European Union Studies Working Group

IV^th Session – January 17, 2012, 13h - 15h, Emeroteca, Badia Fiesolana

Crafting the Nuclear Regime Complex (1950-1975):
Dynamics of Harmonization of Non-proliferation Treaties

by Gregoire Mallard (Jean Monnet Fellow, SPS)

Abstract: This article compares how existing theories of regime complexity apply to the field of nuclear non-proliferation, where a global regime coexists alongside prior treaty regimes, in particular, the transatlantic regime crafted by the United States and the Western European states from 1950 to 1975. It proposes a new theory of regime complexity which focuses on the interpretive complexity of treaty rules. Recent theories of regime complexity, i.e. the accumulation of contradictory rules established by overlapping treaty regimes, insists on inter-state factors (power, interest, information, policy diagnosis) to explain the dynamics of regime fragmentation, harmonization or integration. Other theorists inspired by Pierre Bourdieu also insist on domestic factors (inter-generational change within domestic fields of power, rules of distinction) to explain why the states which sit at the intersection of contradictory treaty regimes move in favor of one set of rules or the other. Both kinds of theory offer complementary explanations of dynamics of regime complexity. Both also de-emphasize what I call 'interpretive complexity': they assume that the rules of each regime are interpreted similarly and clearly by every state party. This paper challenges this assumption by showing that the interpretation of identical treaty rules is complex, multi-layered and different for various parties to the same regime, as private and public interpretations of treaty rules sometimes differ. This interpretive complexity complicates the dynamics of harmonization of treaty rules, as shown here. This paper is based on original archival fieldwork conducted in the private papers of Jean Monnet and his American and European collaborators.

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Union Citizenship and the Area of Freedom, Security and Justice

by Stephen Coutts (Researcher, LAW)

Abstract: Originally created out of loose inter-governmental arrangements to coordinate justice and security policies, the Area of Freedom, Security and Justice (AFSJ) has evolved considerably and now encompasses a variety of policies ranging from immigration, borders, judicial cooperation and internal security. On a more abstract level the AFSJ represents a new site of supranational authority in justice and security matters and a community of values. Citizenship, having its roots in the free movement of persons and the internal market, is gradually becoming emancipated from its market origins and in recent policy documents it has been closely linked to the development of the AFSJ. This raises two key questions: firstly the extent to which the AFSJ can act as a site for the development of citizenship and secondly how the legal structure and substance of the AFSJ can effect on our understanding of citizenship.

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