Abstract
This paper advances hypotheses linking
specific European institutions to changes in agent preferences,
with my concern being to explore the pathways and mechanisms through
which such shifts occur.� Drawing
upon work in social psychology and communications research, I
develop a micro-, process- and agency-based argument on the nature
of social interaction within institutions.�
Empirically, I examine committees of the Council of Europe,
the main European rights institution, asking whether the preferences/interests
of social agents changed as they discussed and debated issues.�
Put differently, did they �go �native� in Strasbourg?
Introduction
This paper advances hypotheses linking
specific European institutions to changes in agent preferences,
with my concern being to explore the pathways and mechanisms through
which such shifts occur.� Drawing
upon work in social psychology and communications research, I
develop a micro-, process- and agency-based argument on the nature
of social interaction within institutions.
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I adopt such a focus for two reasons.�
For one, much of the literature downplays or brackets such
dynamics and, instead, offers macro-historical or macro-sociological
arguments on the preference-shaping influence of European institutions.�
Unfortunately, all too often, these studies simply assert
correlations that fail to specify the causal pathways connecting
European institutions to preference change.
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More important, even when Europeanists
do adopt a process-oriented perspective, they typically advance
an incomplete contact thesis to explain the causal relation between
institutions and core agent properties.�
That is, preference change is a function of time.�
The longer agents participate in a particular institutional
setting -- say, the European Commission -- the more likely a shift
in actor properties.� Put
differently, it is contact -- the rubbing of elbows -- that explains
such shifts.� For sure, this is part of the story.� Prolonged exposure and communication can indeed
promote a greater sense of we-ness, as a robust experimental literature
suggests.
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Yet, by itself, such a thesis is underspecified.�
For example, it does not control for the possibility that
individuals, the longer they reside in a particular institutional
setting, can learn how to decouple from it.� Moreover, it is arguably the quality of the
contact -- hectoring? deliberation? hard-headed bargaining? --
and not simply its length that plays the central role in promoting
change.� Even the best of the more recent literature
fails to address such issues.
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These gaps in the literature lead me
to a narrow focus and set of research questions in the current
paper.� I examine patterns of social interaction within
committees of the Council of Europe (CE), the main European rights
institution - in particular, its Committee of Experts on Nationality.�� My interest is whether the preferences of
social agents changed as they discussed and debated issues in
it.� If so, how is one to characterize this process?�
As a game where the bigger and more powerful states coerced
the weaker?� As hard-headed
diplomatic negotiations?�� As persuasion/deliberation?� Or
simply as copying/emulation?
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Before proceeding, two comments are
in order.� First, my micro-focus
inevitably loses the big picture -- that is, how Europeanization
and European institutions may be transforming national
preferences and interests.� However,
given the gaps in the existing literature, this essay should be
seen as providing building blocks for more sweeping, macro-arguments.� In addition, elsewhere, I supplement the emphasis
here by exploring how social interaction in Strasbourg and the
norms it generates affect the politics of change in several European
states.
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Second, this is an exploratory first
cut at the theory and data.� I
push them as far as possible in reconstructing and explaining
patterns of social interaction and possible preference shifts.�
This will then alert me to those elements of the story
where additional theorizing or data collection are needed.�
More formally, what follows is a plausibility probe and
not a full-blown test of the argument.�
With the former, the goal is to use a rich empirical case
for a trial run of a new theoretical argument.
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The essay is organized as follows.�
I begin by motivating and outlining the theory of social
interaction utilized here; this section also includes a brief
discussion of research methodology.� Next, the empirical material is introduced; special attention is
devoted to exploring how well the hypotheses deduced below explain
the processes at work within Council committees.�
Finally, I address the theoretical implications of the
analysis, situating my argument within the larger concerns of
the volume.
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Theorizing
Social Interaction
�Socialization�,
�Social learning�, �deliberation�, �rule-driven
behaviour� -- these are the buzzwords of choice for many non-rationalist
students of EU institutions.�
These terms all imply a social process through which agent
properties and preferences change as a result of interaction.�
Unfortunately, much of the research employing them has
emphasized end states, where, say, rule-governed behavior is a
given.� Interaction thus drops out of the analysis.�
As a result, the causal mechanisms and motors underlying
such processes have been neglected.
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Whatever the buzzword, language and
communication play central roles.�
For example, the social interaction that occurs within
EU institutions is often characterized as a process of argumentation
and learning.� Likewise, we are told that deliberation may
transform the very interests of state agents in supranational
settings at the EU level.� Despite
this ubiquitous role for language, few Europeanists to date have
theorized or operationalized it.
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I address this gap by utilizing research
in social psychology and communications that highlights the central
roles of persuasion and argumentation in preference change.� In considering this literature, one should keep in mind the fundamental
difference between manipulative and argumentative persuasion.� The former is devoid of social interaction,
often concerned with political elites manipulating
mass publics and has a long tradition -- extending back to studies
by William Riker.� With its individualism and emphasis on strategic
agency, persuasion of this sort figures prominently in the work
of several rational-choice scholars.
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In contrast, argumentative persuasion
is a social process of interaction that involves changing attitudes
about cause and effect in the absence of overt coercion.� It is thus a mechanism through which preference
change may occur.� More
formally, it is �an activity or process in which a communicator
attempts to induce a change in the belief, attitude or behavior
of another person ... through the transmission of a message in
a context in which the persuadee has some degree of free choice.��
Here, persuasion is not manipulation,
but a process of convincing
someone through argument and principled debate.
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Building upon this latter, argumentative
understanding of persuasion, one can specify five propositions
or scope conditions for when agents should be especially open
to preference change driven by persuasion.
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H#1����������� Argumentative persuasion is more likely
to be effective when the persuadee is in a novel and uncertain
environment and thus cognitively motivated to analyze new information.
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H#2����������� Argumentative persuasion is more likely
to be effective when the persuadee has few prior, ingrained beliefs
that are inconsistent with the persuader�s message.�
Put differently, agents with few cognitive priors who are
novices will be more open to persuasion.
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H#3����������� Argumentative persuasion is more likely
to be effective when the persuader is an authoritative member
of the in-group to which the persuadee belongs or wants to belong.
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H#4����������� Argumentative persuasion is more likely
to be effective when the persuader does not lecture or demand,
but, instead, �acts out principles of serious deliberative argument.�
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H#5����������� Argumentative persuasion is more likely
to be effective when the persuader-persuadee interaction occurs
in less politicized and more insulated, in-camera settings.
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These propositions are only a start
and surely need further refinement, with the hard-headed methodologist
rightly noting that several are not falsifiable.�
How does one measure an insulated setting?� A serious deliberative argument?�
In the spirit of grounded theory and so-called abduction,
such refinement should come via careful empirical testing and
extension of the argument to cases beyond those in current studies.
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The Methodological Challenges.� Given the propositions outlined above, the challenge is to measure
persuasion and (possible) preference change.� Put bluntly, how do I know argumentative persuasion when I see it?�
My basic method is process-tracing, where one seeks to
investigate and explain the decision process by which various
initial conditions are translated into outcomes.� Specifically, this means uncovering the setting
and reconstructing the mechanisms through which social agents
may change their preferences.
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In this case, I operationalized the method through three techniques.�
First, interviews were conducted with Committee members;
these were designed to capture both temporal and intersubjective
dimensions.� On the former,
I interviewed and then re-interviewed the same individual at two
different points in time (so-called panel samples), whenever possible.� This enabled me to assess the validity of interviewee
accounts.� (Were they consistent
over time?� If they changed,
then why?)� Intersubjectively,
I asked interviewees to step outside individual thought processes
and characterize their social interaction context, suggesting
four ways to portray it: coercion, bargaining, emulation, persuasion/arguing.�
Interviewees were asked to rank order the various possibilities,
and to consider whether their rankings change over time.
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Second, I carried out a qualitative content analysis of major
media and specialist publications.�
This allowed for checking the beliefs and motivations of
particular individuals who were both interviewees and participants
in public debates.
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Third, official documents were consulted.� I started by examining the public record,
which meant studying successive drafts of the nationality treaty
on which the Committee was working.�
Particularly helpful was the official explanatory report
attached to the various drafts.�
In addition, I exploited the private record -- that is,
confidential summaries of most of the Committeee�s sessions.
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While it ain�t rocket science, these techniques multiply the
observable implications of my approach and allow me to triangulate
when assessing the degree to which, and through what mechanism(s),
agent preferences changed as a result of interaction.
���������������������
�Going Native�
in Strasbourg?
The current section has three parts,
beginning with a brief description of the pan-European norms that
have resulted from social interaction within specific institutions.� Then, I back the analysis up several steps, first describing the
institutional structure of the Council of Europe, and then exploring
the social interaction within its committees.
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Nationality and Citizenship Beyond the Nation State.� Be it in Brussels, Berlin, Warsaw, Moscow or
Kyiv, nationality and citizenship practice have entered a period
of turbulent change.� Such
shifts have been driven not just by domestic political dynamics,
but by external factors as well.� In particular, European regional organizations
have begun to address these issues in some detail, promoting new
forms of citizenship (the European Union�s [EU] �European citizenship�),
revised understandings of nationality and citizenship (Council
of Europe work on dual nationality) and new conceptions of the
group and cultural rights of national and ethnic minorities (work
by the Council as well as the High Commissioner for National Minorities
of the Organization for Security and Cooperation in Europe [OSCE]).
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For reasons of space limitations and
data requirements, I consider here only work by the Council of
Europe.� Over the past decade, it has promoted more
inclusive nationality, citizenship and membership norms.� After a negotiation process that involved elements
of inter-state bargaining and supra-national deliberation, these
norms have now been promulgated in two international legal instruments:
a Framework Convention on National Minorities; and a European
Convention on Nationality.
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If European states were to comply with
these instruments and the norms they promote, what kinds of policies
and practices would follow?� Most
generally, one would see a move toward more pluralist and complex
conceptions of national identity, with the latter no longer neatly
co-terminus with state borders.� Specifically, action consistent with these
regional prescriptions would include, inter alia, greater
tolerance for the cultural rights of minorities (especially in
the linguistic and educational realms), more standardized procedures
for speeding the process of immigrant integration, and greater
tolerance of dual nationality.� When and if enacted, such changes could have
far-reaching effects: reshaping the boundaries of in- and out-groups
within European states, and adding a supra-state dimension to
those core identity markers of nationality and citizenship.
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While studying national-level changes
of this sort is important in its own right, my goal is to explore
a logically prior issue.� Namely,
how does social interaction within specific European institutions
create the norms that make such change possible in the first place?
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The Council of Europe and Its Committee System.� In the panoply of European regional institutions,
the Council occupies a unique position.� It is more than an intergovernmental organization (IGO), yet does
not possess the far-reaching supranational features of an institution
like the European Union.� On
the one hand, its formal structure resembles that of a standard
IGO.� The CE is run by a Committee of Ministers (the foreign ministers
of its member states), to which its international Secretariat
is subordinate.
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On the other, its committee system
and judicial branch -- the European Court of Human Rights (ECHR)
-- have acquired clear elements of supranationalism over the past
half century.� In part, these supranational features have
developed through formal and legal procedures -- for example,
the ECHR�s binding rulings with which states must comply, or its
extensive body of case law, much of which has been incorporated
into national legislation.� However, equally important are the informal
practices that have developed over the years in both the Court
and within the committee system.�
Judges and committee experts often see themselves as part
of social networks that are both European and national in orientation.�
In this sense, the Council might thus be viewed as an international
institution possibly promoting �the construction of overarching
common identity among the participating sub-groups.�
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Specifically on the committees, the
Council has a number of such bodies.�
Some are standing committees that have existed for many
years.� Others are ad-hoc, being established when the
CE is developing new norms and policy in a particular area.� It is the latter -- often called �committees
of experts� -- that concern me here.�
Such ad-hoc groups are formally under the Committee of
Ministers, the intergovernmental body that sits atop the Council�s
decisionmaking hierarchy.� However,
in reality, they enjoy significant independence from the ministers.� The latter (or their deputies) meet one to two times a month, and
their agenda is usually crowded with issues more pressing than
detailed oversight of an expert committee.
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In this paper, I examine the Committee
of Experts on Nationality.� This
body was established and given its terms of reference in June
1992.� Between that date
and late 1997, when a new European Convention on Nationality was
formally adopted by the CE�s Committee of Ministers, it met 17
times.� All meetings were
held at the Council�s headquarters in Strasbourg, with a typical
session lasting 2-3 days.� In
principle, each CE member state had a right to send a representative
to these sessions; however, some states did not, while others
sent more than one.� In addition, the CE Secretariat was represented
by three to four individuals.�
Thus, when the full Committee met, its size could range
from 25 to 35 people.� However, many of its substantive debates and
discussions played out in a smaller �Working Party, � composed
of 8-10 individuals.
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Representatives on the Committee wore
at least two hats -- as national officials and as experts (recall
the formal title of Committee of Experts
on Nationality).� Indeed,
in the Committee�s own -- confidential -- self assessment, it
was �the only European intergovernmental committee composed of
specialists in this matter [nationality]. ��
This meant that many members had legal training or administrative
experience in international private law, citizenship policy or
nationality.� A central concern of mine is whether social dynamics within the
Committee led to a shift in core properties - preferences
or, perhaps, even identities - of its
members.
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The basic task of the Committee was
to revisit the understandings of nationality and citizenship promulgated
in an earlier, 1963, Council treaty.�
Specifically on the question of multiple nationality, this
earlier treaty had taken an explicitly negative view: It was something
to be prevented.� The treaty
thus privileged a unitary conception of state identity and nationality.� Indeed, from the vantage point of the state, the possibility of
dual nationality was bad news, complicating loyalties and identities.
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Social Interaction and Preference Change? My analysis of the
Committee�s deliberations is divided in three parts: Substantive
Issues; Procedures; and Outcomes.
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Substantive Issues.� From its earliest
meetings during 1993, several themes emerged that would mark the
Committee�s work for the next four years.�
One major issue was the need to reconceptualize the foundational
category of nationality.� In
this regard, a key question was �the problem of multiple nationality
[that] concerned all European states.� Recognizing that much had
changed since the 1963 CE treaty, the Committee hoped to rethink
European norms on nationality.
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This theme also appeared to generate
significant uncertainty within the Committee.�
Indeed, whether one reviews the confidential meeting summaries
or interviews participants, a real tension is evident.� On the one hand, there is a stress on the Committee�s responsibility
to view multiple nationality from a European perspective.� At the same time, some members felt a strong
need to protect national conceptions of nationality/identity,
focused on �the principle of a single nationality,� from these
broader conceptions.
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This sense of uncertainty had at least
two sources.� One was factual:
It was not clear just how much had changed since 1963 both in
terms of state practice and international standards on nationality.� The other was normative: Whether nationality should have a supranational, European
dimension was a complex issue with many, many different sides.� Thus, a key initial condition - cognitive
uncertainty (H#1) was in place for persuasion to play a role in
changing preferences.
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Multiple nationality, and how the new
convention should treat it, generated ongoing and extensive discussions
within the Committee.� Two
positions quickly became evident.�
On the one hand, a number of representatives felt a new
European understanding, one which recognized the principle of
dual nationality, was necessary.� They argued that nationality was a fundamental
human right and should be codified in European law and norms.� Put differently, nationality -- with all its
identity connotations -- should �no longer exclusively [be] a
privilege granted by the State.�
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Others, asserting state prerogatives,
argued strongly against this perspective.� States alone should have the right to define
their own understanding of nationality.�
While this was a minority view, it was nonetheless a strongly
held one.� This clash of
a more European and multi-layered understanding of identity with
a national and singular one inevitably lead to a compromise position
within the Committee.� While the new convention would remove the prohibitionary norm against
multiple nationality and promote prescriptive European nationality
understandings, it would not unambiguously endorse the latter
principles.
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The clash over this question was so
deeply felt that it produced one of the few episodes where Committee
sessions degenerated into hard-headed bargaining.�
Indeed, one representative went so far as to boycott several
meetings and issue thinly-veiled threats that his/her country
might withhold its national contributions from the Council.�
Deliberation over the basic merits of the issue proved
difficult in such an atmosphere, where there was no absence of
significant cognitive priors among some Committee members (see
H#2).
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Instead, on the issue of multiple nationality,
one gets a strong sense of Committee participants jockeying for
position as competing identity/nationality conceptions were advocated.� At one meeting in the fall of 1994, members
advanced contrasting views on the implications of multiple nationality
for individual identity.� Those
favoring the principle noted how it would restructure dominant
conceptions of in-groups and out-groups within states, thus facilitating
the integration of permanent residents.�
Those against argued that a granting of multiple nationality
would dilute the �close and genuine links� between an individual
and his/her country.� Given
these clashing views, the Committee chair felt it wise to reiterate
that the �draft convention was neutral on the issue of multiple
nationality.�
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Despite these formal avowals of neutrality,
the question of multiple nationality was in no sense strickened
from the Committee�s deliberations.�
This was seen in several ways.�
First, the group as a whole continued to reiterate that
the draft convention should in no way be viewed as prohibiting
multiple nationality (as had the 1963 treaty).�
Rather, states who �so wished were free to allow other
cases of multiple nationality.�� Such a stance simply �reflected developments
in this field that have taken place in a number of states since
the 1963 Convention�.
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Second, over time, the Committee devoted
increasing attention to standardizing national rules regarding
the acquisition of nationality.�
There was a great concern to remove the element of administrative
discretion and opacity that governed the naturalization procedures
in all too many European states.�
This standardization -- for example, stipulating a maximum
period of residence that could be required for naturalization
(15 years; 10 years in later drafts) -- would greatly facilitate
the integration and acquisition of nationality by resident foreigners
and immigrants.
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The connection here to multiple nationality
was indirect, but nonetheless well known to Committee members.� Despite the formal prohibition against it in
the 1963 convention, the number of dual nationals was skyrocketing
in Europe by the early 1990s.�
This occurred as resident foreigners naturalized and acquired
the nationality of their new home state, while still managing
to keep their original nationality through various backdoor means.�
This was especially the case for Turks in Germany.�
Despite the country�s explicit prohibition on multiple
nationality, the number of Turks with both German and Turkish
passes was growing steadily.� Thus, the new convention, by facilitating naturalization
would keep the issue of multiple nationality in the spotlight
-- for those individuals directly affected and for the broader
public as well.� Conventional
identity markers and in/out groups would continue to be challenged.
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Procedures.� The Committee moved quickly during 1993 to
establish a sub-group of the full body -- the so-called Working
Party (WP) -- where the real debates and discussions would take
place.� The WP consisted of seven individuals, several
of whom were well-respected by other Committee members for their
authority on matters of nationality and for their persuasive powers
(see also H#3).
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A second procedural innovation was
to establish mechanisms whereby novices on the Committee -- typically,
representatives from new CE member states in East Europe and the
former USSR with little background or knowledge on nationality
-- could be brought up to speed, as it were.�
Here, the emphasis was less on lecturing and more on informal
discussions (H#4) held outside normal Committee sessions.�
Indeed, the goal seemed to be to teach these participants
how to think about nationality in broader pan-European terms.
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More generally, Committee deliberations,
despite the contention over various issues, were more than a zero-sum
diplomatic bargaining game among actors with fixed interests.� Recall that these individuals wore two hats
-- as state representatives and
as experts on nationality and citizenship.�
The latter, specialized role led them in a more deliberative
direction.� Indeed, at
several points during its discussions, the Committee self-consciously
noted that it was more than a bargaining forum where the lowest
common denominator would prevail.
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For example, at a meeting in late 1995,
the �Committee agreed that the final text [of the new nationality
convention] should not be a compendium of the various nationality
laws of all the participating countries but rather a European
standard in the field.�� Earlier the group had spoken in a similar fashion,
arguing in favor of a European vision and norms on nationality.� This invocation of normative language in private
settings where there was no incentive to play to the broader public,
along with the expertise of many members, insured that something
beyond strategic exchange among egoistic actors occurred as the
Committee deliberated.
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However, what exactly was the nature
of this social interaction within the Committee?� In addressing this issue, it is important not to think in either/or
terms.� Consider again
the four social mechanisms identified earlier: coercion, diplomatic
bargaining, persuasion/deliberation, and copying/emulation.� With the one exception where a delegate implied that his/her country
might withhold funds from the Council, overt efforts at, or threats
of, coercion were completely absent.�
This is hardly surprising: Such language and dynamics are
rare in more technical/expert settings.
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On bargaining, I have already noted
one instance where it occurred during the discussions.� By bargaining, let me be clear what is meant.�
These were instances where agents enacted given interests,
trying to advance them in a game of give and take.�
Such dynamics were clearly dominant in only one phase of
the Committee�s deliberations: the political end-game discussions
in late 1995 and 1996, where it sought to finalize the text for
the new nationality convention.�
Put differently, one might argue that a politicization of the group�s sessions promoted this shift to a
bargaining game (H#5).
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Copying and emulation were a relevant
dynamic for one particular sub-group of the Committee: representatives
from the new Council member states of East Europe and the former
USSR.� Especially during early phases of the Committee�s
discussions (that is, before the end game discussed above), delegates
from new members were mainly in a �receiving� mode, quietly listening
to the debates.� They seemed
content to emulate good nationality practice, as defined by the
Committee - the
authoritative in-group from their perspective (H#3).
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While at first glance this mode of
social interaction might seem surprising, it makes sense given
the background of the representatives from newer member states.� In many cases, these individuals had little or no experience in
matters of nationality -- either because they came from new states
(Ukraine, say) or from countries that had recently undergone massive
personnel turnovers due to the revolutions of 1989 (Czech Republic,
for example).� They were thus novices (H#2) facing a new and
uncertain environment (H#1).�
In such instances, emulation can simply be an economic
way of reducing uncertainty in one�s environment.�
If indeed these newer members were emulating, then such
action on their part made for a good match with the teaching/pedagogic
approach stressed by the Committee during its early sessions.
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Finally, one has persuasion and argumentation.�
They played an important role in shaping the group�s dynamics,
but only in certain contexts and at specific times.�
On the former, smallness mattered.�
That is, persuasion and principled debate � �this is what
a good nationality principle would look like and why�; �multiple
nationality promotes integration because ... �; etc --
occurred more in the Working Party (maximum of 10 members) than
in the Committee as a whole (up to 35 members). As for times,
persuasion played its greatest role in that period before the
end-game bargaining.
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Within these contextual and temporal
limits, three factors were key in promoting persuasion and deliberation.� First, the group was meeting at a time when
there was a growing sense of policy failure: The number of dual
nationals was climbing rapidly despite the existing prohibition.� Uncertainty over how to deal with this situation was thus a hallmark
of their sessions (H#1).� Second,
the early pursuit of an arguing game, as opposed to a bargaining
one, was greatly facilitated by the Committee and Working Party�s
insulation from publicity and overt political pressure (H#5).� Indeed, they benefited from the public perception of Strasbourg
as a quiet backwater -- with the real action occurring in Brussels
(the European Union�s provisions for a European citizenship).� This allowed them to meet and work out revised
understandings on nationality/citizenship prior to any overt politicization
of their work.
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Third, perhaps most important, several
Committee and Working Party members -- notably, the Swiss, Italian and Austrian
representatives -- were not only highly respected by other group participants,
but also renowned for their powers of persuasion (H#4).� Three different interviewees, with no prodding,
identified these same individuals as playing central roles in
�changing people�s minds� -- not through arm twisting, but by
the power of arguments.
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Comments of this sort were especially
directed toward the Austrian expert, Ulrich Hack.� For example, at a confidential meeting of the
Council�s full Committee of Ministers in May 1997 where a draft
of the new nationality convention was considered, one representative
from the Committee of Experts on Nationality praised Hack�s efforts
in such terms.� This individual argued that Hack belonged �to
the �spiritual fathers� of this Convention and whose support also
helped me during [our] negotiations and deliberations.��
This description is consistent with that earlier derived
from the theoretical literature, where I argued that persuasion
is more likely to be effective in promoting change in basic agent
properties when the persuader does not lecture or demand, but,
instead, engages in principled debate.
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At the same time, not all Committee members were
open to persuasion or the power of principled arguments.� Indeed, one national representative held
deeply in-grained beliefs that were opposed to arguments favoring
a relaxation of prohibitions on dual nationality.�
Consistent with H#2, there is no evidence that persuasive
appeals altered his/her basic preferences -- despite his/her participation
in the Working Party, where such dynamics were most evident.� Even after sustained social interaction over some 34 days spread
across nearly four years, this individual continued to view nationality
very much with state-based -- as opposed to European -- identity
markers.� He/she profoundly disagreed with any �philosophy�
that promoted a European understanding of nationality -- for example,
that �multiple nationality was acceptable in Europe.�� In his/her country, Europe had no right to
redefine the relevant boundaries of nationality and, thus, national
identity.
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Outcomes.� Two outcomes, at two different levels, need
to be considered - one collective and one individual.� On the former, there is clear evidence that
social dynamics within the Committee contributed to the emergence
of new shared European norms.�
To appreciate this, one only need conduct a before and
after comparison.� At time = 0 (1993, when the Committee began its work), European
norms on nationality were defined by the 1963 CE treaty.� This convention in fact embodied little in
the way of positive, prescriptive guidance on nationality.� Instead, its defining feature was a strong,
negative prohibitionary norm against a particular type of nationality:
multiple nationality.� As
the Committee chair correctly noted, this earlier treaty �embodied
a maximalist position on the issue of the avoidance of multiple
nationality.�
![endif]>![if>
The picture looks different by time
= 4 -- that is, 1997, when the new European Convention on Nationality
drafted by the Committee was opened for signing.�
This treaty sets minimum European procedural standards
regarding the acquisition and loss of nationality, and, more important,
begins to articulate a substantive vision of what nationality
should look like in post-Cold War Europe.�
The words of the Italian Committee member and expert best
capture this tentative, prescriptive understanding: �Whereas the
underlying philosophy of the 1963 Convention was that multiple
nationality should be avoided, Article 14 of the new Convention
embodied the philosophy that multiple nationality was acceptable
in Europe but need not necessarily be accepted by all States Parties.�
![endif]>![if>
Put differently, the stark internal/external
demarcation, where nationality and national identity are largely
co-terminus with a state�s borders, is eroding in contemporary
Europe.� For sure, it is
not being replaced wholesale; rather, concepts such as multiple
nationality, by blurring such demarcations, will likely promote
a further nesting and multiplication of identities.�
To the extent that European institutions such as the Council
contribute to this process, one can indeed speak of a process
where Europeanization is reshaping national identities.
![endif]>![if>
Having said this, I still need to address
the second, individual-level outcome.�
Did the preferences of particular actors within the CE
Committee change over this four-year period?�
Did debating and arguing about European nationality lead
Committee members to change their views on it?�
To answer this question correctly, one needs to keep in
mind an important baseline and starting point: Many of the Committee�s
experts and bureaucrats felt themselves to be part of a transnational
Euro elite even before the group began its work.� Their preferences on nationality were already �liberal� and supranational
at �t = 0� - a fact my interviews confirm.� Not controlling for this element of selective
recruitment and pre-socialization led to serious methodological
problems in early neo-functionalist work on European preference
and identity change.
![endif]>![if>
My answer, not surprisingly, is a mixed
one.� For some individuals,
there is no evidence of preference change.�
The one national representative discussed above is my best
example.� This individual left the interaction context
-- the Committeee�s deliberations -- as he/she entered it.� Neither the quantity (number of meetings) or
quality (deliberation, bargaining, etc) of the institutional
interaction had any causal impact on his/her views.�
Persuasive appeals were rejected because they clashed with
deeply held views on nationality. �Indeed,
this individual came from a national context where beliefs about
the unique and state-bounded nature of nationality were institutionalized
and thus politically salient.�
These cognitive priors lessened the possibility of any
preference change on his/her part.
![endif]>![if>
For members of the Working Party, there
is stronger evidence of preference shifts.� The evidence is two fold.� For
one, there is the confidential documentary record.� This demonstrates that, as the WP grappled
and argued about nationality, a shared understanding emerged that
European norms needed to encompass something more than the traditional
view of nationality as tied to a single, territorially demarcated
state.� Hence, the Group�s willingness to consider
multiple nationality.� At
least two members �changed their tune� on this core issue.� More important, interviews suggest that for some WP members this
�complexification� of nationality gave them a greater sense of
Europeanness.� However, the degree of preference change should
not be overstated: The WP contained several of the Committee members
who were already the most Europeanized.
![endif]>![if>
Finally, one has the group of novices
and emulators -- that is, those who for the most part sat and
listened as the Committee deliberated.�
While I have not yet been able to interview any of them,
research in other contexts suggests that such novices may be especially
open to basic attitudinal change.
![endif]>![if>
Summary.� Social agents
in Strasbourg (or Brussels, for that matter) go neither wholly
�native� nor remain entirely unchanged by their interaction within
European institutions.� Neither
of the two grand theories of integration - neofunctionalism (and its successors) nor intergovernmentalism
- accurately capture this complex picture of preference
change/non-change.� However,
this does not mean our job as analysts is simply to provide rich
descriptions; rather, partial, middle-range approaches are the
best to which we can realistically aspire.
���������������������
Theoretical Implications
The foregoing has implications for
two broader theoretical debates: how to conceptualize the linkage
between institutions and preference change; and the role of rational
choice and constructivism in studies of European institutions.� While the former speaks to broader concerns in the discipline, the
latter addresses a concern central to this volume.
![endif]>![if>
Institutions and Preference Change.� My empirical story suggests we need a more
process-based theoretical toolkit to develop hypotheses linking
institutions to changes in core agent properties.�
If one goes this route, however, a problem immediately
arises.� We have weakly developed analytic tools for
theorizing what goes on within international institutions.� Until recently, international relations theory
has been of little help on this score.�
One faced an unsatisfactory choice between neo-liberal
institutionalism, which erected a black box around the internal
workings of institutions, and mainstream constructivism, whose
largely structural ontology led to a neglect of institutions as
active agents in their own right.
![endif]>![if>
The EU literature has been of even
less help.� While it offers
much self-styled institutional analysis, there has been relatively
little attention to theoretical and, especially, methodological
issues.� While we all know that Europe can have transformative
effects on social agents, we still lack a clear understanding
of when and how this occurs.
![endif]>![if>
Movement in this process direction
should thus help us explore how and how deeply European institutions
affect core agent properties.�
Indeed, the key question is what social dynamics are more
likely to lead to attitudinal change, with the theoretical challenge
being to make fundamental actor properties endogenous to social
processes with institutions.
![endif]>![if>
For theoretical leverage on such dynamics,
I turned to work in communications research and social psychology.�
From this, I developed hypotheses and scope conditions
for when persuasive agents embedded in European institutions are
more or less likely to affect the preferences of individuals through
processes of social communication.�
While this is only one small part of the larger politics
of transformative change in contemporary Europe, it does allow
me to address more systematically topics that have been fiercely
debated by Europeanists for years -- say, the conditions under
which national officials �go native� within European institutions.�
The approach also fills a decisionmaking- and agency-gap
in constructivist studies of international institutions.
![endif]>![if>
Constructivism and Rational Choice.� �Well, fine and good,� a critical observer
might observe, adding: �How does all this nuance and complexity
advance the rationalist/constructivist debate? ��
Such criticisms highlight the central challenge for approaches
such as mine: the development of scope and boundary conditions.� Specifically, when and under what conditions
are rationalist as opposed to constructivist methods more appropriate
for understanding interaction among social agents within European
institutions?� I have advanced several such conditions in
this essay - most important, my earlier discussion of persuasion
and preference change (H#1 - H#5).�
Indeed, thinking in terms of scope conditions allowed me
to capture an obvious feature of social life -- namely, that interaction
within institutions is a process encompassing both
strategic bargaining and persuasive argumentation.
![endif]>![if>
For sure, much work remains.� More data needs to be collected and, more important,
this exploratory study needs to be complemented with others that
help minimize the current problem of overdetermination (that is,
five hypotheses and only one case).�
Yet, it is work that should be pursued.� Within international relations theory, there
has been a pronounced move in recent years away from an �either/or,�
�gladiator� style of analysis (either rational choice or constructivism)
to a �both/and� perspective.�
This means that theoretical opponents are spending less
time hurtling meta-theoretical insults at each other and, instead,
conducting an empirically informed dialogue, where tough issues
of process, operationalization and scope are addressed.� If this chapter - and
volume as a whole - can contribute to similar trends within studies of European
integration, that constitutes progress in a very real sense.
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. This critique is applicable
to macro-sociological research -- Soysal 1994, for example.� However, it also applies to more sociologically
inclined work by political scientists -- Katzenstein 1997; and
Banchoff 1999.
. On the laboratory-experimental
results, see the work of John Orbell and his collaborators:
Van de Kragt, Orbell and Dawes 1983; Dawes, Van de Kragt and
Orbell 1988; Orbell, Dawes and Van de Kragt 1988; and Idem
1990.� Thanks to Jim Caporaso for discussion on these
points.
. See, especially, the work of
Jan Beyers (1998), Morten Egeberg (1999) and Liesbet Hooghe
(1999).� For the decoupling argument, I am indebted
to Johan P. Olsen and Jarle Trondal.
. �In a larger work-in-progress, I consider a second
Council committee (the Committee of Experts on National Minorities), thus introducing a comparative
element to the design.
. Checkel 1999;
Idem 2001b.
. On plausibility probes more
generally, see George and McKeown 1985.
. The following builds upon Checkel
2001c.
. Caporaso and Jupille
1999, 433; Risse and Wiener 1999, 778; Risse, Ropp and Sikkink
1999, chapter 1.
. Joerges and Neyer
1997a, b; Glarbo 1999; Eriksen and Fossum 2000.
. Moravcsik 1999,
272, 281; see also Riker 1986.
. Brody, Mutz and
Sniderman 1996, chapters 1, 5-6; Lupia and McCubbins 1998, chapter
3.
. For the following, see, especially,
Zimbardo and Leippe 1991; Brody, Mutz, Sniderman 1996;
Joergensen, Kock and Roerbech 1998; and Elster 1991.� Checkel 2001b, 562-64, provides full details and references.
. This is an enterprise
in which I am currently engaged, both in my own research (Checkel
1999; Idem 2001b) and through a larger international
collaboration, �IDNET�.� On grounded theory and abduction, see Keck
and Sikkink 1998, chapter 1; and Ruggie 1998, 94.
. More formally, a
process-based ontology is a �meta-theoretical commitment to
human interaction as the sole component to social reality�.�
It allows for the possibility that changes in the nature
of interaction can change identities and interests.�
Sterling-Folker 2000, 110-11.
. The confidential documents
are not verbatim transcripts of the meetings, but summaries
prepared by the CE Secretariat and then approved by the full
Committee.� To control for the possibility that the latter might alter the true
record of its discussions at this approval stage, I conducted
interviews with the Secretariat officials responsible for preparing
the summaries.
. Wiener 1998; Council of Europe
2000; Farrell and Flynn 1999; Ratner 2000.
![endif]>![if>
. Council of Europe 1994a; and
Idem 1997b, respectively.�
Elsewhere, I consider the norms promoted by the EU�s
European citizenship provisions.�
Checkel 2001a.
. Specifically on the dual-nationality/identity
nexus, see �Europa
kommt der einst verpoenten Doppelstaatsbuergerschaft naeher�,
Die Presse, January 21, 1999; and �Dual
Nationality� 2000.
. Brewer and Herrmann 2000, 10.�
On the ECHR, its case law and its national effects, see
Drzemczewski 1983.� Regarding
the informal social practices, see Interviews, Council of Europe
Secretariat, June 1995, November 1998.
. Interviews: Leonard Davies,
Secretary to the Committee of Ministers, CE Secretariat, July
1995; Horst Schade, former Secretary to the Committee of Experts
on Nationality, CE Secretariat, May 1994, June 1995, November
1998; GianLuca Esposito, current Secretary to the Committee
of Experts on Nationality, CE Secretariat, April 1997, November
1998; Hanno Hartig, former Secretary to the Committee of Experts
on National Minorities, CE Secretariat, May 1994, June 1995,
April 1997, November 1998; and Frank Steketee, current Secretary
to the Committee of Experts on National Minorities, CE Secretariat,
April 1997, November 1998.
. For the quote, see Council
of Europe 1993a, 10.
. Council of Europe 1996a, Appendix
II, 209-210.� For the Committeee�s formal terms of reference,
see Council of Europe 1993a, 3-4.
. The following draws upon field
work conducted in Strasbourg over a seven-year period: May 1994,
June-July 1995, April 1997, November 1998, December 1999 and
November 2000.
. Council of Europe 1993a, 6-7
(for quote); Idem 1993b, 6 (Paragraph 13).
. Council of Europe 1993a, Paragraph
14 (for quote), Paragraph 21, and passim.� Also see Interviews: Michael von Kluechtzner,
German representative to the Committee, Bonn, March, August,
1995.
. Council of Europe 1993b, 5,
8 -- quote at p.8.� See
also Council of Europe 1994b, 2-3, 5, where it is noted (p.5)
that nationality was �an evolving concept�.
. Council of Europe 1993b, 4-6,
11.
. Council of Europe 1993b, 5
(Paragraph 7); and Interviews: CE Secretariat, June 1995.� For further evidence of this bargaining game,
see Council of Europe 1994c, 7, 11; and Idem 1996b, 5
(Paragraph 27), both of which document the efforts of one representative
to bias Committee discussions against any European nationality
norm that might favor or even be neutral to dual nationality.
. Council of Europe 1994d, 3,
9 (for quotes); and Interview: Ambassador Ulrich Hack, Head,
Permanent Representation of Austria to the Council of Europe
and former Chair of the Committee, Strasbourg, November 1998.�
Tellingly, at this same meeting, the group proposed to
change its name from Committee of Experts on Multiple Nationality
to Committee of Experts on Nationality. Council of Europe 1994d,
Brief Forward.� On the neutrality of the draft convention as regards multiple nationality,
also see Council of Europe 1995a, 7 (Paragraph 38).
![endif]>![if>
. Council of Europe 1995b, 9.
. Council of Europe 1994c, 6;
Idem 1995b, 5; Idem 1995c, 4; Interviews: GianLuca
Esposito, April 1997; Margaret Killerby, Head, Division of Private
and International Law, Directorate of Legal Affairs, CE Secretariat,
June 1995, April 1997, November 1998.� Killerby was the top Secretariat official with
responsibility for the new convention.
. On Turks and their �illegall� acquisition of dual
nationality in Germany, see Checkel 2001a.
. Council of Europe 1993a, 4-5;
and Interviews: Horst Schade, May 1994, June-July 1995, November
1998; GianLuca Esposito, June-July 1995, April 1997, November
1998; and Ambassador Ulrich Hack, November 1998.
. Council of Europe 1993a, 10-11.�
See also Council of Europe 1995a, 9; and Idem
1995d, Brief Forward.� On teaching and possible preference change, see Finnemore 1996.
. For the quote, see Council
of Europe 1995d, 3.� See
also Council of Europe 1996b, 2.�
This characterization of the Committeee�s dynamics draws
upon extensive discussions with its current (GianLuca Esposito)
and former (Horst Schade) secretaries, as well as its chair,
Ambassador Ulrich Hack. There is a large theoretical literature
linking professionalization and expertise with shifts towards
more deliberative forms of decisionmaking -- Haas 1992, for
example.
. See Council of Europe 1995e,
4 (paragraphs 21, 22); and, especially, Idem 1996c, passim.� The latter is the confidential summary of the
session where the final draft text of the treaty was adopted.� In several ways, the language in it is unusual
and indicative of a bargaining game.�
For example, the summary notes that �the following comments were considered
to be essential for the record� and, then, in contrast to the
usual practice, records specific remarks by named delegations
(the representative from the Czech Republic, the German delegate,
etc).� Also see Interviews: Horst Schade, April 1997,
November 1998.
. The sources behind this inference
are two-fold.� For one,
the confidential meeting summaries�
reveal very few instances of interventions by East European
or former Soviet representatives.�
In addition, see Interviews: GianLuca Esposito, April
1997; Margaret Killerby, April 1997; and Frank Steketee, November
1998.
. On emulation more generally,
see DiMaggio and Powell 1991, 69-70.
. While the confidential meeting
summaries regularly hint at debates and discussions, it was
only in-depth interviewing that allowed me to specify their
persuasive/argumentative quality.�
Interviews: Ulrich Hack, November 1998; Horst Schade,
May 1994, June-July 1995, November 1998, December 1999; and
GianLuca Esposito, April 1997, November 1998.� All three individuals participated in both
the Working Party and full Committee meetings.�
In a future round of field work, I plan to rectify this
methodologically unsatisfactory reliance on a single data stream
by pursuing two strategies: distributing a written survey/questionnaire
exploring these social dynamics to all Committee members; and
conducting interviews with the remaining members of the Working
Party.
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. Interviews, as in previous
note.� When I suggested
to my interviewees four possible ways to characterize social
interaction within the group (coercion, bargaining, persuasion,
emulation), persuasion/arguing consistently came out on top
or in the number two position in their rank ordering.
. For the quote, see Council
of Europe 1997a, 14.
. I interviewed this individual
on two separate occasions.�
The confidential record strongly supports the interview
accounts -- see, especially, Council of Europe 1995e, 7 (for
quotes); Idem 1996c, 4, 8; and Idem 1996d, 12.
. Council of Europe 1995e, 7
(Paragraph 40).� Note
that I say the Committee contributed to the development of new
nationality norms.� As discussed earlier, the OSCE and EU have
also begun to address similar issues.
. Council of Europe 1995e, 7
(Paragraph 41).� For
additional evidence of this emergent normative understanding
within the Committee, see Council of Europe 1995e, 4, 6; Idem
1996c, 6 (Paragraph 21); Idem 1996d, 8 (paragraphs 52,
53); the Explanatory Report appended to the new Convention,
as reproduced in Council of Europe 1997b; and Interviews, as
in Note 39.� The reaction of European media to the Convention
as embodying new norms further supports the interpretation advanced
here.� See "Neue Konvention
des Europarats: Doppelte Staatszugehoerigkeit erleichtern,"
Das Parlament Nr.47, November 14, 1997; and "Wir
wollen zwei Paesse," Die Zeit, November 21, 1997,
for example.� European
nationality norms might thus be said to be at the emergence
stage in their life cycle.�
Finnemore and Sikkink 1998, 895.
. Given the deeply institutionalized
nature of existing understandings of nationality in contemporary
Europe, and their close relation to state identity and sovereignty,
the surprise would be if they were
to be replaced wholesale.
. Martin and Simmons 1998, 735-36;
and, especially, Pollack 1998.
. When interviewing this individual,
it should be stressed that I gave him/her a range of possibilities
to explain why persuasive reasoning had no impact, including
the policy preferences of his/her country as well as deeply
held beliefs.� In replying, the latter were consistently favored.
. Of course, there is an older
literature on contact within international organizations.� In an important sense, the research program
proposed here represents a theoretical and methodological updating
of this earlier work.� Thanks
to Jim Caporaso for pushing me to make this linkage.
. On the IR literature, see Martin
and Simmons 1998; and, especially, Barnett and Finnemore 1999.� For the weaknesses in EU research, see Caporaso
and Jupille 1999; and Aspinwall and Schneider 2001.
. The latter has also been a
central concern of Ernie Haas, his students (Ruggie, Adler)
and cognitive regime theorists.�
However, for the most part, these scholars have advanced
heuristic arguments that are difficult to operationalize empirically.�
See Checkel 2001b, 555-59, for details.
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. Johnston 1998a, b.� On the study of transformative change in Europe
and the need to link it to more nuanced, partial theoretical
frameworks, see Olsen 2001.
. On the IR debate, see Checkel
2001b, 581.
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