NAFTA’s Chapter 11
When the North American Free Trade Agreement (NAFTA) was negotiated between Canada, the United States, and Mexico, Chapter 11 of the treaty was included to protect investors from state appropriation or ‘taking’ and, in theory, requires that the same treatment be given to foreign companies as domestic companies. In American law, the Fifth Amendment to the Bill of Rights prevents the government from seizing private assets without due compensation. A ‘taking’, also referred to as eminent domain in Californian law, is a legal principle that governs how and why the federal, state, or local government can ‘take’ private property.
New Constitutionalism: Theorizing European Integration
In “Theorizing European Integration: The Case for a Transnational Critical Approach,” Apeldoorn, Overbeek, and Ryner argue that orthodox approaches to European regional integration, such as realism, liberalism, constructivism, and traditional Marxism, overlook the diffused power of elite consensus. They believe Neo-Gramscian approaches can reveal the agency of elite interests, and their formation of a neo-liberal hegemonic bloc supporting integration schemes. Stephen Gill has applied this perspective to explain regional integration schemes with the theoretical framework of New Constitutionalism. Yet other Neo-Gramscians contend that New Constitutionalism is pessimistically determinist, focusing solely on the agency of a liberal elite while overlooking the agency displayed by progressive social forces in formulating regional integration policy.
Emancipation: Philosophical Conundrum or Objective Reality?
This essay will investigate a discourse which may shed some light on a way of assessing whether or not a Critical approach to society leaves us with an objective purpose. This will be achieved by using a direct comparison of literature within Critical Theory and the Allegory of The Cave as set out by Plato within his work The Republic.
“The Suppression of Nationhood”: Euroscepticism in the United Kingdom
To date, the United Kingdom has remained a fundamental part of the European Union. There are no significant signs that this will change in the near future, yet with so much Eurosceptic sentiment amongst its politics and people, British EU withdrawal is not an action that is at all a fantasy.
Factors of Persistent Poverty in Sierra Leone
Release from colonial rule has not benefited Sierra Leone. Ironically, it is the government’s responsibility to provide its citizens with good living conditions; in Sierra Leone, it is this same government that plays a key factor in pushing them into deeper poverty.
Can nationalism be understood as a cause of ethnic conflict?
What is it that makes divisions along ethnic lines salient to forms of opposition that can degenerate into levels of violence as extreme as genocide? What made the peaceful multi-ethnic neighborhoods of Sarajevo turn into battlefields? The short answer is the politicization of ethnicity and ethnic diversity.
Practice Theory: How The Consumer’s Limited Agency Hampers Climate Action
The limited agency of consumers hampers green choices. A force upon the practice instead of the consumer can strengthen climate action.
Humanitarian Intervention and Ontological Security
A state engages in humanitarian actions not just to show the world that it is compassionate and civil, but rather that it accepts its moral obligation to do so. During times of crises, a state puts its ontological security aside and acts on the needs of the disaster area. This is prevalent in the state’s speech, where it decrees that all of its measures will be acted upon quickly and for the benefit of it citizens. The humanitarian act is not a result of a past shameful action, but rather a pure and compassionate act in which the state undertakes morally
Pleading for national regulation in the aftermath of the Subprime-Crisis
In the aftermath of the banking crisis, many commentators are calling for new global regulation regimes. This essay argues that prudent banking supervision on the national level can be considered more effective than global alternatives, and is able to prevent national banks from establishing risky business practices. International regulation efforts, by contrast, have proved damaging.
Elites vs. Institutions in Peacemaking
In the contemporary world, the role of elites is crucially important in every political system and every phase of state development, and forms the deciding factor in settling ethnic conflicts and post-conflict reconstruction. This paper will be based on two recent conflicts, Northern Ireland and Bosnia and Herzegovina, culminating in the Good Friday Agreement and Dayton Accords, respectively.
