Californian products and innovations that convey thought patterns and loaded concepts with a universal ambition. Given this environment, should we limit ourselves only to keeping independent film production and distribution capacities? While inadequate quota settings and border restrictions would condemn European economies to decline and marginalize, these fields are all fields where the EU initiatives, supporting large firms, research centers and local constituencies, remain relevant. We insist that cultural diversity cannot be conceived only in the audiovisual sphere. It also has to proceed from a political, social and economic framework in which emerging and developed countries would take part, thanks to their influence, in the definition of a global knowledge.
It ultimately appears that the cultural exception to free trade is a principle as essential as insufficient to keep a cultural diversity. Cultural products originate from various cultural sectors in which operators have little control.
References
Arrighi Emmanuel, L’Échange inégal, Paris, Maspéro, 1969.
Bauer Anne, « Libre-échange : l’exception culturelle sauvegardée », Les Échos, 15 juin 2013.
Beck Ulrich, Cosmopolitan Vision, Cambridge, Polity Press, 2006.
Laroche Josepha, Bohas Alexandre, Canal+ et les majors américaines. Une vision désenchantée du cinema-monde, 2e éd., Paris, L’Harmattan, 2008.
Morgenthau Hans, Politics Among Nations. The Struggle for Power and Peace, New York, McGraw- Hill, 1948.
Robertson Roland, Globalization: Social Theory and Global Culture, London, Sage, 1992.
Smith Anthony, Nations and Nationalism in a Global Era, Cambridge, Polity Press, 1995.
Wallerstein Immanuel, Comprendre le monde. Introduction à l’analyse des systèmes-monde, Paris, La Découverte, 2006.
Jul 22, 2013 | Articles, Fil d'Ariane, Publications (English)
Par Simon Uzenat
PhD Candidate, University Paris 1-Panthéon-Sorbonne & ClimSAT
2nd Conference Yale-UNITAR on Environmental Governance and Democracy Strengthening Institutions to Address Climate Changeand Advance a Green Economy, Yale University – New Haven, USA – 17-19 September 2010
Abstract
The stakes of the fight against global warming are closely linked to the increasing consideration given to territories and the local level, at strategic and operational as well as national and international levels. The demands of sustainable development in general, and the fight against climate change in particular, considerably reinforce this process of integration into the globalized economy. The emergence of local authorities on the international scene participates fully in the globalization process which implies an ever more intensive interaction between the local and the global. In this respect, the principal resource of these reticular actors resides in the implementation of a strategy of adaptation to the properties and constraints of globalization. In fact, this ambiguous non-state diplomacy takes a syncretic form which combines the range of actions specific to NGOs, firms and the state. Howewer, the adoption of statutes instituting a North/South balance, an agenda which is coherent with that of the UNO, bring first and foremost into play values which are coherent with their normative representation of the world but its effects remain rather modest and don’t seem likely to bring about, in the short and medium term, major restructuring in favour of the regions within the existing or future realizations of world governance.
Télécharger l’article The Political Capacitation of Local Authorities on the World Scene. International Climate Negotiations and Transformations to the Governance of Global Public Goods
Jul 8, 2013 | Globalization, International commerce, Passage au crible (English)
By Alexandre Bohas
Translation: Anton Stzepourginski
Passage au crible n°90
Pixabay
The Western automotive industry is going through an unprecedented crisis. However, the Volkswagen Group doesn’t seem to be affected judging its growing expansion and its outstanding financial results. This Group shows how powerful German industry really is, but it also benefits from Germany’s reputation. In globalized economies, nation-centered thinking patterns remain and have to be highlighted.
> Historical background
> Theoretical framework
> Analysis
> References
Historical background
Even though it was funded in 1936, the company really took off after World War 2 thanks to its famous “Beetle” model which was the only produced vehicle for a long time. In the 1970s, the company finally decided to diversify its products with the Volkswagen Golf, Polo and Passat. Today their reputation is well established within their respective segments.
In sixty years, Volkswagen worked its way up to the third position of the largest car manufacturers – behind Toyota and General Motors – with a turnover of €192.7 billions in 2012 and a net profit of 21.7 billions. It holds a portfolio of well-known brands such as Audi, Porsche, Bugatti and Bentley which increase its annual sales to 9 million cars, with 7.4 VWs1. Volkswagen has been operating in South America and in Asia, especially in China where it holds 21%2 of the domestic market share in this sector. The company is also established in America’s automakers private garden: the United States. Volkswagen’s patterns of production have been globalized with 100 manufacturing facilities in 27 countries. Today, its main goal is to sell 10 million cars in 2018 and to become the world leader in this sector.
Theoretical framework
1. The hysteresis of nation-centered representations. Pierre Bourdieu defined the hysteresis as “the persistence […] of ‘out of phase’ case dispositions, and inappropriate practical applications because the environment they actually encounter is too different from the one to which they are objectively adjusted”3. It refers to the continued existence of a matrix made of national knowledge through which feelings and assessments automatically go. Such knowledge is overwhelmed by transnational forces which undermine the classical approach of self-governing and particular Nations. Considering how frozen consciences are, companies rely on these obsolete approaches whereas they have adopted globalized models of development, production and distribution. Therefore, such “out of phase case dispositions” can lead to paradoxical situations that have to be analyzed.
2. The advent of “artistic capitalism”4. Following the lead of several postmodernist authors, many writers highlighted the integration of economic and artistic interests. Indeed, today, creative and narrative dimensions are part of services and others goods that are being consumed. This phenomenon is a supply for a demand looking for an “every day’s life aestheticization”5. Thus, such new dimension in today’s societies must be taken into account without a negative assessment.
Analysis
No matter how odd it is, productions processed and crafted at a global scale have national references and there are being highly promoted by multinationals through their marketing policies. For several years now, Volkswagen’s international signature has been referring directly to the prestige of German technology (die deutsche Qualität) with “Das Auto”, as a sign of German quality. Its marketing strategy is a great example of a development of sectoral references. It results from a conservative policy when it comes to designing and naming flagship models. In the meantime Volkswagen keeps distinguishing itself with pure and stylish lines, and an excellent reputation of reliability carefully preserved. As an example, there hasn’t been a lot of changes made to the lines of the legendary Golf model since the 1970s. Yet, this car integrated new technologies and it never forgets its meticulous attention to detail. As a result, the Golf model sits at the top of the range in the Volkswagen family.
At the end of the 18th century, British authorities decided to mark every goods imported from Germany with a label “Made in Germany”. They hoped that such label would encourage the population not to buy those goods and would reduce imports. They were wrong. There was no patriotic enthusiasm, and this benchmark became another reason to buy those goods. Parallel to that, the label “Made in France” is the greatest distinction for the luxury industry, the grande cuisine and the haute couture. In economic terms, such symbols mean money and profits as they play a great role in the mind of the consumer. Therefore, there are cultural competitive advantages.
Today, cultural, social and symbolic dimensions are essential to stand out from the competition in saturated markets. And, in their respective sectors, such national discourses receive worldwide recognition. Paradoxically, Volkswagen’s most famous cars have two criterions: expensive and “very German”. On the other hand, major western automakers – but also Seat and Skoda, recent acquisitions of Volkswagen – are heavily affected by the current financial crisis as they compete with a low-cost production competition coming from Emerging Countries. Indeed, they suffer from a lack of brand-identity because they can’t compete with the great Volkswagen’s marketing policies.
Finally, the persistence of nation-centered arguments, relics of time that are no more, helps explaining contemporary phenomena of anomie. Indeed, such phenomena create inappropriate behaviors for evolving economic and social realities which change lifestyles and production patterns. Therefore, they help understanding why some show reluctance for environmental solutions, why the European Commission fails to ensure that the EU interest prevails over member states interests, but also why there are identity-based tensions between communities “under the unstoppable pressure of a shrinking planet”.
Today, German goods are attractive for everyone thanks to their endurance and the development of representations and symbols resulting from deep schemes of perception, valuation and action inappropriate to the global sphere. Yet, they are proving to be fitted in a changing world.
References
Bourdieu Pierre, Le Sens pratique, Paris, Éditions de minuit, 1980, pp. 104-105.
DeJean Joan, The Essence of Style. How the French Invented High Fashion, Fine Food, Chic Cafés, Style, Sophistication and Glamour, New York, Free Press, 2006.
Duval Guillaume, Made in Germany. Le modèle allemand au-delà des mythes, Paris, Seuil, 2013.
Featherstone Mike, Consumer Culture and Postmodernism, Londres, Sage, 1991, p. 71.
Laroche Josepha, La Brutalisation du monde. Du retrait des États à la décivilisation, Montréal, Liber, 2012.
« Le Grand Bond en avant de Volkswagen et ses résultats vertigineux », Le Point.fr, 14 mars 2013.
Lipovestky Gilles, Serroy Jean, L’Esthétisation du monde. Vivre à l’âge du capitalisme artiste, Paris, Gallimard, 2013.
Normand Jean-Michel, « Les vaches sacrées se portent bien », Le Monde, 15 fév. 2013.
1Volkswagen A.G., Experience D[r]iversity, Rapport annuel 2012, available on the web site: www.volkswagenag.com, p. 105.
2Ibid., p. 125.
3Cf., Pierre Bourdieu, Le Sens pratique, Paris, Éditions de minuit, 1980, pp. 104-105.
4Cf., Gilles Lipovestky, Jean Serroy, L’Esthétisation du monde. Vivre à l’âge du capitalisme artiste, Paris, Gallimard, 2013, p. 37 sq.
5Mike Featherstone, Consumer Culture and Postmodernism, Londres, Sage, 1991, p. 71.
Jun 18, 2013 | Internet, Passage au crible (English), Security
By Adrien Cherqui
Translation: Anton Stzepourginski
Passage au crible n°89
Source: Wikimedia
The American program PRISM (Planning Tool for Resource Integration, Synchronization, and Management) which collects Internet users’ personal data has been making the news over the last few days everywhere in the world. Several major companies such as Google, Facebook, Microsoft, Yahoo, AOL or the telephone operator Verizon provide the US security agencies full access to their databases. In other words, US Intelligence gathers phone calls, emails, photos, videos and any other types of data.
> Historical background
> Theoretical framework
> Analysis
> References
Historical background
On the 12th of March 2013, the US Congress stated that General Keith Alexander – Chief of the Central Security Service, Director of the NSA (National Security Agency) and Commander of the United States Cyber Command – had been authorized to set up 13 teams of programmers and IT experts in order to protect American networks against foreign attacks. For the first time, the Obama Administration was publicly recognizing to plan and set about such a defense strategy. A few weeks later, Pentagon officials said they had discovered that Chinese hackers had entered the American systems and accessed 30 defense technologies, 40 military equipment programs – such as the Patriot missile –, the AEGIS naval antimissile command, fighter planes (F35, F/A-18) and the Black Hawk helicopter. Edward Snowden – former CIA analyst which has been living in exile in Hong-Kong since the 20th of May 2013 – told the media that the NSA had hacked several Chinese computers and Hong-Kong University’s IXP (Internet Exchange Point), a physical infrastructure that allows Internet service operators to exchange internet traffic between their respective networks. Edward Snowden also revealed the existence of PRISM since 2007 that allow collecting data from several sources, such as the Internet.
Theoretical framework
1. Configuration. According to Norbert Elias, a configuration refers to the individuals and their interdependent relationships. That notion overcomes the classic dichotomy commonly established between the individual and the society by the social sciences, and all its paradoxes. Therefore, this term refers to mutually dependent relations that are complex and dynamic.
2. Hegemony. Due to multiple arrangements with transnational companies, the United States demonstrate their digital hegemony. They have the power to impose their own rules and agreements to other actors in the global arena. They establish their supremacy over the Internet by protecting and reinforcing the monopoly and the continued dominance of major US groups in the fields of cloud services and new technologies.
Analysis
New means of communication and interaction have been exposed by the development of NTIC (New Information and Communication Technology) and the expansion of the Internet network. According to Marcel Mauss, technology – or the study of techniques – constitutes an important part of sociology. Therefore, in order to improve understanding of rapid and massive changes, technologies’ growth and impact have to be taken into consideration. Today, ideas, identities and practices are transnationalized through the existence of online meeting places, social networks (Facebook, Twitter) and Internet forums.
The notion of risk constitutes a policy challenge. Indeed, there are technique evolutions that can jeopardize social groups (Ulrich Bech). Based on this perspective, the United States legitimate their security policies in accordance with Max Weber’s concept of monopoly of the legitimate use of force. Today, individuals have the right to express themselves freely on the Internet, and this freedom has become a challenge for companies and States. Surveillance programs such as ECHELON – a global communication interception system ruled by Intelligence agencies of Canada, United States, Great Britain, Australia and New-Zealand – or PRISM are not new. Indeed, PRISM works in the same way as Bentham’s panopticon in the 18th century: it gathers personal data that pass through Internet providers’ networks. American intelligence agencies are at the core of this framework and they can gather a large number of confidential information. From times to times, private and public actors were already working together to check and collect data from Google or Yahoo members. PRISM represents a straight continuation of such partnership policy between private firms and public service. It creates mutual dependent relationships and fosters cooperation. This decompartmentalization between the private and public spheres also underlines the process of globalization and strengthens behavior traffic between heterogeneous actors. Such cooperation and interaction between national authorities and other actors not only created interdependency but also reshaped international order. That kind of partnership is not trivial because it takes part in strengthening American hegemony over the Internet. Indeed, private firms have been providing the United States with essential resources in order to establish their hegemony. Through a hegemonic coalition (Gramsci), the country now has a privileged access to the Silicon Valley and its database. That process allows national authorities to initiate a global policy of gathering personal data in a clandestine manner. Such predation has become possible because of the growing monopolistic use of dematerialized products provided by these American companies.
It reveals how weak individual and public freedoms are in a country which intends to know as much as possible on everyone. American Civil Liberties Union – one of the main associations fighting for civil liberties and against the collection of personal data – initiated legal action against PRISM. There were violent reactions which showed bonds of solidarity between organizations and individuals who where supposed to have no direct link. Therefore, a configuration of players is being set up. On the one hand, large private groups act hand in hand with the US government, and on the other hand individuals use services controlled by PRISM.
This increased surveillance of the Internet underlines a twofold phenomenon: reinforced espionage of politics units at the micro and macro levels. Whistleblower Edward Snowden said that computers and infrastructures were hacked in China (such as the IXP in Hong Kong). In the end, American supremacy over the Internet is based on the relationship between the United States and the private sector. Their hegemony reveals that national authorities established contacts with large transnational firms, and that essential resources have been granted to the United States. America now plays a major role in this field, and it is still developing.
References
Arquilla John, Ronfeldt David, « Cyberwar is Coming! », Comparative Strategy, 12 (2), 1993, p. 141-165.
Assange Julian, « L’avancée des technologies de l’information annonce la fin de la vie privée », Le Monde, 7 juin 2013, disponible à la page : http://www.lemonde.fr/idees/article/2013/06/07/le-fardeau-du-geek-blanc_3426437_3232.html
Mauss Marcel, Techniques, technologies et civilisation, Paris, PUF, 2012.
Mazzetti Mark, Sanger David E., « Security Leader Says U.S. Would Retaliate Against Cyberattacks», The New York Times, 12 mars 2013, disponible à la page: http://www.nytimes.com/2013/03/13/us/intelligence-official-warns-congress-that-cyberattacks-pose-threat-to-us.html?_r=2&
Rosenau James N., Sign J. P. (Ed.), Informations Technologies and Global Politics, The Changing Scope of Power and Governance, Albany, State University of New York Press, 2002.
Rosenau James N., Turbulence in World Politics: a Theory of Change and Continuity, Princeton, Princeton University Press, 1990.
Samaan Jean-Loup, « Mythes et réalités des cyberguerres », Politique étrangère, 4, 2008, p. 829-841.
