Table Of ContentAfter Globalisation
New Patterns of Confict and their
Sociological and Legal Re-constructions
Christian Joerges (ed.)
in co-operation with Tommi Ralli
ARENA Report No 4/11
RECON Report No 15
After Globalisation
New Patterns of Conflict and their Sociological and
Legal Re-constructions
Christian Joerges (ed.)
in co-operation with Tommi Ralli
Copyright ARENA and authors
ISBN (print) 978-82-93137-32-0
ISBN (online) 978-82-93137-82-5
ARENA Report Series (print) | ISSN 0807-3139
ARENA Report Series (online) | ISSN 1504-8152
RECON Report Series (print) | ISSN 1504-7253
RECON Report Series (online) | ISSN 1504-7261
Printed at ARENA
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University of Oslo
P.O. Box 1143, Blindern
N-0318 Oslo, Norway
Tel: + 47 22 85 87 00
Fax: + 47 22 85 87 10
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I anledning de grusomme ugjerningene som
ble utført på Utøya og i Oslo den 22. juli 2011
ønsker alle som har deltatt i arbeidet med
denne boken å uttrykke sin dypeste medfølelse
og solidaritet.
In view of the enormity of the atrocities which occurred on the island of Utøya and
in Oslo on 22 July 2011, all those involved in this volume would like to express their
condolences and solidarity.
Preface
Reconstituting Democracy in Europe (RECON) is an Integrated
Project supported by the European Commission’s Sixth
Framework Programme for Research, Priority 7 ‘Citizens and
Governance in a Knowledge-based Society’. The five-year
project has 21 partners in 13 European countries and New
Zealand, and is coordinated by ARENA – Centre for European
Studies at the University of Oslo.
RECON takes heed of the challenges to democracy in Europe.
It seeks to clarify whether democracy is possible under
conditions of pluralism, diversity and complex multilevel
governance. See more on the project at www.reconproject.eu.
The present report is part of RECON’s Work Package 9 ‘Global
Transnationalisation and Democratisation Compared’, which
examines the conditions and prospects of democratisation in
European transnational legal and political arrangements, and in
postnational constellations more generally. The report contains
the proceedings of the workshop ‘After Globalisation – New
Patterns of Conflict’, which was a joint workshop by RECON
and the Collaborative Research Centre 597 on ‘Transforma-
tions of the State’ at the University of Bremen. The workshop
was organised in Loccum by the Centre of European Law and
Politics (ZERP) on 5-7 September 2010.
Erik O. Eriksen
RECON Scientific Coordinator
Acknowledgements
The present report will be the last one to be published in the
RECON series by our project. Hence, it seems only fitting to
look back briefly at the work of nearly five years before I turn to
say a word about the future.
When RECON started on 1 January 2007, I was still Professor
at the European University Institute in Florence. It was,
therefore, possible to engage Ph.D researchers – Poul F Kjaer,
Claire Methven O’Brien and Maria Weimer – from the EUI, all of
whom were working on issues which were closely related to the
agenda of the RECON work package on the prospects of
democratic European and transnational governance. This
engagement was complemented by the support both of my
former colleague Neil Walker and of Jürgen Neyer with whom I
had already co-operated intensively in Bremen in a project on
Comitology and throughout the Citizenship and Democratic
1
Legitimacy in the European Union (CIDEL) Project.
In 2003, the Collaborative Research Centre “Transformations of
the State” at the University of Bremen had already taken up its
work, which was – and still is – generously funded by the
2
German Science Foundation. From that beginning onwards,
Josef Falke and I have co-directed in this context the project on
“Trade liberalisation and social regulation in transnational
structures”, research which is closely related to the agenda of
the RECON work package. Intense co-operation suggested
itself and was accomplished – to the mutual benefit of both
partners. Our very first workshop on “Re-framing Transnational
Governance” at the EUI in March 2007 was already organised
jointly by RECON and the “Transformations of the State”
Project, as were the follow-up events, in particular, the
workshop on “Transnational Standards of Social Protection:
1
See http://www.sv.uio.no/arena/english/research/projects/cidel/
2
See http://www.sfb597.uni-
bremen.de/pages/ueberPresseStimmen.php?SPRACHE=en.
Contrasting European and International Governance”, the
conference on “The Social Embeddedness of Transnational
Markets” both held in Bremen at the “Haus der Wissenschaft”
on 23-24 November 2007 and on 5-7 February 2009, and this
also holds true for the reports and books which these events
3
have have generated.
Not too long ago, the study of European integration was
essentially in the hands of legal academia, and international law
scholars were, for the most part, conceptualising their analyses
of the role of law in the international system autonomously.
However, this situation has changed dramatically. Political
science is clearly dominating European studies and many
lawyers who strive for academic survival feel the need to
develop an inter-disciplinary profile. This is true not only in the
RECON context, but also in the Bremen “Transformations of the
State” Project, and increasingly in other spheres. Inter- and
pluri-disciplinarity is by no means a bad thing in itself. However,
it is not so easy for lawyers to make their concerns for what
they seek to defend as the proprium of law understood in the
neighbouring disciplines which they once used to perceive as
“Nebenfächer” and “Hilfswissenschaften” – disciplines of minor
significance. Within our work package, we have continuously
sought a response to this challenge, which has gradually
developed into an approach which we – by now – have coined
“conflicts-law constitutionalism”. Rainer Nickel has become a
4
strong ally in this endeavour, and the present report represents
another step towards its further elaboration. Another legacy of
legal scholarship, which political scientists tend to under-
estimate, is its very direct and concrete embeddedness into
3
Christian Joerges and Poul F. Kjaer (eds), Transnational Standards of Social
Protection: Contrasting European and Transnational Governance, RECON Report
No. 4 (2008), Oslo: ARENA; Christian Joerges and Josef Falke (eds), Karl Polanyi,
Globalisation and the Potential of Law in Transnational Markets, (Oxford-Portland
OR, Hart Publishing, 2011).
4
See the RECON Report No. 7 (2009) on Conflict of Laws and Laws of Conflict in
Europe and Beyond: Patterns of Supranational and Transnational Juridification,
edited by Rainer Nickel and recently transformed into a book publication with
Intersentia, in Antwerp-Cambridge-Portland OR (Ius Commune Series 88), 2011.
seemingly mundane economic affairs. WP 9 can point to an
5
effort to address this deficit.
The workshop in the Evangelische Akademie Loccum (the
6
Protestant Academy of Loccum) required considerable
preparatory efforts, which were shouldered by Olga Batura,
Henning Deters and Tommi Ralli. The Academy was a
wonderful host. Anybody in search for something like an ideal
speech situation should consider this academic setting
seriously – and will also find excellent food and a cosy
environment there, too. We once again have to thank Chris
Engert for his work on our use of his language and also for his
assistance in both the editorial process and the technical
preparation of this volume.
This is the last report which we can publish before the RECON
project comes to an end in December 2011. But the
proceedings which we are publishing herein will be followed by
a second Loccum workshop which is presently being prepared
– and should eventually lead to a book presentation on the
conflicts-law approach.
All of us regret the end of RECON. We have profited
enormously from this stimulating academic environment and
from the professional practical support by the wonderful
RECON/ARENA team in Oslo.
Christian Joerges
Bremen, July 2011
5
Christian Joerges and Tommi Ralli (eds), European Constitutionalism without
Private Law - Private Law without Democracy, RECON Report No. 14, Oslo 2011.
6
See http://www.loccum.de/english/connect.html.
