WP2 : Contribution of London School of Economics and Political Science

Contributing Researcher: London School of Economics and Political Science (leader: Sciences Po, Paris)

The LSE team is led by Dr. Karen Smith. The other team members are research assistants Sinikukka Saari and William Vlcek.

The team’s approach is fairly practice-oriented but its contributions will be informed by the theoretical framework developed in work package 1 and the perspective on EU accession and enlargement produced in work package 7. In particular the team is interested in the changing nature of security and how intertwining notions of internal and external securities manifest themselves in practice in different levels of societies.

The areas that the team will be looking at are the external dimensions of Justice and Home Affairs, the European Security and Defence Policy and Common Foreign and Security policy and the inter-linkages between them in light of the fight against international organised crime. In addition to this EU level of analysis, the team will be analysing how the fight against new security threats influences the permanent (or at least long-term) outsiders of the EU, as well as the daily lives of citizens.

In short, we shall examine:

• How have the ‘Petersberg tasks’ been expanded in the draft constitutional treaty? How has the discourse surrounding the meaning of security and defence changed in the related discussions within the Convention on the Future of Europe and the Intergovernmental Conference?

• To what extent have the ESDP operations been aimed at fighting international crime (organised crime, people and drug smuggling, terrorism)? To what extent has the emphasis been on fighting international crime that is of a particular transnational nature, rather than more localised?

• How have the EU’s external border policies and JHA cooperation with Russia, Ukraine and Belarus on border issues developed since the 9/11 terrorist attacks and the enlargement of the EU? Have these policies been efficient in preventing international crime and terrorism penetrating the EU area?

• How are these policies perceived by the ’outsider states’? How do policy-makers and public opinion in the outsider states see their state’s relationship with the EU? Do they feel they are excluded from the new Europe and its development and that they are merely objects of decisions made by the EU? What kind of forms does the dissatisfaction take politically? Or, do they instead believe that they are actors capable of influencing policies that concern them and their relationship with the EU?

• How have international initiatives to combat financial crime and terrorism influenced the daily economic lives of EU citizens? How have the concerns for civil liberty been constrained by some of the more intrusive aspects of the surveillance of banking and financial transactions?

Literature review of key texts:

Anderson, Malcom, and Joanna Apap. "Changing Conceptions of Security and Their Implications for EU Home and Justice Affairs." Brussels: Centre for European Policy Studies, 2002.

This policy paper deals with the changing conception of security that points towards blurring the distinction between the internal and external dimensions as well as towards widening our understanding of what constitutes a security threat. The paper tries to link the discussion on new security threats together with the recent developments in European integration process. It claims that questions which used to be considered as internal security issues have been both Europeanised and externalised since the end the cold war. These two processes have had a major impact on structures, methods and priority areas of JHA. The authors go on to show that the external projection of internal security agencies has generated increasing overlapping and occasional competition between police and military agencies. According to them, internal-external policy coordination is a complex matter which should operate in two directions: external security policy tools should create synergies with internal policy objectives and, secondly, internal security policies should contribute to the general political objectives of the EU’s external policy. The second part of the study is dedicated to a more detailed study of the impact of 9/11 on conceptions of security and the EU policies. The post-9/11 development has caused friction between security (increasing control, surveillance and intrusive investigatory procedures) and freedom (civil liberties, rights of non-EU nationals etc.). The dangers of post-9/11 policy are that the tendency towards negative rather than positive measures is further strengthened and that democratic control of security issues is weakened. The authors doubt whether the post-9/11 reorientation of western policy is going to be permanent but they claim that 9/11 will nevertheless have some long-term implications for the dynamics and priority areas of JHA.

Bigo, Didier. "Internal and External Security(ies): The Möbius Ribbon." InIdentities, Borders and Orders, edited by Mathias Albert, David Jacobson and Yosef Lapid, 91-136. Minneapolis: Minnesota University Press, 2001.

The significance of the article - from the viewpoint of this study - lies in its discussion on the nature of the merger of internal and external security. Bigo argues that even if security needs to be understood as a much wider concept than has traditionally been the case, one should still differentiate between national/state security and societal/identity-related security. The article proposes a ’Möbius ribbon’ understanding of security which underlines the overlap of internal and external security but puts effective limits on securitisation processes. Most importantly, the Möbius ribbon understanding of security is able to deal with uncertainty and change in internal and external societies as it is an infinite and open topology. Further, the author claims that the merger of internal and external security is happening at three levels in a way that fundamentally alters our understanding of security as a concept. First of all, state borders are challenged by the freedom of movement of goods, ideas and people and the enemies are increasingly ’enemies within’. Secondly, norms of human rights and cosmopolitanism compete with traditional closed nationalism. Borders have in places and partly lost their meaning as barriers (against insecurity, disorder and the Other). Thirdly, the author claims that security has been ’individualised’. Discourses in today’s societies tend to connect individual fear (e.g. fear of unemployment) too easily with the fear of collective survival.

Hampton, Mark P., and Jason P. Abbott, eds.Offshore Finance Centres and Tax Havens: The Rise of Global Capital. London: Macmillan Press Ltd., 1999.

This edited collection explores a number of aspects of the offshore finance phenomenon - theoretical, normative, and empirical - and several chapters are of particular interest. In ‘Offshore: The State as Legal Fiction’, Sol Picciotto discusses the legal construction underpinning the creation and continued existence of ‘offshore’ as a feature of the international state system. There is a discussion of the hazard (state capture by the offshore business sector) facing the small state that chooses to establish an offshore financial centre in ‘A Legislature for Hire: The Capture of the State in Jersey’s Offshore Finance Centre’ by John Christensen and Mark Hampton. The historical business relationship between major global banking centres and offshore financial centres is provided by Mervyn K. Lewis in ‘International Banking and Offshore Finance: London and the Major Centres’. The viewpoints provided in this text are vital background to understanding the global environment in which money laundering and the financing of terrorism occur, and the challenges presented by this environment to reducing risk and achieving security in financial relationships.

Monar, Jörg. "Justice and Home Affairs in a Wider Europe: The Dynamics of Inclusion and Exclusion." ESRC ’One Europe or Several?’ Programme Working Paper, no. 7 (2000).

This working paper studies the development of EU’s home and justice affairs and its implications for insiders and outsiders alike. The paper is built around the dynamics of inclusion and exclusion that derive from the tension between security and freedom that is omnipresent in JHA. The study starts off by looking at the underlying rationale of the ’area of freedom, security and justice’. Further - and most interestingly from the viewpoint of the study - it analyses more in detail the dynamics of inclusion and exclusion the JHA is generating in the wider Europe. This is done at three levels: at the level of EU member states, non-member states in Europe and finally at the level of citizens of the outsider states. In conclusion the author argues that JHA process has generated powerful effects throughout the wider Europe and that - at least so far - the effects of exclusion have been much stronger than the effects of inclusion. In particular, the negative impact of JHA is felt by the nationals of neighbouring non-member states. They are increasingly confronted with the exclusive nature of ’fortress Europe’. Although the EU has declared its aim to be an open and secure EU, the security dimension has prevailed over openness. Monar calls for a more balanced approach from the EU which can only be achieved through more open and honest public debate on the nature and objectives of JHA.

Palan, Ronen.The Offshore World: Sovereign Markets, Virtual Places, and Nomad Millionaires. Ithaca and London: Cornell University Press, 2003.

This text analyses the ‘offshore’ world and expands a thesis about the commercialisation of state sovereignty introduced by Ronen Palan in an earlier journal article. The author contests the orthodox explanation that offshore (and specifically offshore finance) emerged as a reaction to increased taxation and regulation in developed states. Palan’s argument locates the origin of offshore within the maturing international states system of the nineteenth century. In this fashion, the offshore world developed as a counterpart to the onshore world of the European nation-state. As a consequence, within the modern relationship between citizens (including corporations) and states, sovereignty has become just another commodity for exchange.

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