Due to Brexit, dispute has again arisen between the UK and Ireland over Rockall, a small rock in the North-East Atlantic Ocean, and its surrounding waters. On January 4th a Marine Scotland patrol boat stopped and boarded an Irish fishing trawler, forcing it to leave waters within 12 nautical miles of the rock. Scotland asserted the UK claim to Rockall in anticipation of Brexit and sent patrol boats to the area immediately upon formally exiting the EU legal order on January 1st. In response the Irish Ministers for Foreign Affairs and for Agriculture, Food and the Marine issued a joint statement saying they were engaging with Scottish authorities but that “there remains an increased risk of enforcement action being taken by Scottish fisheries control authorities against Irish vessels operating in the waters around Rockall at present.” Continue reading
Some governments have responded to the COVID-19 pandemic by developing policies based on ideas from behavioural psychology, especially ‘nudge theory’. But the pandemic has highlighted two important failings of ‘nudging’ – its libertarian opposition to state intervention; and its lack of any theory of psychological interiority.
First popularised by Harvard law professor Cass Sunstein and University of Chicago behavioural economist Richard Thaler, nudge theory has been credited for many policies that are common-sensical – positioning hand sanitisers in prominent locations in receptions of buildings accompanied by colourful signage will increase usage; citizens should be advised to sing happy birthday while washing their hands as this will ensure their handwashing lasts for the recommended duration; tissues might be placed within easy reach of office workers to discourage unprotected face touching; etc. Continue reading
The widespread contemporary understanding of the New Haven School runs as follows. In the 1940s American power rises. Shrugging the formalism of international law, Hans Morgenthau, George F. Kennan and great power politics announce a new paradigm. Myres McDougal senses the zeitgeist the realists have captured and leads a ‘legal’ response. Positivist social science is instrumentally refashioned as ‘policy-science’, the lawyer policy-scientist pitched as the anti-communist power behind the throne. The story tends to be completed by one of two alternative conclusions. For some critics this ends as a story of Cold Warrior lawyers hawking a method skewed to imperial American policy. A cautionary tale of lawyers losing sight of legality in a clash between ‘realism’ and ‘legalism’. A moral of this critical story tends to be that policy-oriented lawyers were bought out of their vocation by hegemony and neoliberalism. Continue reading