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Outlawing Hamas - An Illustration of the High Stakes of Legalisation

Hellquist, Elin (2006)
Department of Political Science
Abstract
ABSTRACT

In this paper, the political implications of the EU's listing of the political branch of Hamas as a terrorist organisation are examined. The terrorist lists are perceived as a case of legalisation of a previously unregulated field in international politics, were power in two steps has been moved from the table of democratically accountable politicians: first from the level of the nation state to the Union, and thereafter from the political to the legal sphere via a process of legalisation.

Through a study inspired by new institutionalism, the diplomatic, economic and institutional isolation of the Palestinian Authority's newly elected government is linked to the fact that Hamas has been outlawed by the Union. This case of... (More)
ABSTRACT

In this paper, the political implications of the EU's listing of the political branch of Hamas as a terrorist organisation are examined. The terrorist lists are perceived as a case of legalisation of a previously unregulated field in international politics, were power in two steps has been moved from the table of democratically accountable politicians: first from the level of the nation state to the Union, and thereafter from the political to the legal sphere via a process of legalisation.

Through a study inspired by new institutionalism, the diplomatic, economic and institutional isolation of the Palestinian Authority's newly elected government is linked to the fact that Hamas has been outlawed by the Union. This case of legalisation testifies of the existence of rival agendas of EU policy, where the fight against terrorism is in conflict with other agendas of the union: its democratisation efforts, its endeavours in the peace process and its foreign aid commitments. The policy, understood as a function of the terrorist listing, is tested against criteria of democracy, rule of law, interest maximisation and target fulfilment. The result of this assessment depicts a lack of compliance with these dimensions, suggesting that the costs of legalisation are high in this case. (Less)
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author
Hellquist, Elin
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
legalisation, terrorist lists, Hamas, EU, new institutionalism, Political and administrative sciences, Statsvetenskap, förvaltningskunskap
language
English
id
1326018
date added to LUP
2006-06-19
date last changed
2006-06-19
@misc{1326018,
  abstract     = {ABSTRACT

In this paper, the political implications of the EU's listing of the political branch of Hamas as a terrorist organisation are examined. The terrorist lists are perceived as a case of legalisation of a previously unregulated field in international politics, were power in two steps has been moved from the table of democratically accountable politicians: first from the level of the nation state to the Union, and thereafter from the political to the legal sphere via a process of legalisation.

Through a study inspired by new institutionalism, the diplomatic, economic and institutional isolation of the Palestinian Authority's newly elected government is linked to the fact that Hamas has been outlawed by the Union. This case of legalisation testifies of the existence of rival agendas of EU policy, where the fight against terrorism is in conflict with other agendas of the union: its democratisation efforts, its endeavours in the peace process and its foreign aid commitments. The policy, understood as a function of the terrorist listing, is tested against criteria of democracy, rule of law, interest maximisation and target fulfilment. The result of this assessment depicts a lack of compliance with these dimensions, suggesting that the costs of legalisation are high in this case.},
  author       = {Hellquist, Elin},
  keyword      = {legalisation,terrorist lists,Hamas,EU,new institutionalism,Political and administrative sciences,Statsvetenskap, förvaltningskunskap},
  language     = {eng},
  note         = {Student Paper},
  title        = {Outlawing Hamas - An Illustration of the High Stakes of Legalisation},
  year         = {2006},
}