Hostname: page-component-8448b6f56d-qsmjn Total loading time: 0 Render date: 2024-04-23T19:09:13.116Z Has data issue: false hasContentIssue false

Chronicle of a Death Foretold? Thinking About Sovereignty, Expertise and Neoliberalism in the Light of Brexit

Published online by Cambridge University Press:  06 March 2019

Ntina Tzouvala*
Affiliation:
Durham University Law School [konstantina.tzouvala@durham.ac.uk]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

“The true nature of the international system under which we were living was not realised until it failed.”

Karl Polanyi

The Great Transformation: The Political and Economic Origins of Our Time (1944)

There is a certain degree of irony in writing about Brexit for a law journal- a read put together, hosted and read mostly, if not exclusively, by ‘experts’. The irony lies in the fact that the outcome of the UK referendum on the EU was, amongst other things, a rejection of experts; or rather, of current mobilizations of expertize and the political allegiances of a large number of experts. Despite this irony, or precisely because of it, I will reflect on three interrelated questions that, in my mind, determined the content and outcome of this historic referendum. First, I will discuss the discourse of ‘sovereignty’ and ‘control’ at the centre of the Leave campaign. Secondly, I will focus on the role of expertize and (technocratic) knowledge both in the construction of the European project and in the revolt against it. Finally, I will argue that given neoliberal hegemony and its heavily unequal distributive outcomes, revolts against contemporary structures of power, both national and inter/supranational are to be expected. Therefore, the question for progressive lawyers is how to mobilize our expertise so that these revolts do not become the exclusive playing terrain of the extreme right with unforeseen consequences.

Type
Brexit Special Supplement
Copyright
Copyright © 2016 by German Law Journal, Inc. 

References

1 Martii Koskenniemi, What Use for Sovereignty Today?, 1 ASIAN J. INT'L L. 61, 63 (2010).Google Scholar

2 Will Davies, Thoughts on the sociology of Brexit, POLITICAL ECONOMY RESEARCH CENTRE (June 24, 2016), available at http://www.perc.org.uk/project_posts/thoughts-on-the-sociology-of-brexit/.Google Scholar

3 ‘Nearly half (49%) of leave voters said the biggest single reason for wanting to leave the EU was “the principle that decisions about the UK should be taken in the UK”. One third (33%) said the main reason was that leaving “offered the best chance for the UK to regain control over immigration and its own borders.”‘ Lord Ashcroft, How the United Kingdom voted on Thursday… and why, LORD ASHCROFT POLLS (June 24, 2016), available at http://lordashcroftpolls.com/2016/06/how-the-united-kingdom-voted-and-why/.Google Scholar

4 See, e.g., STEPHEN D. KRASNER, SOVEREIGNTY: ORGANIZED HYPOCRISY (1999); Kal Raustiala, Rethinking the Sovereignty Debate in International Economic Law, 6 J. INT'L ECON. L. 841 (2003); Anne Peters, Humanity as the A and Ō of Sovereignty, 20 EUR. J. INT'L L. 513 (2009).Google Scholar

5 Philip Alston, The Myopia of the Handmaidens: International Lawyers and Globalization, 3 EUR.J.INT'L LAW 435, 435 (1997).Google Scholar

6 For a poignant critique see: Zoran Oklopcic, Beyond Human Rights: Beyond a Convertible Vattelian?, VOELKERRECHTSBLOG (Jan. 18, 2016), available at http://voelkerrechtsblog.org/beyond-hunian-rights-beyond-a-convertible-vattelian/.Google Scholar

7 Henry Mance, Britain has had enough of experts, says Gove, FINANCIAL TIMES (June 3, 2016), available at https://next.ft.com/content/3be49734-29cb-11e6-83e4-abc22d5d108c.Google Scholar

8 COREY ROBINS, THE REACTIONARY MIND: CONSERVATIISM FROM EDMUND BURKE TO SARAH PALIN (2011).Google Scholar

9 ‘There is ample scholarship on the limits if not perils of direct democracy when citizens too are asked to decide complex policy choices in the absence of a clear understanding of the available options and potential consequences of their vote.‘ Laurent Pech, Maximilian Steinbeis, Five Questions on Brexit to LAURENT PECH, VERFASSUNSGBLOG: ON MATTERS CONSTITUTIONAL (June 26, 2016), available at http://verfassungsblog.de/five-questions-on-brexit-to-laurent-pech/.Google Scholar

10 See, generally, EUR. COM., EUROPABOMETER, POST-REFERENDUM SURVEY IN IRELAND: PRELIMINARY RESULTS (2008), available at http://ec.europa.eu/public_opinion/flash/fl_245_en.pdf.Google Scholar

11 For some good points of reference see: MICHEL FOUCAULT, THE BIRTH OF BIOPOLITICS: LECTURES AT THE COLLEGE DE FRANCE 1978-1979 (2008); PIERRE DARDOT, CHRISTIAN LAVAL: THE NEW WAY OF THE WORLD: ON NEOLIBERAL SOVIETY (2014).Google Scholar

12 Michelle Everson, Europe at the Crossroads: Professor Everson comments (Part 3), BIRKBECK COMMENTS (June 15, 2016), available at http://blogs.bbk.ac.uk/bbkcomments/2016/06/15/europe-at-the-crossroads-professor-everson-comments-part-3/.Google Scholar

13 DAVID SCHNEIDERMAN, CONSTITUTIONALIZING ECONOMIC GLOBALIZATION: INESTMENT RULES AND DEMOCRACY'S PROMISE (2008); ANDREW LANG, WOLRD TRADE LAW AFTER NEOLIBERALISM: RE-IMAGINING THE GLOBAL ECONOMIC ORDER (2011).Google Scholar

14 Ntina Tzouvala, The Ordo-liberal Origins of Modern International Investment Law: Constructing Competition on a Global Scale, EUR.Y'BOOK INT'L ECON. L. (forthcoming 2016).Google Scholar

15 Friedrich A. von Hayek, Economic Conditions of Interstate Federalism, 5 NEW COMMONWEALTH Q. 133 (1939); Jorg Spieker, F. A. Hayek and the Reinvention of Liberal Internationalism, 36 INT'L HISTORY R. 919 (2014).Google Scholar

16 Wilhelm Röpke, International Law and Economic Order, 86 RECUEIL DES COURS 203, 250 (1954).Google Scholar

17 George Eaton, Farage tries to shed his Thatcherite skin, NEWSTATESMAN (June 1, 2014), available at http://www.newstatesman.com/politics/2014/06/farage-tries-shed-his-thatcherite-skin.Google Scholar

18 An international student call for pluralism in economics, INTERNATIONAL STUDENT INITIATIVE FOR PLURALISM IN ECONOMICS (May 4, 2014), available at http://www.isipe.net/.Google Scholar

19 Alexander Rüstow, The General Sociological Causes of the Economic Disintegration and Possibilities of Reconstruction, in INTERNATIONAL ECONOMIC DISINTEGRATION 272 (Wilhelm Röpke ed., 1942).Google Scholar

20 Wendy Brown, American Nightmare: Neoliberalism, Neoconservatism, and De-Democratisation, 34 POLITICAL THEORY 690, 691(2006).Google Scholar

21 Nadine El-Enany, Brexit as Nostalgia for Empire, CRITICAL LEGAL THINKING (June 19, 2016), available at http://criticallegalthinking.com/2016/06/19/brexit-nostalgia-empire/.Google Scholar