bluuebunny/crossref_metadata_2025 huggingface dataset:
EU Democracy Promotion in Latin America: More a Tradition than a Policy
Authors: Gratius Susanne
Published: April 2022

Although interests are obviously part of inter-regional relations, the European-Latin American partnership is not mainly interest- but value-driven. Since the early 1980s, when nearly all Latin American countries abandoned military regimes, democracy and human rights have had a prominent place in EU-Latin American relations. Today, the mutual commitment to democracy and human rights is stressed in all official documents and cooperation accords between the EU and Latin America. Nonetheless, other regional priorities and the return to electoral democracy began to undermine the common values discourse and marginalize the political role of the EU in Latin America. This article is based on three major arguments: First, the EU's democratic engagement in Latin America still focuses on traditional authoritarian regimes (Cuba) and has not developed into a strategy towards the new political challenges of democratic backlash; second, the substance of democracy promotion mainly consists of technical governance issues and socio-economic support; and third, Spain is still a major actor in EU policy and its low priority of democracy promotion influenced the EU's profile. Based on these assumptions and following a short discussion on underlying principles, this article will address EU's priorities in democracy assistance in Latin America, particularly with regard to the most problematic countries in terms of democracy, such as Cuba, Colombia, and Venezuela.
Image-ing the EU as an International Leader: A Survey of Asian Newsmakers Perceptions from a Public Diplomacy Perspective
Authors: Chaban Natalia
Published: April 2022

With the implementation of the Lisbon Treaty and the launch of the European External Action Service, the European Union (EU) has embarked on a new phase of international diplomacy, which includes renewed attention to EU public diplomacy (PD) efforts. This article aims to contribute to EU PD scholarship and practice by studying the images and perceptions of the EU among news media professionals in Asia (findings from twelve Asian locations in the north-east, south, and south-east of the continent).A systematic analysis of the newsmakers' perceptions of the EU is doubly beneficial - firstly, it displays an insight into the world view of a powerful cohort of stakeholders in the region, and secondly, it explores the visions and attitudes that may stand behind choices in EU news selection and news writing. Findings of this survey of EU external images are discussed using basic typology of PD and its category of listening in particular.
EU Counterterrorism and Aviation Security: Supranational Rules but Intergovernmental Politics?
Authors: Barros Xiana
Published: April 2022

Even though it is far from institutionalized, the field of international aviation security is dominated by growing global trends such as the proliferation of the ban on liquids in hand luggage and of the installation of body scanners in airports. The initiators of these two trends are the US in coalition with specific European states. In these cases, the European Union (EU) varies from being an early adopter to a belated one, depending on its internal politics. By employing its veto powers in full, the European Parliament (EP) has achieved a relevant influence over the policy content. In turn, despite the supranational character of decision-making rules in the EU aviation security area, the European Commission has played a weak role as an agenda setter in the substantive choices and has concentrated on performing as a coordinator - thus playing a similar role to its involvement in a number of EU intergovernmental issues. In any event, the agenda of EU aviation security is firmly in the hand of the Member States. After adopting a standard, the EU has tried to export it; yet in that process, the Commission's role is also weakened vis-a-vis the Member States' capacities.
The Janus Face of EU Migration Governance: Impairing Democratic Governance at Home  Improving It Abroad?
Authors: Freyburg Tina
Published: April 2022

In the field of European Union (EU) migration policies, a large number of legal, administrative, and institutional tightening measures have been established in the name of domestic security since the early 1990s. These measures have been criticized because they allegedly lower the democratic quality of EU migration governance. Yet, the EU seeks to export its rules and regulations beyond its borders to neighbouring third states through its association policies. This article argues that what may be seen as a step back in terms of democratic governance inside the EU may present a step forward in its authoritarian Southern neighbourhood. It explores whether the rules of EU migration can constitute a step toward democratization of migration governance in neighbouring countries, where provisions of transparent, participatory, or accountable decision-making cannot be taken for granted. Taking the example of the Moroccan 2003 law on migration, the paper demonstrates that the EU was fairly successful in inducing the adoption of legislation in line with provisions of democratic governance. The contribution concludes with a discussion of the prospect of implementation of these provisions, in particular, against the background of the EU's extended external competences under the Lisbon Treaty.
The ACP-EU Joint Parliamentary Assembly Seen by its Members: Empowering the Voice of Peoples Representatives?
Authors: Delputte Sarah
Published: April 2022

This article examines the role of the European Union's (EU) Joint Parliamentary Assembly (JPA) with the Africa-Caribbean-Pacific (ACP) group of states. Bringing together 105 countries from four different continents and characterized by a more than forty-five-year long continuity and a high degree of institutionalization, the JPA is a unique institution in the EU's network of inter-parliamentary diplomacy. Despite its increased importance in the past decade, the role of the JPA remains understudied in academic literature. The analytical framework for examining this role consists of two parts. While the first part is based on a document analysis and expert interviews, the second part investigates the JPA members' own role conceptions by means of semi-structured interviews with delegates from the European Parliament and national ACP parliaments. We argue that the role of the JPA is (1) to advocate the empowerment of the ACP national parliaments, (2) to socialize parliamentarians towards a democratic culture, and (3) to monitor the implementation of the Cotonou agreement. The conclusion reads that, while the role of the JPA has been strongly extended, there are some serious endogenous and exogenous problems that have a major impact on its activities and its influence.
EU to the Rescue? EU Support in National Foreign Policy Crises and the Danish Mohammed Cartoon Case
Authors: Larsen Henrik
Published: April 2022

This article attempts to understand the response of the EU to the Danish Cartoon Crisis that took place in early 2006. The puzzle is that at first, the EU only provided support for Denmark in relation to the immediate implications of the crisis - suggesting that the Member States disagreed on fundamental aspects of the crisis - but, after one month, the EU provided support to Denmark apparently accepting the official Danish view of the crisis in terms of principles. The article applies a constructivist framework for understanding the EU's response to national foreign policy crises in an analysis of the EU's response to the Danish Cartoon Crisis. The analysis indicates that the framework is useful for understanding how the EU responds to crises in general. The character of the response depends on the degree of EU acquis in the area of the crisis. The impact of the Lisbon Treaty and the broader implications of the framework are discussed.
Beyond Liberalization: Health-Related Aspects of EU External Economic Agreements
Authors: Wu Chien-Huei
Published: April 2022

This article argues that there exists a discrepancy between the Union's external competence in the sphere of public health or health services and the Union's internal competence on health policies. While the TFEU brings trade in health services into the scope of the CCP and assigns it as an exclusive competence of the EU, the Union may still have to rely upon the Member States in implementing international obligations relating to trade in health services. This article also argues that health-related aspects of EU external economic agreements go beyond liberalization front. In addition to conventional equivalency test on SPS measures and mutual recognition agreements on TBT issues, they also cover public health issues relating to tobacco control, alcohol, illicit drugs, HIV-AIDS, and sometimes nuclear disaster and soft instruments governing regulatory dialogue and cooperation.
The Influence of the European Parliament on the European External Action Service
Authors: Wisniewski Elisabeth
Published: April 2022

Since its early beginnings, the Member States of the European Communities have tried to establish and at the same time were reluctant to implement a common foreign policy. Only the Maastricht Treaty introduced an institutional framework. However, the emerging Common Foreign and Security Policy (CFSP) has been criticized for its lack of democratic legitimacy, since it has been dominated by the Member States at the expense of democratic control by the European Parliament. Therefore, it is puzzling that the Lisbon Treaty implemented new powers for the Parliament in external relations. Derived from New Institutionalism, content analyses of inter-institutional documents on the construction of the new European External Action Service suggest that the strong democratic profile of the Parliament as well as intra-institutional dynamics within the political system of the European Union translated into institutional powers of the Parliament even further than the Lisbon Treaty intended.
Saudi-EU Relations: Recent Impediments, Current Trends and Future Options
Authors: Kostadinova Valentina
Published: April 2022

The article examines the state of the EU-Saudi Arabia relations. Despite the existence of common interests between the two actors in the post-Cold War period, no substantial legal or institutional development has taken place in the relationship. Arguably, one of the reasons for this poor record is the normative fervour in EU's foreign policy, evident not only in the Treaty base but also in the Union's external practice as demonstrated by the post-Cold War relations of the EU with the Central and East European Countries (CEECs) and the Middle East and North Africa (MENA). Engaging critically with the EU's external practice, the article spells out its underlying logic and outlines how it has impeded the development of a closer relationship with Saudi Arabia, thus obstructing the possibilities for norms-transfer. The last section presents socialization as an alternative to the currently prevailing EU external practice. Recent trends in Saudi/GCC-EU interactions show a move towards greater cooperation on pragmatic issues, which have potential to enable norms-transfer through increasing the interactions between the parties. Some general ideas of how the EU can make the most of socialization are also offered, thus presenting some future options for the relationship.
The EUs Reaction to the Arab Spring: External Media Portrayals in China, India and Russia
Authors: Smith Nicholas Ross , Kelly Serena
Published: April 2022

The ratification of the Treaty of Lisbon (ToL) represents an attempt by the European Union (EU) to become a more visible and effective international actor. Foregoing the typical analysis on EU foreign policy, which posits what type of power it is, or what level of actorness it has, this article analyses the EU's international action from the perspective of three key external partners: China, India and Russia. External perceptions of the EU in three of the emerging BRIC countries are examined through systematically analysing newspaper articles in relation to the EU's action in the Arab Spring movements in North Africa and the Middle East. This article argues that despite the ToL's intentions, the EU's profile, in the news media at least, continues to be portrayed as an inefficient and perhaps irrelevant international actor in these countries, not only because of the EU's continuing difficulty in reaching common positions on tough international issues, but also because of the EU's inability to successfully communicate its decisions and action beyond its near borders.
EU Foreign Policy and the High Representatives Capability-Expectations Gap: A question of Political Will
Authors: Helwig Niklas
Published: April 2022

Once again the European Union (EU) foreign policy is characterized by a capability-expectations gap: the expectations towards the redesigned High Representative of the Union (HR) are high, with the hope of a single voice representative being able to shape and align the positions of the Member States and EU institutions. By contrast, the actual capabilities of the new post are limited, as it is confronted with the prerogatives of the European Commission in the field of integrated aspects of external action, while the framework of Common Foreign and Security Policy (CFSP) remains intergovernmental. Hence, reducing the capability-expectations gap is now mainly a matter of Member States' political will to use the potential of institutional innovation. To that end, co-leadership of the HR with Member States, the European Commission and the European Parliament is needed to provide new momentum to the common foreign policy project. This argument is developed using three cases that exemplify the dynamics in the new EU foreign policy architecture: the setup of the European External Action Service (EEAS), the immediate reaction to the crisis in Libya and strategic thinking. Based on the findings, conditions and measures to overcome the capability-expectations gap are discussed.
External Perceptions of the EU during the Eurozone Sovereign Debt Crisis
Authors: Chaban Natalia , Magdalina Ana-Maria
Published: April 2022

Despite its growing popularity, research on EU external perceptions has yet to explore in detail how the sovereign Euro-debt crisis has affected the outsiders' views on integrating Europe and its global importance and what factors shape those perceptions. The question as to whether the crisis has impacted the visions of the core features of EU international identity, including the image of the EU as a global 'economic giant' and a 'soft' and 'normative' power', remains unexplored. Conceptualizing EU external perceptions as a link between theories explaining EU foreign policy actions, goals and capabilities and EU international identity, this article addresses these scholarly deficits and proposes analytical framework of global, location-specific and EU-specific factors shaping EU external perceptions. The article uses a 'mixed' method of analysis and applies it to 322 elite interviews from nine Asia-Pacific countries (2011-2012).
On the Slow Train to Nowhere? The European Union, Enlargement Fatigue and the Western Balkans
Authors: O’Brennan John
Published: April 2022

The EU is seeking to repeat the success of its eastern enlargement in the Western Balkans. The accession of Croatia on 1 July 2013 provides a template for other Western Balkan states to emulate as they seek to transpose and implement the EU acquis communautaire and advance their membership prospects. But the EU's engagement with the Western Balkans is proving uneven and unsatisfactory: the enlargement process is now on 'life support' and 'flat lining' along a trajectory of 'frozen negotiating chapters' and mutual mistrust toward (despite the promise made at Thessaloniki a decade ago) an increasingly uncertain destination. The main reason for this is 'enlargement fatigue' amongst the Member States of the European Union. This article explores the underlying causes of this phenomenon and how it is impacting on the EU's relationship with the Western Balkans. It demonstrates that there is a symbiotic link between enlargement fatigue on the EU side of the relationship and the deficit of implementation on the candidate state side. The extended economic crisis which has so damaged EU solidarity has also had a knock-on impact on enlargement: the previously successful 'external incentives model' has run aground on the rocks of growing mistrust and pervasive uncertainty about the endpoint of the process.
More for More, Less for Less  More or Less: A Critique of the EUs Arab Spring Response à la Cinderella
Authors: Völkel Jan Claudius
Published: April 2022

The EU quickly reacted on the Arab Spring with the elaboration of a new Mediterranean policy concept. Aiming at supporting the young democratization processes in the region, the idea of 'more for more, less for less' has been suggested as incentive for the good performers, and as deterrence for potential bad performers. While, the former can hope for increased funding, the latter are endangered of receiving less EU support. This article problematizes the consequences this concept might have if brought into reality and concludes that it is neither desirable nor expectable; instead, it calls for a more honest EU rhetoric: Rather than pretending that satisfying democratic standards could be realized soon in the Middle East and North Africa, it would be wiser to accept intermediate setbacks and continue the support, even if the political transition process might suffer negative developments. This would not only be in the interest of the affected societies which struggle about their economic and political future, but also for the EU itself, as otherwise it might further lose ground as prime partner of the countries in its Southern neighbourhood.
EU-China Economic Diplomacy: When Economics Meets Politics
Authors: Zhang Xiaotong
Published: April 2022

This article intends to understand the motivation, strategy and effects of the economic diplomacy exercised by the EU and China in their forty years-old relationship. The article examines the EU-China economic history which can be divided into four periods: the starting-up period (1975-1988), the 'Low Tide' Period (1989-1992), the 'Honeymoon' period (1993-2005), and the 'Turbulent' period (2006 till now). The cases of economic diplomacy chosen here are those of strategic importance, i.e. which had a direct bearing on the overall development of EU-China relations, instead of the specific nitty-gritty negotiations of technical nature. The last part summarizes the characteristics of the EU's economic diplomacy in its long-time relationship with China.
Order-Maintenance in Kosovo: The EU as an Increasingly Comprehensive Police Actor?
Authors: Rozée Stephen
Published: April 2022

This article presents an examination of the EU Rule of Law Mission in Kosovo (EULEX) with a focus on the policing area of order-maintenance. It argues that while much scholarly attention has been given to the EU's role in crime-fighting, less has been said about its increasing involvement with order-maintenance, which is a central element of policing. EULEX, which is the EU's largest civilian mission to date, has been involved with a range of executive tasks such as riot control as well as the reforming and training of local police in Kosovo; this article argues that the Mission's activities contribute to all of the functions that comprise the policing area of order-maintenance. The EU's increasingly comprehensive involvement with policing activities is shown to significantly contribute to the Union's ambitions as a security actor. However, the case of EULEX demonstrates that only some aspects of the EU's aims as an actor in policing have been fully achieved in practice.
The EU Funding of Israeli Non-governmental Human Rights Organizations: When EU External Governance Meets a Domestic Counter-Strategy
Authors: Harpaz Guy
Published: April 2022

This article analyses the European Union's (EU's) practice of funding of Israeli Human Rights NGOs. It argues that the pursuance of such a model of governance is a natural choice for the EU, yet such pursuance has encountered in Israel a bottom-to-top counter-strategy of delegitimization conducted against the EU, the NGOs and their collaboration. This counter-strategy was found to discredit the NGOs and the EU and render their mutual collaboration less effective.
The Semantics of Civil: The EU, Civil Society and the Building of Democracy in Tunisia
Authors: Boiten Valérie Julie
Published: April 2022

This article examines the conceptual substance of the European Union’s (EU’s) support to civil society in the Mediterranean, a vital part of its renewed policy of democracy promotion since the so-called ‘Arab spring’. Grounded in a field study of two EU-financed projects in Tunisia, the article discusses the normative understandings of civil society and democracy-building that are being promoted by the EU. It then assesses to what extent these understandings are adhered to on the ground, by the Tunisian actors in charge of implementing the EU-policy. It appears that the EU’s enthusiasm for a ‘broad’, developmental agenda of democracy promotion is waning, as it frames the democratizing role of civil society primarily in a political vein. While the local actors abide by the EU’s liberal normativity, they challenge the political framings that condition the European model. In Tunisia, democracy-building is perceived as a bridgehead to prosperity and equitable development. As a result, the local civil society projects privilege socio-economic areas of activity, in a consensus-based and depoliticized framework – in other words, a ‘developmental’ approach to democracy-building. The article postulates that this discrepancy arises from the inadequacy of the EU’s political approach to the fragile context of a fledgling democracy.
The EU, Non-state Actors, and Peace-Support Policies in the Western Balkans
Authors: Rossi Rosa
Published: April 2022

This article focuses on the contribution of the EU towards and through NGOs and civil society groups in rebuilding the condition of peace and security in the post-war environment of the Western Balkans. Looking comparatively at the aid provided through public channels and through the NGO and civil society sector to Bosnia-Herzegovina, the Former Yugoslavia Republic of Macedonia, Serbia, and Kosovo, the article identifies the place given by EU institutions to non-state actors and how international donors’ preferences have changed over the years. The result of the analysis is that, despite rhetoric on the importance of local ownership and of civil society actors, EU institutions comparatively deliver more aid through public channels than through NGOs.
Partnership between the European Union and the Republic of Kazakhstan: Problems and Perspectives
Authors: Kembayev Zhenis
Published: April 2022

This article examines the development of the European Union-Kazakhstan partnership by discussing the provisions of: (a) the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Kazakhstan of January 23, 1995 that currently serves as the legal foundation of the EU-Kazakhstan relations; (b) the enhanced Partnership and Cooperation Agreement that was initialed on January 20, 2015 and will eventually replace the PCA; and (c) a number of other legal instruments that govern the collaboration between the EU and Kazakhstan. The author demonstrates the main achievements of the EU-Kazakhstan partnership and analyzes the major problems related to the advancement of the EU-Kazakhstan political dialogue and economic partnership (and in particular in the field of energy and transport). Finally, the author argues that the EU-Kazakhstan partnership can develop to the full extent of its potential provided that the EU and post-Soviet countries would be committed to the idea of creating a Wider Europe, i.e., a distinct region based on common values and shared interests.
Black Sea Regional Dynamics: Balanced Multipolarity in Action
Authors: Weaver Carol
Published: April 2022

Recent events and hostilities around the Black Sea make the European Union’s strategy of bringing peace and stability to the region look more hopeless than ever whilst the majority of people in the region are looking for hope. However, previous research has suggested that in the future there is a possibility of a ‘pluralistic security community’ arising in the region based on ‘balanced multipolarity’ as a necessary but not sufficient condition.1 Russia’s president would seem to be testing the theory that the Black Sea Region consists of four poles (Russia, Turkey, the European Union (EU) and the United States) which are interconnected in a condition of balanced multipolarity, by trying to re-establish the region as Russia’s own sphere of influence. This article analyses the current dynamics of the region, asking whether the situation is more akin to bipolarity or unbalanced multipolarity before arguing that the situation is one of ‘balanced multipolarity in action’. If this is the case then, when the ‘action’ ends, there may still be the possibility of a future non-hegemonic security community. Both the EU and Russia would be members of this loosely connected community which would pose no threat to either and could help to avert future disasters. This could fit well with the new 2016 EU strategic direction.
European Policies Towards China and the United States: Can They Support a Strategic Triad?
Authors: Maull Hanns W.
Published: April 2022

Does a strategic triad exist? This article argues that the international order is undergoing a transformation that points towards a ‘new bipolarity’ between the United States and the People’s Republic of China. This new bipolarity is characterized by deep interdependence and mixed motives, rather than by the ideological antagonism and power struggle of the East-West conflict. It also is a much weaker axis of world order than the old bipolarity. This means it will likely fall short of providing the levels of global governance the world will need to cope with the challenges and opportunities produced by the relentless advance of globalization.

To form this new bipolarity into a strategic triad, it would require the existence or ascent of a third party (a state, a coalition of states, or the European Union (EU)) with the capacity and credibility to influence the policy behaviour of both Washington and Beijing. In the case of the EU, what is missing is the capacity of the EU to act as a third party with its own, independent policy agenda that is taken seriously by both China and the United States.
The European Unions New International Investment Policy: Product of Commission Entrepreneurship or Business Lobbying?
Authors: Basedow Robert
Published: April 2022

The article seeks to explain the emergence of the European Union (EU)’s international investment policy since the 1980s. The article develops two competing explanations. It evaluates whether the Commission acted as policy entrepreneur to consolidate the EU’s role in international investment policy or whether European business lobbied for the ‘brusselization’ of international investment policy making to ensure access to ambitious state-of-the-art international investment agreements. The article traces the EU’s involvement in international investment policy through history. It examines policy-making instances, which shaped the EU’s de facto competences in international investment negotiations and its legal competences under European law. It finds that Commission entrepreneurship promoted the EU’s involvement in international investment negotiations and ultimately ensured due to the procedural particularities of the Convention on the Future of Europe the extension of the EU’s legal competences. European business and the Member States did not promote the emergence of the EU’s international investment policy.
Stories of Moral Actorship: European Union and Chinese Narratives Towards Africa
Authors: Keuleers Floor
Published: April 2022

European Union (EU) leaders have recently started internal discussions about the framework to shape relations with sub-Saharan African countries in the post-Cotonou period. The process is set against the background of increasing contestation over the African continent, most prominently with China. This article argues that for the EU to properly address this competition, it needs to conceptualize it as unfolding not only on the material but also on the ideational level. Contrary to common belief, China is not an amoral actor in Africa, but rather the source of a complex and historically-rooted alternative view on the global system and development cooperation, a view that might be appealing to disenchanted African audiences. Building upon the conceptual framework of ‘strategic narrative’, this article systematically deconstructs the EU and Chinese narratives towards Africa into their core components at the system, identity, relationship and issue level. Empirically, the article is based upon a qualitative analysis of core policy documents on Africa covering the period 2000–2015. By contributing to a better understanding and contextualization of the divergent views and claims espoused by the two narratives, this article lays the foundation for a broader research agenda aimed at grasping the normative competition faced by the EU in Africa.
Expectation Management? Contrasting the EUs 2030 Agenda Discourse with Its Performance in Evaluating Policy Coherence for Development
Authors: Keijzer Niels
Published: April 2022

The United Nations 2030 Agenda for Sustainable Development starts from the premise that global development depends equally on domestic policy action as on international cooperation. The EU strongly pushed for such a ‘universal’ agenda and called for reviewing the alignment of existing policies to the new agenda in reference to its legal commitment to promoting Policy Coherence for Development (PCD). This article analyses key trends in development evaluation since the 1980s, operationalizes the concept of PCD for evaluation purposes, and assesses the EU’s evaluation performance. The findings show a discrepancy between the Union’s ambitious 2030 Agenda position and its sub-optimal performance in evaluating PCD. Instrumental use of PCD in international negotiations to push for burden-sharing in development cooperation, an evaluation function focused on defending spending, diverging Member State support, as well as sheer methodological challenges explain this discontinuity that affects the EU’s credibility as a norm maker.
Exporting Intellectual Property Rights to Emerging Countries: EU and US Approaches Compared
Authors: Serrano Omar , Krizic Ivo
Published: April 2022

This article focuses on the EU’s and the US’s relationship with Brazil, India and China (BIC) in the area of Intellectual Property Rights (IPR). The comparison of EU and US approaches yields the interplay between hierarchical (coercive) and horizontal (network-based) strategies used by both sides to advance a maximalist IP agenda vis-à-vis the BIC. We furthermore find the EU taking inspiration (i.e. ‘learning’) from the US in the process of strengthening its external IP policy. Switching the angle to the ‘demand-side’ of emerging countries, China comes out as the most accommodative among the BIC in terms of aligning its IP (especially patent) legislation and enforcement practices with standards promoted by the EU and the US. India and Brazil, on the other hand, have shown more signs of contestation, not only in domestic implementation but also in terms of opposing and seeking alternatives to EU- and US-induced global IP norms. Variation between the BIC is explained, inter alia, by domestic concerns related to innovation in China, the role of the (generics) pharmaceutical industry in India, and the persistence of developmentalist ideas in parts of the Brazilian public administration.
Tug, Hug or Both? A Comparative Analysis of EU and US Competition Policy Permeation to Brazil and China
Authors: Wang Lei
Published: April 2022

While it is widely acknowledged that conditionality has been used to install competition governance in economies in transition, little is known about how the European Union and the United States of America project their competition preferences to emerging markets and to what extent the EU and the US approaches have been conditioned by domestic factors in target jurisdictions. This article, drawing on theoretical concepts of external governance and policy diffusion, compares the horizontal engagement approaches of the EU and the US in the permeation of competition law and policy to Brazil and China. It argues that while engagement and market-based approaches are more reliant on domestic demand and a willingness to engage than hierarchical forms of interaction, a more institutionalized and constraining effort is more resilient to political interests. Norm deviation from expected convergence incurs measures of higher level of constriction.
The EU as an Actor in Southeast Asia in the Context of the South China Sea Arbitration
Authors: Maier-Knapp Naila
Published: April 2022

The ruling on 12 July 2016 by the Arbitral Tribunal in the case of the South China Sea dispute between the Philippines and China has had positive impact on the credibility of the Philippines and other Southeast Asian claimant countries. This improved positioning for Southeast Asia vis-à-vis China has however mainly seen the promotion of bilateral country relationships with China and displayed limited utility for the Southeast Asian region as a whole. Despite contemporary unpalatability of multilateralism as a viable means for dispute resolution to the claimant countries, there is an inherent multilateral opportunity to the rise of Sino-Southeast Asian bilateralisms post-ruling, especially favourable for regional, inter-regional, and global for a in which Southeast Asian countries and China interact with international partners. Primary aim of this article is to illustrate this indirect opportunity for multilateralism with focus on the extent to which there has been and is enhanced space for the European Union (EU) and its Member States as international partners to express their commitment to peace and security in the Asia-Pacific in the specific context of the South China Sea arbitration.
Mapping Variation of Civil Society Involvement in EU Trade Agreements: A CSI Index
Authors: Oehri Myriam , Martens Deborah
Published: April 2022

Civil society has apparently been granted an important role in the monitoring of the sustainable development chapters in the new generation European Union (EU) trade agreements. While a debate about the role and functioning of these civil society mechanisms is emerging, we lack a profound comparative analysis of the treaty provisions establishing them. In order to address this gap and to map the extent to which civil society is included in the agreements, a Civil Society Involvement (CSI) Index is developed inductively and applied to the ten relevant EU trade agreements. It concludes that although some form of template is used, large variation exists. A distinction is made between three categories of CSI score: high (Canada, Korea), medium (Georgia, Moldova, Vietnam, Ukraine), and low (Central America, Singapore, Peru-Colombia, Ecuador). The outcome also reveals interesting nuances within these categories and calls for further research on the rationale for and consequences of this variation.
The International Dimension of the EU Agencies: Framing a Growing Legal-Institutional Phenomenon
Authors: Coman-Kund Florin
Published: April 2022

International cooperation has become a salient feature of EU agencies triggering important legal questions regarding the scope and limits of the agencies’ international dimension, the nature and effects of their international cooperation instruments, and their legal status within the EU and on the global level. This article examines the international dimension of EU agencies by advancing a legalanalytical blueprint linking EU law to international public law. The principle of institutional balance and the Meroni doctrine are used as EU law parameters for assessing the agencies’ international cooperation mandate, powers and actions, whilst the concepts of ‘international agreement’ and ‘international legal personality’ serve as standards for clarifying the legal nature of EU agencies’ international cooperation instruments and their legal status as global actors. Case studies on the European Aviation Safety Agency, Frontex and Europol ‘test on the ground’ the legal-analytical framework advanced and offer fresh insights into the EU agencies’ international cooperation practice.

 

Whilst the institutional balance in EU external relations does not prohibit entrusting certain international cooperation tasks to EU agencies, the application of the Meroni requirements suggests a limited role for these EU bodies as global actors. Next, the international cooperation instruments concluded by EU agencies can be legally binding agreements which, as a specific category of technical-administrative agreements, could still be accommodated within the EU legal framework. Albeit EU agencies could acquire in theory a derived and functionally limited international legal personality, none of the three agencies examined has such a legal status entailing that their international cooperation actions are in principle attributable to the Union.
Perceptions of the EUs Power in the Eastern Partnership Region: The Case of Armenia
Authors: Petrova Irina , Ayvazyan Anna
Published: April 2022

Recent changes in the European Union’s (EU) regional and global environment triggered academic revision of the concept of the EU international actorness. A trend is emerging to analyse the EU through the prism of geopolitics, which is often presented as an opposition to the dominating Normative Power Europe approach. This article argues for a more nuanced and comprehensive approach to the EU’s power. By applying Barnett and Duvall’s (2005) taxonomy of power to EU foreign policy analysis, the study focuses on compulsory, institutional, structural and productive types of power employed by the EU towards Armenia. In a second step, it is contended that since power is a relational concept, it can be better accounted for when analysed from the point of view of policy receiver. To this end, two questions are addressed: how are the different types of power exercised by the EU in the Eastern Partnership region perceived in Armenia? And what explains these perceptions? The findings show that all four types of power are perceived as seriously limited in Armenia, institutional power being the most successful.
Perceptions of the Ukraine Crisis: A Clash Between a Modern Russia and a Postmodern European Union?
Authors: Headley James
Published: April 2022

This article explores how perceptions of the Ukraine crisis reflect broader ways of thinking about the European Union (EU) and Russia in the shared neighbourhood. A common interpretation of the crisis is that it marks a clash between a ‘postmodern’ EU and a ‘modern’ Russia. This article questions this interpretation, challenging both the broad framework and also its utility in explaining the Ukraine crisis. Furthermore, it suggests that the framework has itself contributed to the crisis. The exceptionalism inherent in the ‘postmodern EU’ concept encourages EU policymakers to believe that their policy is inherently legitimate and hence to disregard the views and interests of other states. Russian policymakers have continuously objected to such an approach and their assertiveness in relation to Ukraine is in part a response to it.
EU-US Engagement on Regulatory Issues: Lessons Learnt, Notably in the Context of the TTIP Negotiations
Authors: Vandenberghe Jan , Bercero Ignacio Garcia , Emberger Geraldine
Published: April 2022

This contribution seeks to make the case for a positive regulatory agenda between the European Union and the United States of America, drawing upon past experiences and lessons learnt, notably in the context of Transatlantic Trade and Investment Partnership negotiations. The authors are of the opinion that despite differences in regulatory systems, both the EU and the US have an interest in avoiding fragmented regulatory solutions for similar societal challenges. EUUS regulatory cooperation should be supportive of international efforts geared towards the development of regulations and standards based on a high level of protection. In working together, both sides may be able to achieve better outcomes for their citizens and businesses, while maintaining – if not improving – levels of protection. Such cooperation should be developed in a transparent and accountable manner and fully respect the preferences reflected in US and EU domestic legislation.
Security Cooperation in EUChina Relations: Towards Convergence?
Authors: Christiansen Thomas , Dorussen Han , Kirchner Emil J.
Published: April 2022

Over the past decade, the EU and China have expanded their relations beyond a focus on economic and trade issues into the sphere of security. This is particularly evident when security is seen to encompass a variety of policy domains – from traditional, military security to nontraditional human security. However, this development has not followed an even or linear path: the record of EU–China security cooperation has been varied across different policy domains, with distinct temporal trajectories. This article addresses the question of why security cooperation between the two sides has advanced in certain policy domains while having faltered in others. Based on an expert survey of European and Chinese scholars, we explore both interest-driven and experience-driven explanations. Our analysis identifies a number of key events in the development of EU–China relations that have been critical in terms of initiating and enhancing cooperation in specific domains. Overall, we find that past experience with actual cooperation, rather than declared intentions, best explains the pattern of cooperation over time.
EU Support of Polyarchy? The Case of Morocco
Authors: Sepos Angelos
Published: April 2022

Drawing from theories of democracy, democratization and revolutions, the article examines the role of the EU in supporting democracy in Morocco in the period leading up to, during and in the immediate aftermath of the country’s Arab Spring protests. It indicates that the EU did not induce reluctant elites to reform or split, did not empower social movements and civil society, and only moderately contributed to the rise of favourable modernization socio-economic conditions in the country. At the same time, certain mediating factors, such as the monarchical, Islamic and hybrid nature of the Moroccan regime, the weaknesses of the 20 February Movement and civil society, unfavourable domestic revolutionary conditions and a diminished EU leverage over Moroccan elites, further undermined the EU’s ability to support democracy. Thus, the article argues that the EU’s contributions in Morocco during this period do not amount to the support of deep democracy but that of polyarchy. This has broader implications as to how we understand the EU as an external democracy supporter, external democracy support, and how democracy comes about in un-democratic societies.
The Court of Justices Difficulty with Reviewing Smart Sanctions as Illustrated by Rosneft
Authors: Over de Linden Heleen
Published: April 2022

This article analyses the European Court of Justice (The General Court of the EU (formerly the Court of First Instance) in Luxembourg, hereafter ‘the Court’.) judgment of 13 September 2018 on Rosneft (Case T-715/14) (The Rosneft T-715/14 includes more than one applicant: Rosneft, RN-Shelf-Arctic, RN-Shelf-Far East, RNExploration and Tagulskoe, together referred to as ‘Rosneft’.) in the light of the obligation to state reasons. Rosneft claimed an infringement by the Council (The Council of the European Union, ‘the Council’.) on its obligation to make such statement under Article 41 of the EU Charter of Fundamental Rights (‘The Charter’). The Court concluded that the reasons given by the Council were sufficient (T-715/14 Rosneft paragraph 127). The article will compare the reasoning of the Council and Court with the obligation to state reasons as interpreted in other Russian oil and banking sector judgments, in general and in asset-freeze cases (‘In general’ has to be read to mean ‘not in EU common foreign security policy (CFSP) cases’.). According to Rosneft, the rule of law is substituted with the rule of politics.
Co-operation: A Key to NATOs Cyberspace Endeavour
Authors: Slack Chelsey , Robinson Neil
Published: April 2022

For nearly seventy years, NATO has been used as a forum for its Allies to consult, co-operate, and act on the decisions taken collectively for the benefit of their security and defence. Against the backdrop of a rapidly evolving cyber threat landscape, the Alliance has taken a number of steps in recent years to bolster its cyber defences, recognizing that cyber defence forms a part of NATO’s core task of collective defence. This article will shed light on NATO’s approach to cultivating co-operation on cyber defence – among Allies but also with a broad partnership network of countries, international organizations, industry and academia. Specific initiatives that are being pursued by the Allies to support NATO’s broader deterrence and defence, enhance national cyber resilience, and collaborate with partners in a spirit of co-operative security will be explored. In the end, these activities contribute to ensuring thatNATOcontinues to adapt and remain fit for purpose as a platform for consultation and action on collective security in the digital age.
The EUs Role in Shaping the Cyber Regime Complex
Authors: Pawlak Patryk
Published: April 2022

As various aspects of cyber-related policies become a priority for national and international stability, an increasing number of actors attempt to shape this policy area. With the EU expanding its international role in foreign and security policy globally – and gradually becoming a target of malicious cyber operations – it becomes critical to consider whether the European Union can play a more active role in shaping global cyber-related policies to effectively protect its citizens in the digital domain. As this article argues, the answer to this question depends on the concurrence of two major elements: the rapid evolution of the international digital environment and associated modes of global governance; and the institutional and policy processes within the European Union that help to deal with the complexity. This article aims to better understand factors influencing the EU’s position within the existing cyber-related regimes and mechanisms deployed by the EU and its member states to shape the policy debates in those venues. It concludes that the EU’s role as a global cyber-player is better understood through the prism of the global cyber regime complex and the strategies that the EU pursues within this complex, rather than by merely examining the effectiveness of its actions within individual regimes (e.g. cybercrime, stability, human rights).
Confidence Building Measures and ICT
Authors: Crespo Laura , Kavanagh Camino
Published: April 2022

This article addresses the current emphasis on confidence building measures (CBMs) as a tool to mitigate the risk of conflict stemming from information communications technologies (ICT). It discusses the origins of CBMs and the reasons for their gradual uptake during and after the Cold War. As ICT too, became a source of contention in inter-state relations, CBMs came to be viewed as an important enabler of international stability, alongside norms of behaviour and existing international law. Focusing specifically on the work of the Organisation for Security and Cooperation in Europe (OSCE), this article discusses how CBMs are defined and applied to conflict involving ICT. Building on four core assumptions, the article assesses whether the current environment is conducive to realising the potential of CBMs in enhancing stability in cyberspace.