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Since September 11, 2001, the explanations offered to account for the rise of a foreign‐led terrorist network on Afghan soil have variously focused on the political vacuum opened up by the Soviet withdrawal from Afghanistan in February 1989, interference by foreign powers in Afghanistan's internal affairs, the failure of Afghanistan to produce a "strong state" because of ethnic factionalism, and an internal moral incoherence inherent to Afghan culture. I argue that none of these explanations is entirely satisfactory in itself. To understand the situation in Afghanistan, we must recognize that its political and military chaos is not an isolated or unique phenomenon, and at the same time acknowledge the particular social and political dynamics of Afghanistan's history that have set the parameters for current events. I show that communal conflicts in Afghanistan are part of a much wider affliction common to many postcolonial states and multinational societies, and that Afghanistan's current situation can only be understood by focusing on its failed attempts at nation‐state building within the broader geopolitical circumstance of foreign manipulation and proxy wars that have given rise to particular forms of ethnic division. [Keywords: Afghanistan, nation‐building, ethnic factionalism, warfare, the State]

The possibility and widespread practice of exit, on the part of dissatisfied citizens, has important, though highly diverse, bearings on the formation, solidity, and "quality" of the state. An association exists between the wide availability of exit and the condition of statelessness in a number of aboriginal societies as well as in Rousseau's state of nature. In the 18th century, the exit option—which became available to the wealthy as movable forms of property increased in importance—was hailed by such observers as Montesquieu and Adam Smith as a restraint on arbitrary rule or taxation. Today, on the other hand, such exit (capital flight) tends to render the introduction of needed reforms more difficult. Emigration-exit was benign in its effect on the sending countries in the 19th century and may have been helpful to the process of democratization in Europe. Lately, however, exit has been considered a threat to the existence of the state and has led to strong, though very different, defensive reactions in Ireland and East Germany. The small modern state can fend off excessive exit by providing a variety of public goods to its citizens; one of these public goods is "understood complexity."

SummaryThis article examines whether the characterization of a regulatory measure as expropriatory depends upon the objective intent of the state in enacting that measure. The issue of regulatory expropriation is of particular importance, given the fact that a number of recent multilateral investment treaties, including the North American Free Trade Agreement, grant investors a right of direct action against a foreign state for losses arising out of measures that are "tantamount" to expropriation.This article will first consider the respective approaches of the Iran-United States Claims Tribunal and the United States to regulatory expropriation. These approaches will be then briefly contrasted with the unique jurisprudence of the European Court of Justice and the European Court of Human Rights. Next, the role of intent in municipal law as a means of categorization will be addressed and a case made as to why this approach is equally viable on the international plane. In conclusion, reasons will be given as to why a test based on intent is to be preferred over other theories.

Does globalization mean the end of the nation state? Or are nation states able to respond to processes of global change? This impressively comprehensive book examines the connections and conflicts that exist between global and national processes, institutions and cultures.Debating and explaining controversial and contested understandings of globalization, the second edition has new content on: hot and timely topics, from human rights and migration to new technologies and environmental sustainability connections between globalization and global events, including the rise of