Josep M. Colomer
The classical analytical category of “empire,” as opposed to “state,” “city,” “federation,” and other political forms, can account for a large number of historical and current experiences, including the past United States of America, the European Union, Russia, and China. An “empire” has been conceived, in contrast to a “state,” as a very large size polity with a government formed on movable frontiers, with multiple institutional levels, overlapping jurisdictions, and asymmetric relations between the center and the diverse territorial units.
Research on constitutional law has come in different waves mirroring the development of states in recent decades. While the decolonization period of the 1960s still kept the old ties of constitutional “families,” comparison based on such ties has become ever less persuasive since the 1980s wave of constitution making following the fall of the Berlin Wall. Research about de facto and de jure constitutional law now tends to embrace institutional details like judicial review powers and procedures of direct democracy. The field of comparative constitutional law is controversial both in methods and substance. It still lacks a consistent framework of comparative tools and is criticized as illegitimate by scholars who insist on the interpretive autonomy within each constitutional system.
Research in the area of fundamental rights has to deal with long-lasting controversies like the constitutionality of the death penalty. Bioethical regulation is another new field where constitutional positions tend to diverge rather than converge. Embryonic stem cell research, therapeutic cloning, pre-implantation genetic diagnosis, and surrogate motherhood are examples from biotechnology and reproductive medicine where constitutional scholars disagree about what, if anything, constitutional law can contribute to provide a basis or limit for regulation. With the worldwide rise of constitutional courts and judicial review, the standards for the interpretation of fundamental rights become more important. Legal scholarship has worked out the differences between the rule-oriented approach associated with Anglo-American legal systems versus the principle-based approach common to continental Europe.
Philip G. Roeder
National secession seeks to create a new sovereign state for a nation residing on its homeland that is currently located inside another sovereign state. This goal distinguishes national secession from regional secession, autonomy, and decolonization and shapes the strategies, operational objectives, and tactical choices of the leaders of national-secession campaigns. Explanations for the success of some campaigns—particularly, success at getting on the global agenda—have focused on the identities, grievances, or greed of their members. Explanations for why some campaigns have turned to protracted intense violence have focused on these motivations and on tactical-logistical opportunities.
The existing literature suffers from its failure to agree on theoretical and conceptual fundamentals. As a consequence, empirical studies focus on very different universes of cases and operationalize key variables in diverging ways. The existing literature frequently does not consider how the goal of national secession constrains the strategies, operations, and tactics of such campaigns. And so, it often fails to consider whether studies with another dependent variable can be extended to the study of national secession. Explanations stress indeterminate or substitutable causes and remote constraints on most national-secession campaigns—causes and constraints taken “off the shelf” from theories about conflicts operating under very different strategic and operational constraints. Missing from these explanations is the authenticity and realism of the programs for national secession in the assessments of the populations that each program presents as a nation with a right to a sovereign state of its own. Explanations and recommendations for responses by common-state governments, their allies, and the international community often fail to understand the centrality of the war of programs between national secessionists and common-state governments and the ways this constrains what compromises are possible and what responses are most likely to lead to domestic and international peace in such conflicts.
An improved understanding of foreign policy learning necessitates a clarification of what foreign policy learning is, who learns, and how such learning occurs. Cognitive and social psychologists, sociologists, and political scientists situated in a variety of subfields have contributed to the understanding of foreign policy learning, a multidisciplinary area of inquiry. Learning theorists seek to show how a change in an actor’s beliefs due to experience or observation can lead to changes at other units, such as organizations and within the government. This cognitive dimension is important because actors may pursue a new course of action for politically expedient reasons rather than having genuinely “learned”—a distinction referred to as “complex” vs. “simple” learning.
Foreign policy learning can be internal or external. The former type of learning entails what individuals, governments, or organizations learn from their prior experience. Learning theorists who focus on the individual level of analysis borrow insights from political psychology in an effort to shed light on the personal characteristics, the belief structures, and the cognitive psychological mechanisms of political actors that can better inform policymaking. Leaders whose cognitive structures are described as relatively open and complex—like Soviet leader Mikhail Gorbachev, whose learning brought about the dramatic changes that ultimately led to the demise of the Soviet Union—are more likely to alter their beliefs than their cognitively closed and simple counterparts.
Yet external learning occurs as well. Policy diffusion studies show that learning can result from demonstration effects. Foreign policy learning via diffusion is not instrumental, but instead occurs through osmosis. Privatization in the former communist states, China’s Foreign Direct Investment liberalization, and the diffusion of environmental norms in the European Union are examples of learning that is contagious, not chosen. A more conscious mode of learning than diffusion is policy transfer, which entails policymakers’ transferring ideas from one country and implementing them in another. Technological innovations, unlike lessons that involve political ideology, are generally easier lessons to transfer—for example, Japan’s success in applying lessons from the West to modernize its army in the second half of the 19th century.
The constraints to foreign policy learning are formidable. Decision makers are not always open to reconsidering views that challenge their beliefs. Leaders tend to resort to, and misuse, analogies that prevent learning. Even a change in a decision maker’s beliefs may not lead to foreign policy change, given the myriad political pressures, bureaucratic hurdles, and economic realities that often get in the way of implementing new ideas. Indeed, foreign policy learning and foreign policy change are not synonymous.
Scholars face significant obstacles in studying foreign policy learning. There is no consensus on the definition of learning, on what constitutes learning, on how actors learn, when they learn, or on how to assess whether learning has taken place. Despite attempts to make sense of the confusion, scholars face the daunting challenge of improving understanding of how learning is shaped and funneled through the interaction of agents and the structures in which they are situated, as well as the relationship between learning and foreign policy change.
Diplomacy’s role in foreign policy is hampered by multiple understandings of what diplomacy is and does. A broad definition of diplomacy holds that it encompasses more than the promotion of peaceful international relations. Instead, it applies to the sum of those relations—peaceful, hostile, and everything in between. Thus, foreign relations—so long as they involve the interests, direction, and actions of a sovereign power—may be regarded as being synonymous with diplomatic relations, whereby foreign policy relates to the theory and practice of setting diplomatic priorities; planning for contingencies; advancing strategic, operational, and tactical diplomatic aims; and adjusting those aims to domestic and foreign constraints. This conception of diplomacy is functional: it emphasizes the roles of diplomats and recognizes that many other people perform these roles besides official envoys; and it illustrates that diplomatic settings—and the means, methods, and tools of diplomacy—undergo continuous change. The basic mediating purpose of diplomacy, however, has endured, as has much of its institutional apparatus—embassies, ambassadors, treaties, and so on. This is likely to remain the case so long as there are multiple polities in the world, all having to relate to one another.
Capitalist peace theory (CPT) has gained considerable attention in international relations theory and the conflict literature. Its proponents maintain that a capitalist organization of an economy pacifies states internally and externally. They portray CPT either as a complement or as a substitute to other liberal explanations such as the democratic peace thesis. They, however, disagree about the facet of capitalism that is supposed to reduce the risk of political violence. Key contributions have identified three main drivers of the capitalist peace phenomenon: the fiscal constraints that a laissez-faire regimen puts on potentially aggressive governments, the mollifying norms that a capitalist organization creates; and the increased ability of capitalist governments to signal their intentions effectively in a confrontation with an adversary. Defining capitalism narrowly through the freedom entrepreneurs enjoy domestically, this article evaluates the key causal mechanisms and empirical evidence that have been advanced in support of these competing claims. The article argues that CPT needs to be based on a narrow definition of capitalism and that it should scrutinize motives and constraints of the main actors more deeply. Future contributions to the CPT literature should also pay close attention to classic theories of capitalism, which all considered individual risk taking and the dramatic changes between booms and busts to be key constitutive features of this form of economic governance. Finally, empirical tests of the proposed causal mechanism should rely on data sets in which capitalists appear as actors and not as “structures.” If the literature takes these objections seriously, CPT could establish itself as central theory of peace and war in two respects. First, it could serve as an antidote to the theory of imperialism and other “critical” approaches that see in capitalism a source of conflict rather than of peace. Second, it could become an important complement to commercial liberalism that stresses the external openness rather than the internal freedoms as an economic cause of peace and that particularly sees trade and foreign direct investment as pacifying forces.
Arms control is a strategy by governments to overcome the security dilemma with institutionalized cooperation. It comes in three versions, arms control proper, with stability as the main objective; non-proliferation as a sub-category of arms control, so understood with the main objective being to preserve the distributive status quo concerning certain weapon types; and disarmament, with the objective to eliminate a specific weapon type. Confidence building is a crosscutting functional concept lumping together many different measures that can serve all three versions.
Arms control does not reject self-help as a basis of national security, but entrusts a significant piece of it to cooperation with potential enemies. Hence, arms control—with the exception of unilateral, hegemonic arms control imposed on others, and of non-proliferation for preserving an existing oligopoly—is a difficult subject for realism and neorealism, but also for post-modernism. It presents a solvable puzzle for rationalists and no problem at all for constructivists who, to the contrary, can dig into norms, discourses, and identities.
Concerning stability and change, arms control can be looked at from two opposite perspectives. Since it aims at stability, critical security approaches have labeled it as a conservative, status quo orientated strategy. But there is also a transformational perspective: arms control as a vehicle to induce and reinforce a fundamental redefinition of the relationship between states. Naturally, the concept of disarmament shows the greatest affinity to the transformational perspective.
A related issue is whether arms control is a result of political circumstances, a dependent variable without a political impact of its own, or whether it has causal effect on interstate relations. Constructivism proposes a dialectical relationship in which arms control and broader policy influence each other. From this reflection, the question of the conditions of success and failure flows naturally. Conducive interstate relations (or extrinsic shocks), technology, domestic structures, learning, leadership, perception, and ideology have been candidates for the independent master variable.
Three models tackle the relationship of arms control and historical time. The first model is the enlightenment intuition of steady progress. The second model is a series of waves, each of which leaves the world in a more cooperative state than the previous one. The final model is the circle: arms control ebbs and flows alternatively, but achievements are fully lost in each ebb period.
We can distinguish four arms control discourses. First, arms control as the maiden of deterrence. Second, arms control subordinated to defense needs. Third, arms control under the imperative of disarmament. Fourth, arms control as the instrument of human security, the survival and well-being of human individuals, notably civilians.
As with all politics, arms control involves justice issues: the distribution of values (security/power), access to participation in decision making, and the granting of recognition as legitimate actor. Arms control negotiations are ripe with justice claims, and failure through incompatible justice demands happens frequently. Also, emotions play a key role: frustration and ensuing resentment, anger, and existential fear can prevent success. Finally, compassion, empathy, and trust are ingredients in successful arms control processes.
The majority of countries around the world are engaged in the foreign aid process, as donors, recipients, or, oftentimes, both. States use foreign aid as a means of pursuing foreign policy objectives. Aid can be withdrawn to create economic hardship or to destabilize an unfriendly or ideologically antagonistic regime. Or, conversely, aid can be provided to bolster and reward a friendly or compliant regime.
Although foreign aid serves several purposes, and not least among them the wish to increase human welfare, the primary reason for aid allocations or aid restrictions is to pursue foreign policy goals. Strategic and commercial interests of donor countries are the driving force behind many aid programs. Not only do target countries respond to the granting of bilateral and multilateral aid as an incentive, but also the threat of aid termination serves as an effective deterrent. Both the granting and the denial of foreign assistance can be a valuable mechanism designed to modify a recipient state’s behavior.
Donors decide which countries will receive aid, the amount of aid provided, the time frame in which aid is given, and the channel of aid delivery. The donor’s intentions and the recipient’s level of governance determine the type or sector of foreign aid. States can choose between bilateral or multilateral methods of disbursing foreign assistance in order to pursue their interests. Although bilateral disbursements allow the donor state to have complete control over the aid donation, the use of multilateral forums has its advantages. Multilateral aid is cheaper, it disperses accountability, and it is often viewed as less politically biased.
Foreign aid, once the exclusive foreign policy instrument of rich powerful states, is now being provided by middle-income countries, too. The motivation for foreign aid allocations by nontraditional donors parallels the motives of traditional Development Assistance Committee (DAC) donors. A main difference between traditional and nontraditional aid donors is that nontraditional aid donors generally do not place conditionalities on their loans.
The issue of fungibility can obstruct the donor government’s purpose behind the allocation of foreign aid. If the preferences of the recipient government are different from those of the donor, the recipient can often divert the aid and use it for other purposes. A recipient government may reallocate its budget after it determines how much aid it is slated to receive. The recipient government will redirect its resources to areas it deems a priority that cannot be funded externally, for example the military or prestige projects.
Cyanne E. Loyle
Armed conflict is ultimately about the violent confrontation between two or more groups; however, there is a range of behaviors, both violent and nonviolent, pursued by governments and rebel groups while conflict is ongoing that impacts the course and outcomes of that violence. The use of judicial or quasi-judicial institutions during armed conflict is one such behavior. While there is a well-developed body of literature that examines the conditions under which governments engage with the legacies of violence following armed conflict, we know comparatively little about these same institutions used while conflict is ongoing.
Similar to the use of transitional justice following armed conflict or post-conflict justice, during-conflict transitional justice (DCJ) refers to “a judicial or quasi-judicial process initiated during an armed conflict that attempts to address wrongdoings that have taken or are taking place as part of that conflict” (according to Loyle and Binningsbø). DCJ includes a variety of institutional forms pursued by both governments and rebel groups such as human rights trials, truth commissions or commissions of inquiry, amnesty offers, reparations, purges, or exiles.
As our current understanding of transitional justice has focused exclusively on these processes following a political transition or the termination of an armed conflict, we have a limited understanding of how and why these processes are used during conflict. Extant work has assumed, either implicitly or explicitly, that transitional justice is offered and put in place once violence has ended, but this is not the case. New data on this topic from the During-Conflict Justice dataset by Loyle and Binningsbø suggests that the use of transitional justice during conflict is a widespread and systematic policy across multiple actor groups. In 2017, Loyle and Binningsbø found that DCJ processes were used during over 60% of armed conflicts from 1946 through 2011; and of these processes 10% were put in place by rebel groups (i.e., the group challenging the government rather than the government in power).
Three main questions arise from this new finding: Under what conditions are justice processes implemented during conflict, why are these processes put in place, and what is the likely effect of their implementation on the conflict itself? Answering these questions has important implications for understanding patterns of government and rebel behavior while conflict is ongoing and the impacts of those behaviors. Furthermore, this work helps us to broaden our understanding of the use of judicial and quasi-judicial processes to those periods where no power shift has taken place.
International actors sometimes force targeted states to change their governments, a process known as Foreign-Imposed Regime Change (FIRC). This foreign policy tool serves as a surprisingly active locus for several theoretical debates in international relations and comparative politics. On the international relations side, evaluation of FIRC as a policy tool has implications for the following debates: whether foreign policy decisions are affected by individual leaders or are determined by structural conditions; whether democracies are more peaceful in their relations with other states; how belligerents choose their war aims; what factors make for successful military occupation; what motivates states to go on ideological crusades; whether international actors can successfully install democracy in postconflict settings; determinants of international trade; and others. On the comparative politics side, FIRC speaks to what may be the two most important questions in all of comparative politics: what factors help a state maintain internal order, and what factors help a state make the transition to democracy?
FIRC also plays an absolutely central role in foreign policy debates, especially for the United States. FIRC is arguably responsible for both the greatest success in the history of American foreign policy, the post-1945 pacification of Germany and Japan, and one of the greatest disasters in U.S. foreign policy history, the 2003 invasion of Iraq and its catastrophic aftermath. Further, FIRC has played a ubiquitous role in American foreign policy since America’s emergence as a great power, as the United States has frequently used both overt and covert means to impose regime change in other countries, especially in Latin America. FIRC has also been a tool used by other major powers, especially the Soviet Union after 1945 in Eastern Europe and elsewhere. Into the second decade of the 21st century FIRC remains a controversial foreign policy tool, as some debate the wisdom of pursuing FIRC in Libya in 2011, and others consider the possibility of pursuing FIRC in countries such as Syria.
FIRC can be discussed as a theoretical phenomenon and as the subject of empirical research, focusing on its nature, causes, and effects. The article contains five sections. The first section discusses the definition and frequency of FIRC. The second section describes the causes of FIRC, why actors sometimes seek to impose regime change on other states. The third section covers the international consequences of FIRC, especially whether FIRC reduces conflict between states. The fourth section addresses the domestic consequences of FIRC, especially whether FIRC is usually followed by stability and/or democracy. The final section concludes.