bluuebunny/crossref_metadata_2025 huggingface dataset:
The Principles of European Contract Law and the Concept of the "Creeping Codification" of Law
Authors: Berger Klaus Peter
Published: April 2022

The Principles of European Contract Law, along with other private initiatives such as the UNIDROIT Principles of International Commercial Contracts, pose new problems for legal theory. What is the status of such principles and how can they be used? Berger examines these issues from the perspective of "creeping codification" of transnational law - the idea that slowly and gradually by reference to such principles a uniform private law will emerge. The modern European situation re-enacts the debate between the Thibauts and the Savignys in 19th century Germany: the debate between those who propose early codification and those who seek to develop a political harmony between the law and its subjects. "Creeping codification" reflects the viewpoint of the Savignys. Principles and restatements may be used by national and supranational law makers (legislators and courts), referred to by the parties to an agreement, and built into legal education. This is a process which is already beginning to occur. The existence of specific, written principles rather than open-ended "general principles" of transnational law greatly facilitates the possibility of recognition and use. Because of their private origins, one of the tasks for the promoters of such principles is to ensure that they are well marketed, so that they can obtain maximum use. The "soft law" nature of such rules nevertheless renders them sufficiently flexible that they can easily be modified to suit new conditions and thus better reflect their environment.
Codification of Private Law in the European Union: The Making of a Hybrid
Authors: Basedow Jürgen
Published: April 2022

The private law enacted by the European Community is characterised by peacemeal legislation and in outright contrast with the comprehensive and systematic perception of private law prevailing both on the European continent and in the common law jurisdictions. Tensions get stronger, and a general shift of opinion indicates that the harmonisation efforts of the Community should try to encompass larger areas of the law. The article advocates a Community codification of the law of contracts including the ancillary matters in the law of obligations, while the law of real property, succession and domestic relations should remain within the primary competence of the Member States. The new structure could be created in the form of a regulation on the basis of the existing Community competences. The Member States would be entitled to duplicate the Community Contracts Regulation within the framework of their national laws such as to maintain the uniform structure of the national civil codes. A legislative procedure consisting of three phases is suggested to conduct to the eventual taking of effect of the Community Contracts Regulation after 20 or 30 years.
Similarities and Differences between Employment Contracts and Civil or Commercial Contracts
Authors: Summers Clyde W.
Published: April 2022

There is much less freedom of contract in employment contracts than in commercial contracts because of extensive statutory prescription of terms, and individual freedom is further limited by collective agreements. These limitations are predominately limitations on the terms which an employer can impose. They are purposely designed to protect workers from the imbalance of bargaining power in the labor market.

General comparisons between countries focuse on comparisons of the extent to which the law, statutory and non-statutory, limits freedom of contract in employment contracts. In some countries statutory protections are very thin and in other countries very comprehensive. The principle that law should come to the aid of the weaker party is very strong in many countries, but expressly rejected in others. Some countries insist that contracts of employment should be interpreted the same as other contracts and refuse to apply principles of unfairness, good faith or unconscionability to employment contracts. But even these countries have substantial statutory protection of workers.
The Employment Relations Act 1999 and Collective Labour Standards
Authors: Morris Gillian S.
Published: April 2022

The Employment Relations Act 1999 affected major changes to collective labour law in Britain: a procedure for the mandatory recognition of trade unions by employers; more extensive (albeit still limited) protection for employees against dismissal for taking part in industrial action; and greater protection for trade union members against discrimination by employers. However, much of the Conservative Government's legacy in this area remains untouched, including the legislation that governs whether industrial action is lawful and trade union governance. This article analyses the implication of the changes to collective labour law made by the Employment Relations Act and, equally important, indicates those areas which the Labour Government chose to leave intact, even where this means that UK labour law continues to fall short of international standards.
Globalization and the Transformation of State Regulation of Labour: The Case of Recent Amendments to the Quebec Collective Agreement Decrees Act
Authors: Charest Jean , Vallée Guylaine
Published: April 2022

To date, observers have noted that globalization affects state regulation and national labour policies by favouring the increased action of supranational bodies and creating pressures to reduce national labour standards. This paper explores how globalization also influences the process of policy-making in the field of labour. To that end, the authors examine recent amendments made to a Quebec law, the Act respecting Collective Agreement Decrees and the process that led to their adoption. In reviewing the changes that were made to the decree system, the authors argue that the argument of the international economic competitiveness of the enterprises became a legitimate criterion for evaluating labour policies and that it affected the negotiation process between state and non-state actors concerning the state regulation of labour.
Some Recent International Developments in Employment Dispute Settlement
Authors: Brooks Brian
Published: April 2022

Employment arrangements do not stand still. The relationship between employer and employee constantly evolves and the law changes in response. So rapid is social and technological change that it is not always an easy matter today to decide whether a given work arrangement is an employment contract or not and, if it is, to define the rights and obligations. One response has been the legislative introduction of basic employment rights and the provision of specialist industrial tribunals for these rights to be swiftly and inexpensively enforced. These responses are found in societies as different as The Peoples Republic of China and the United Kingdom and they demonstrate that the central questions in the employment relationship remain the same all over the world but that the context alters according to a range of pressures.
La Transposition en Droit Français
Authors: Pinna Andrea
Published: April 2022

The purpose of the article is to determine what influence the EC Directive of 25 May 1999 on consumer guarantees may have on French Law. The author makes a comparative study of the way a consumer may be protected from defects in a good he has bought. He then concludes, since the present level of protection in French Law is generally higher than is required by the Directive, the French legislator only has a limited duty to implement the Directive.
The ILO Declaration of Fundamental Principles and Rights at Work
Authors: Bellace Janice R.
Published: April 2022

In 1994 the Director General of the ILO, Michel Hansenne wanted to reinforce the commitment to fundamental principles and rights at work and decided to campaign for an increase of ratifications. Since the beginning of the campaign in May 1995 there has been a 25 percent increase in the total of ratifications of the eight fundamental conventions but only a 5 percent increase in non-core ratifications. A 'Declaration on Fundamental Principles and Rights at Work' was adopted at the General Conference of the International Labour Organization in June 1998. In presenting the Declaration on Fundamental Principles and Rights at Work it was hoped that all Member States would ratify the document, recognizing the universality of the fundamental rights and those to be applied at work. This article further examines the Declaration and the core conventions.
Labor (Employment) Contracts in Japan: A Comparison with Civil and Commercial Contract
Authors: Nakakubo Hiroya
Published: April 2022

A labor (employment) contract is used when an individual is hired by an employer. Affected by both the applicable statutory provisions and the actual employment practices, Japanese labor contracts have acquired distinctive traits. The contracts are so wildly different that it is often difficult to distinguish if the contracts are truly contracts. This article will examine the Japanese labor contract and then make comparisons of the labor contract to other contracts.
EU Enlargement: Reshaping European and National Industrial Relations?
Authors: Ladó Mária
Published: April 2022

Undoubtedly, that the enlarged European Union eventually with 27 or more members and around 500 million people will considerably differ from the current EU15. The shape of this new EU (and that of the whole European continent) is, however, somewhat unclear yet. This paper addresses one specific question only: what might be the implications of the foreseen enlargement rounds on social dialogue in the EU, taking into account the developments that are likely to take place in industrial relations of the future new Member States in the years to come, due partly to the preparation for membership. The paper argues that if special efforts are not made in the candidate countries to strengthen their industrial relations and, especially, their social partners, European social dialogue might be in trouble.
The English Law of Real Security
Authors: Bridge Michael G.
Published: April 2022

The subject of security over movable property is rightly seen as belonging to the core of activities dealing with the harmonisation and unification of European private law. The current differences in the laws of Member States of the European Union inhibit the free movement of capital and delay the completion of the internal market. English law is widely considered as sympathetic to secured credit and has therefore facilitating the making of loans to industry and commerce. In this article, the author emphasises the ease and simplicity with which a creditor can take security, drawing attention to the celebrated floating charge. He points to the current failure of English law to subscribe to the functional policies underpinning article 9 of the American Uniform Commercial Code (so influential in the model law drafted for the European Bank for Reconstruction and Development). Finally, he draws attention to the way English law focuses on freedom of contract between secured creditor and debtor, refusing to take account of distributional (or third party) considerations. Change, however, is in the air. The Privy Council has recently imposed controls over the taking of fixed security and the creditor's self-help remedies are under threat from proposed legislative change.
Cour de cassation française, 1 december 99 — responsabilité pour activites sportives
Authors: Koch Bernhard A. , Lera Sylvia Gaspar , Reid Elspeth
Published: April 2022

The judgment of 1 December 1999 by the Court of Cassation relates to the responsibility of organisers of sport events, and more precisely, to that of users of go-cart circuits. This responsibility was relied upon by a go-cart driver who suffered an accident on a circuit of this type.

The judgment is classic in its principle: the Court of Cassation rules that organisers of sport activities have to guarantee the security of participants. However, this security obligation is limited to an “obligation of means”. Thus, the organiser is only liable in case of defective means. Participants of this dangerous sport are supposed to have accepted its risks; that is why they cannot expect from the organiser to offer an absolute guarantee of safety. Moreover, as participants play an active role in the sport activity, they introduce an uncertain external factor into the organiser's security obligation: their own behaviour. The consequences are nevertheless potentially serious for the participant, because the participant is not entitled to compensation if the organiser cannot be proven to have been at fault. Only a very rigorous interpretation of the obligation of cautiousness and surveillance on the part of the organiser can avoid this result.

The judgment, being further proof of the difficulties arising from the distinction between obligation of means and obligation of result, is analysed in the following comments from the point of view of Austrian, Scottish and Spanish law.
Gradual Integration: An Attractive Alternative Integration Process for Turkey and the EU
Authors: Karakas Cemal
Published: April 2022

The continuing dispute on Turkish accession within the EU illustrates that negotiations still hold much potential for controversy and that their outcome is completely open. If accession might not take place, then accordingly the European Council decision of 16/17 December 2004 ‘it must be ensured that the Candidate State concerned is fully anchored in the European structures through the strongest possible bond.’ How exactly this shall look like has not been elaborated in detail within the negotiation framework.

Gradual Integration could develop into a realistic option for integration beyond full membership for the EU as well as for Turkey. At its core, it envisages a partial sectoral integration and is simultaneously a dynamic model in which integration could proceed in progressive stages. Turkey would not only be integrated economically but also politically, and would receive the right to participate in decision-making. Furthermore, Turkey would keep its status as an accession candidate, i.e. full membership would not be ruled out a priori. This is a key for Turkey and, at the same time, saves the EU from a loss of credibility.
To Build a State: Europeanization, EU Actorness and State-Building in Kosovo
Authors: Greiçevci Labinot , Papadimitriou Dimitris , Petrov Petar
Published: April 2022

This article discusses the limits of the European Union’s role as a state-builder in Kosovo following the NATO intervention in 1999. It builds on the conceptual literature on Europeanization, EU actorness and conditionality to explore the EU’s multifaceted presence in the area and its ability to shape Kosovo’s emerging statehood. In doing so the article explores the way in which the EU strategy on the ground has been conditioned by: (a) the multiplicity of EU institutions and agencies that currently engage in the process of state-building in Kosovo; (b) the presence of other powerful actors – namely NATO and the UN – with their own stakes and agendas in the area; and c) local constellations of power and particularly Kosovo’s political elites as these have been shaped by the conflict of the late 1990s and its aftermath. Hence, the article studies, in a theoretically informed manner, the ongoing international efforts to build Europe’s newest ‘state-in-waiting’ and sheds light on an integral part of the European Union’s enlargement strategy in the Western Balkans.
Security Provider or Security Consumer? The European Union and Conflict Management
Authors: Kienzle Benjamin , Barbé Esther
Published: April 2022

The ‘frozen conflict’ between the Moldovan central state and the separatist Transnistrian region has caused numerous security problems in the immediate neighbourhood of the EU – from flourishing criminal networks to a controversial Russian military presence. This article examines how the EU has responded to these security challenges, both on a rhetorical and practical level. The theoretical framework that guides the analysis assumes that in contrast to earlier concepts of the EU as a foreign policy actor, in particular the civilian and normative power Europe concepts, the EU is not a singletype actor. EU foreign policy is rather characterized by two conflicting approaches: on the one hand, by a security provider approach and, on the other hand, a security consumer approach. In the case of EU conflict management in Moldova, it is argued that the EU has turned from a passive security consumer into an emerging security provider, though the possibility exists that due to Russia’s influence the EU may become once more a security consumer.
The Euro-Mediterranean Partnership: The Role and Impact of theEconomic and Financial Dimension
Authors: Brach Juliane
Published: April 2022

The EU and 12 countries of the Middle East and North Africa (MENA) engaged in 1995 in the Euro-Mediterranean Partnership (EMP) in political, economic and cultural matters with the aim to foster cooperation, stability and prosperity around the Mediterranean Basin. The Economic and Financial Partnership (EFP) plays a central role in the EMP design and implementation, which is centered on economic and trade integration as a starting point for and an anchor of socio-economic development in the MENA region. Against this background, this paper reviews the situation in the MENA partner countries and the past performance of the EFP. It analyses the association agreements, economic cooperation and financial assistance, discusses the major obstacles, and outlines the potential of the EFP to shape the European Neighborhood Policy.
Political Dialogue and Security in the European Neighbourhood: The Virtues and Limits of ‘New Partnership Perspectives’
Authors: Smith Michael , Webber Mark
Published: April 2022

Abstract. This article examines the EU’s most prominent policy tool (short of further enlargement) intended to help stabilize and secure relations with its bordering states: the European Neighbourhood Policy (ENP). Dealing with the problem of regional stabilization has been a central rationale of the ENP and in what follows we consider how the ENP’s concern with this problem has been pursued through the framework of political dialogue with partners, focusing particularly on cooperation in external relations. There are undoubted benefits which the ENP brings to this policy domain, however the initiative is also saddled with three sets of problems. The first relates to the question of local relevance and ‘value-added’, and is a concern largely for the ENP partners. The second is the challenge of policy coherence and is played out at the EU level and among EU Member States. The third is how the ENP relates to important regional actors (principally the USA and Russia) who have the potential to both facilitate and frustrate the initiative. These three challenges frame the context for two brief regional snapshots of the ENP in action, looking at EU security relations with the South Caucasus (and Georgia more specifically) and the Middle East.
The Lisbon Treaty and the Foreign, Security and Defence Policy:Reforms, Implementation and the Consequences of (non–)Ratification
Authors: Juncos Ana , Whitman Richard G.
Published: April 2022

Abstract. The article examines the Lisbon Treaty and asserts that the treaty’s effects would be to revamp rather than revolutionize the existing arrangements for the CFSP/ESDP. With the future of the Lisbon Treaty in doubt since the Irish referendum on 12 June 2008, the article considers what the future scenarios might be for the CFSP/ESDP provisions of the treaty. The article does not adjudicate on the credibility of these future scenarios but proceeds by first outlining the changes introduced to the CFSP/ESDP by the treaty; the issues raised by the amendments introduced; and then considers the consequent effects on the functioning of the CFSP/ESDP, either by the approval of the reform by ratification of the treaty or, if it is considered a credible proposition, by piecemeal implementation. As the article illustrates, in most instances the reforms introduced by the Lisbon Treaty (or through part of a ‘cherry picking’ process) will still require further substantive decisions to determine the form of their implementation.
EU and the Eastern Neighbourhood: Reluctant Involvement in Conflict Resolution
Authors: Popescu Nicu
Published: April 2022

Abstract. The article deals with the European Union (EU) policy toward the post-Soviet secessionist conflicts in Transnistria, Abkhazia, South Ossetia, and Nagorno-arabakh. The article argues that, in order to understand the EU as a crisis management actor, one has to study not just the patterns of EU intervention in conflict resolution and the impact of its actions but also EU decision not to intervene. These have a huge explanatory potential for the understanding of the EU as a foreign policy actor. Thus the article analyses in detail not just what the EU does vis-à-vis the post-Soviet secessionist conflicts but also what it failed to do. It analyses EU decisions to appoint special envoys, send civilian crisis management operations and offer assistance to the conflict zones, but also draws lessons from EU’s refusal to consider the deployment of peacekeepers or the avoidance of conflict resolution strategies, which might upset Russia. The article concludes that EU intervention in conflict resolution is primarily driven by external constraints or opportunities rather than strategic design. When faced with a choice for possible intervention in conflict settlement, the EU tends to opt for the easier, rather than the necessary, foreign policy measures and tends to work around the hard issues of conflict resolution.
From CSR for Trade to CSR through Trade: The Chronicle of a European Link Foretold?
Authors: Voiculescu Aurora
Published: April 2022

This article looks at the unfolding of the corporate social responsibility (CSR) debate in the European context and at the way this debate contributes to the promotion of CSR through the EU policies and through a subtle, potentially expanding normative regime. Looking at the ethos of the European CSR environment, the article addresses the variety of regulatory and non-regulatory signals received by the European institutions from its Member States. Next, the article looks into the various stages through which the European institutional position on CSR has been honed, reflecting the link between CSR and trade at policy level and the role played by the process of integrating a consistent human rights policy into the external, outward-looking dimension of the European CSR strategy. Building on this analysis and highlighting the CSR potential of instruments such as the Cotonou Agreement, the article looks into the way in which CSR and trade are intertwined in the latest models of European trade and development agreements as instruments of European foreign policy and as examples of the European approach to the social issues of globalization.
From Frontier to Boundary and Back Again: The European Union’s Maritime Margins
Authors: Germond Basil
Published: April 2022

Abstract. It is generally accepted that a political entity that has reached a certain level of maturity evolves from the ‘frontier era’, characterized by an absence of regulation and a kind of anarchy, to the ‘boundary era’, characterized by order and stability. However, my article shows that the European Union (EU) has initiated a certain return to the ‘frontier era’ in its security relation to the external world. First, at the internal level, the borders between Member States are hardly more than administrative divisions, whose interest in terms of security tends to fade. Second, the external outline of the EU is a legal and political boundary, that is the external limit of the sum of the Member States. Its defence is currently guaranteed, and its value in the framework of the new security policies is limited by the fact that security should now be searched upstream, outside this boundary. Third, there exists a very frontier between the EU and the outer world, a wide space (mainly maritime) separating the EU from the rest of the world. Its strategic depth should contribute to the security of the Union (projection), but as the fi rst frontline, this marginal zone should also be secured itself against incoming transnational threats. The aim of the article was to discuss the way the EU exercises its power beyond its external boundary, as well as to consider the evolving EU’s geopolitical vision. Thus, my research leads to a refl ection on the geopolitical implications of a broadened security agenda for the EU.
The Effects of the Lisbon Treaty on the Principles and Objectives of the Common Commercial Policy
Authors: Dimopoulos Angelos
Published: April 2022

Abstract. The Lisbon Treaty brings significant changes to the orientation of the Common Commercial Policy (CCP), affecting the principles and objectives that guide the exercise of EU competence in this field. Building upon the EC Treaty (TEC), it strengthens the role of uniformity and the commitment of the EU towards gradual liberalization, incorporating in fact a standstill obligation of the EU to retain the existing level of liberalization. More importantly, the Lisbon Treaty signals the integration of the CCP into EU external relations, providing common objectives and principles that allow for a re-evaluation of the objective of liberalization and the pursuance of other trade and non-trade goals, guaranteeing at the same time unity and consistency in the exercise of Union powers.
Engaging Russia: Prospects for a Long-Term European Security Compact
Authors: Alessandri Emiliano , Alcaro Riccardo
Published: April 2022

Abstract. Europe’s still-evolving post-Cold War security system is at the origin of the recurrent tensions and disagreements between the West and Russia. Although rejecting the notion of spheres of influence as a relic of the past, the United States and European countries have kept conceiving of Europe’s security as centred on North Atlantic Treaty Organization (NATO). And yet, a stable security order for Europe in the twenty-first century can hardly be achieved without involving Russia as one of its constitutive parts. This implies envisioning a system that is not NATO-centric but ‘multi-pillar’ and thus able to reflect the plurality of actors – the United States, NATO, Russia, and the European Union – and the variety of security and security-related interests currently existing in the European space. The vision informing such a system is that of a Europe as a ‘single security space’ where all parties behave as responsible stakeholders even though they do not share the same values.
The Role of the European Union’s Expert Assistance in the Process of Peace-Building: The Case of Bosnia and Herzegovina
Authors: Bostic Anze Voh
Published: April 2022

Abstract. This article analyses European Union’s efforts in providing expert assistance to countries that suffered from violent conflict in their recent history. It first presents the general concept of peace-building, European Union’s peace-building activities, and its expert assistance, conducted as a part of peace-building activities. Then, this article presents the findings of a case study, conducted on Bosnia and Herzegovina (BIH). This article concludes that the European Union is relatively successful in training individual employees in BIH’s administration and police forces; however, it is highly unsuccessful in pursuing broader political reforms that need to be addressed in order to completely eliminate all causes that could cause potential resurrection of conflict in the country. In addition, the European Union insufficiently engages itself in another important aspect of peacebuilding, that is, the process of developing the civil society. As conclusion, this article renders some recommendations that could improve the situation in the country and be also applied in other post-conflict areas.
Protecting European Law from International Law
Authors: Lavranos Nikos
Published: April 2022

Abstract. This contribution analyses the relationship between international law and Community law in the light of two recent European Court of Justice (ECJ) cases on Article 307 EC, that is, the Kadi and bilateral investment treaties (BITs) judgments. The analysis discusses two concepts: (1) the concept of the ‘very foundations of the Community legal order’ and (2) the concept of ‘hypothetical incompatibility’. The main argument that is advanced in this contribution is that with these two concepts, the ECJ has identified a constitutional dimension of Article 307 EC that hitherto has not been generally recognized. More specifically, it is argued that the main aim and result of this new line of jurisprudence is to protect the autonomy of European law from international law interferences by excluding as much as possible any conflicts between European and international law. In this sense, Article 307 EC is a tool for the ECJ to act as a gatekeeper by regulating the relationship between international law and Community law. Moreover, it is argued that the concept of the ‘very foundations of the Community legal order’ very much resembles the approach of the Federal German Constitutional Court, which in turn illustrates that the ECJ is performing the function of a true constitutional court of Europe. Accordingly, this article links up the external relations aspects of Article 307 EC with the closely connected internal constitutional aspects.
External State Partners in ESDP Missions: Third Country Participation in EU Crisis Management
Authors: Törö Csaba
Published: April 2022

Abstract. The following article intends to identify the motives, benefits, and patterns of third state contributions to EU security management endeavours in crisis areas. After the definition of the classes of potential partners and the conceivable legal frameworks for their participation, the investigation turns to European Security and Defence Policy (ESDP) missions as examples of variable coalitions with their temporary structures in the course of operational multilateralism of EU crisis management. A brief overview of the practice emerged in the first decade of ESDP ensues to illustrate the general analyses. The assessment of the relevance of third country participation in EU conflict prevention or conflict response undertakings brings the examination to conclusion.
The European Union as a Bilateral ‘Norm Leader’ on Climate Change vis-à-vis China
Authors: De Cock Geert
Published: April 2022

The Copenhagen climate summit was widely reported as ‘another failure for EU climate diplomacy’, focusing in particular on its failure to persuade China to commit to binding emission reduction targets. To balance this narrative, this article focuses on the bilateral dialogue between the EU and China on energy and environmental issues, in particular, their 2005 ‘Partnership on Climate Change’. Using constructivism as overall theoretical framework, it draws specifically on the literature on norms and the socialization processes leading to normative change in international politics. In particular, this article explores the EU’s contribution to the process of ‘social learning’ among Chinese policy makers on climate change. Its main finding is that the EU helped to overcome the traditional understanding in China of the environment and the economy as competing concerns and enabled the diffusion of the ‘business case’ for a low-carbon economy.
Multilateralism, Confl ict Prevention, and the Eastern Partnership
Authors: Christou George
Published: April 2022

Although the European Neighbourhood Policy (ENP) contains a conflict prevention dimension, the Russia-Georgia war demonstrated the extent to which this dimension was underdeveloped, at best, and completely ineffective, at worst. Through conceptualizing multilateralism, this article critically assesses the potential contribution that the Eastern Partnership (EaP) initiative can make to the European Union (EU)'s impact on creating a climate that is conducive to cooperation and long-term stability. It is argued that the multilateral approach within the EaP certainly offers 'new' potential for long-term prevention. However, it also asserts that to be effective it must address some fundamental weaknesses within its multilateral and bilateral governance processes.
The EU as an International Actor: Unique or Ordinary?
Authors: Zielonka Jan
Published: April 2022

It is often argued that the EU is a peculiar if not unique international actor. Unlike other major actors, it is a largely civilian power promoting universal norms in its vast neighbourhood and beyond. This article will test this proposition by comparing the EU's external policy to those of the United States, China and Russia. Five variables will be examined: (1) international aspirations and self-images; (2) governance form and structure; (3) means of governance; (4) borders and the scope of governance; and (5) centre-periphery relations. The article will conclude that all four actors share certain important characteristics. They all represent huge territorial units with sizable power resources across various fields. They all consciously apply these power resources to influence if not manipulate domestic politics in their respective peripheries. They all justify their power politics by reference to noble norms and values. But because of its peculiar governance system, fuzzy borders and predominantly civilian policy means, the EU practices its politics differently from the three other actors considered here.
Antiterrorism Cooperation between the EU and ASEAN
Authors: Chevallier-Govers Constance
Published: April 2022

This article not only studies the cooperation between the European Union (EU) and Association of Southeast Asian Nations (ASEAN) in the fight against terrorism but also shows the interactions between the fight against terrorism within the EU and within ASEAN. It starts with an analysis of EU's and ASEAN's respective terrorist threats and a comparison of the EU and ASEAN as counterterrorist actors. Regional cooperation within ASEAN is still at its infancy stage, as ASEAN is profoundly attached to the principles of state sovereignty and non-interference, whereas the EU has developed a real strategy in order to pursue and prevent terrorism. Thus, the EU has been brought to integrate its fight against terrorism into all aspects of its foreign policy and has recognized that south-east Asia is a critical factor for its security agenda. Inter-regional cooperation is slowly emerging, notably through the ASEAN Regional Forum and the Asia-Europe Meeting.
The European Parliament as a Norm Taker? EU-US Relations after the SWIFT Agreement
Authors: MacKenzie Alex , Servent Ariadna Ripoll
Published: April 2022

EU-US relations in internal security demonstrated a tendency to be turbulent. As a result, EU-US cooperation has not evolved into a partnership but into an asymmetrical relationship within which the EU has become a 'norm taker' - a recipient of US security norms. With this perspective in mind, it is time to take stock of the changes in the institutional configuration of the EU brought about by the Lisbon Treaty. In particular, the European Parliament (EP), often a vocal critic of the transfer of US security norms to the EU in the past, has been empowered to consent to international agreements. We therefore examine whether the EU remains a recipient of US security norms after Lisbon through the first case of its kind: the EU-US Society for Worldwide Interbank Financial Telecommunication (SWIFT) Agreement. By rejecting the first of the two agreements, the EP generally acted contrary to the preferences of the Council and United States, who were mostly in favour of the agreement. Despite this opposition, the EP gained few concessions from the United States and Council in the second round of negotiations for a permanent SWIFT Agreement, with their emphasis on security trumping most of the EP's data protection concerns. In sum, the use of theories on norm internalization allows us to conclude that, after Lisbon, the EP has abandoned its previous critical stances and is now becoming a new 'norm taker' within the EU-US relationship.
A Kaleidoscopic View on the External Dimension of Justice and Home Affairs
Authors: Wolff Sarah , Mounier Grégory
Published: April 2022

This article shows that the dynamics of expansion and diversification of the external dimension of Justice and Home Affairs (ED-JHA) identified in the editorial of this special issue can be altered by three processes: further institutionalization, politicization and operationalization. Those three dimensions participate in the creation of different patterns for the ED-JHA that can be summarized under the metaphor of a kaleidoscope. The dynamics of expansion and diversification can therefore take different forms, following which kaleidoscopic view prevails and leading to different ways of participation and influencing policy-making. Institutionalization is identifiable by routinization, structuration of decision-making, diffusion of values as well as competition for power and ressources across the actors. Mechanisms contributing to further institutionalization are to be found by EU institutions through the European External Action Service as well as through the diffusion of the EU's internal security discourse to the Common Security and Defence Policy police missions. The roles endorsed by the European Parliament and JHA agencies are symptomatic of a politicization trend, which widens the circle of actors in this area. Finally, the ED-JHA is taking an operational dimension, law enforcement actors looking for ways to pursue cooperation in a pragmatic way, while avoiding some constraints imposed by institutionalization and politicization. The dynamics of expansion and diversification after Lisbon and Stockholm can be altered in the coming years by further institutionalization, politicization or operationalization.
Eurozilla? Europes Spectre in the US Presidential Election Campaign
Authors: Benedikter Roland
Published: April 2022

This essay is about the general perception of Europe during the 2011-12 US presidential election campaign, including the competing Republicans and the acting president. It tries to identify some patterns of the portrait of Europe depicted in the current US public debate by collecting some of the most important judgements given in the framework of this and partly in the previous campaign for US presidency. In order to cover a more comprehensive dimension of the issue, it covers not only what the candidates who are still in the race say but also the arch of the whole campaign.
Juxtaposed to ACTA or more of the Same? A Look at IP Enforcement under the EUs Economic Partnership Agreements
Authors: Jaeger Thomas
Published: April 2022

Global intellectual property (IP) enforcement is a hot issue. The EU and the US, in particular, are committed to taking the level of protection beyond the minimum established by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994.This is evidenced, for example, by the EU's Global IP Enforcement Strategy of 2004, by the Anti-Counterfeiting Trade Agreement (ACTA) finalized in 2010 and by a number of bi- and plurilateral free trade agreements (FTAs) concluded in recent years. Some criticism has been voiced in civil society as well as in academic writing against this TRIPS-plus drive, particularly in relation to ACTA.

In the context of EU-ACP trade relations, the EU has now drawn up a special kind of FTA, the so-called Economic Partnership Agreements (EPAs). Designed for developing countries, EPAs include a range of non-mercantilist goals. In accordance with this, EPAs were announced as the dawn of a new era in trade relations with developing countries.

This article takes the controversial field of IP enforcement as an example for scrutinizing that new approach. As will be shown, a comparison of their rules on IP enforcement to standard IP enforcement provisions of a purely economic character, prominently the EU's domestic legislation, ACTA and general FTAs, sadly hints that any enthusiasm over EPAs in terms of development-friendliness may be premature. IP enforcement under EPAs lacks conceptual coherence and credibility in the implementation of development-related goals. This analysis is pinned against the background of a discussion of the overall role and effects of enforcement provisions in international trade agreements at the beginning and in the conclusion of this article.
Who Controls the European External Action Service? Agent Autonomy in EU External Policy
Authors: Furness Mark
Published: April 2022

This article uses a principal-agent framework of analysis to discuss the European External Action Service's (EEAS) institutional design and policy mandates. Can the EEAS act autonomously with regard to the Commission and Member States? Are there policy areas in which the EEAS has greater decision-making autonomy than others? These discussions are central to understanding the post-Lisbon Treaty EU's external policymaking system and its potential strengths as an international actor.
The Serbia-Kosovo Agreement on Kosovos Regional Representation and the Feasibility Study: A Breakthrough in EU  Kosovo Relations?
Authors: Koeth Wolfgang
Published: April 2022

2012 was a year of significant developments for Kosovo: on 24 February, Serbian and Kosovo-Albanian negotiators reached an EU-mediated agreement on the representation of Kosovo in regional fora. Whereas this agreement enabled Serbia to gain the coveted status as EU candidate in March, it opened the way for Kosovo to participate in international meetings at regional level as an entity in its own rights. As stipulated in this agreement, the European Commission on 10 October also delivered a Feasibility Study on the conclusion of a Stabilisation and Association Agreement (SAA) between Kosovo and the EU, which concluded that there would be no legal obstacles for the EU to sign an SAA (a mandatory pre-requisite for EU accession) with Pristina, in spite of the non-recognition by five EU Member States. However, it can be asked whether these measures were genuine diplomatic victories for Pristina or just rather symbolic measures without a real potential of opening a realistic accession perspective for both Kosovo and Serbia.
EU Associates: Third-State Involvement in EU Foreign Policy Decision-Making
Authors: Misteli Valentin
Published: April 2022

The European Union (EU) invites neighbouring states to contribute to the implementation of its foreign and security policy, but it does not offer involvement in relevant EU decision-making. This article makes the case for an associate status in the framework of the EU's Common Foreign and Security Policy (CFSP). It examines how third states can be involved in both CFSP decision-shaping and decision-taking and discusses the political implications and legal requirements of such arrangements.
Is the European Union a Global Health Actor? An Analysis of Its Capacities, Involvement and Challenges
Authors: Chang Peter , Rollet Vincent
Published: April 2022

This article deals with the EU's involvement in global health and the reality of its 'actorness' in this domain of international politics. Observing that this last decade, the European Union (EU) has been increasingly involved in global health separately from the global health actions already initiated by the EU Member States individually, it proposes to evaluate the 'actorness' of the EU in global health by using an analytical framework which considers that role, policy and institutional instruments and influence are the three main criteria of actorness in International Relations. After testing empirically this analytical framework in order to explore how EU's involvement in global health has been materialized so far and for which kind of outcomes, it sheds light on several challenges that EU has to face when it is involved in global health. It concludes that while the EU can be considered as a global health actor, it is still an 'actor in construction' notably because it needs to build the image of an actor speaking with one voice and to be perceived as an actor with a coherent behaviour in global affairs.
The EU and Constitutionalism in Egypt: EU Foreign and Security Policy Challenges with a Special Focus on the Changing Political Setting in the MENA-region
Authors: Seeberg Peter
Published: April 2022

The academic works on transition processes following the Arab revolts in the Middle East since the beginning of 2011 have so far mostly focused on the extraordinary character of the events which took place in Tunis, Cairo, Benghazi, etc. - attempting to explain the reasons for the in many ways surprising development in the region. This article analyses how strategic relations between the EU and Egypt are being challenged by constitutional changes in Egypt following the political development since early 2011. Initially the article describes European-Egyptian relations prior to the fall of President Hosni Mubarak by briefly going back to early contacts between the EEC and President Gamal Abdel Nasser and how more elaborate agreements developed up to recent times. Taking this historical point of departure the article characterizes the role of the EU in connection with the development since the start of the unrest in Egypt followed by an analysis of the European-Egyptian relationship over the last two years divided in three parts: Egypt and the ENP-UfM complex, the Muslim Brotherhood and the Egyptian political transformation process seen in a European perspective and finally the migration issue in the context of Egyptian-European relations. The article argues that the EU policies, which earlier have been dominated by a pragmatic approach towards the Mubarak regime, now have to be rethought considering an Egyptian polity, where the contours of a new constitutionalism are developing.
Institutionalizing the Comprehensive Approach to EU Security
Authors: Smith Michael
Published: April 2022

Since 2003, the European Union (EU) has developed into a provider of international security services. This capacity has involved a new policy tool, the Common Security and Defence Policy (CSDP), as well as other EU external policy competencies. However, given the complex nature of EU institutions, and the extent to which EU policy domains overlap, the EU has also attempted to impose more coherence on its foreign security actions to improve their effectiveness and raise its overall global profile as a political actor. These efforts are increasingly framed as the 'comprehensive approach' to European security actions. The comprehensive approach refers to the EU's more pro-active, and more coordinated, integration of its various external policy tools to address specific international security problems. This article explains how processes of experiential institutional learning helped generate new ideas regarding the comprehensive approach by examining a range of CSDP operations launched by the EU since 2003, each of which has required a considerable degree of institutional improvisation. This improvisation has inspired new institutional roles and capacities not found in formal treaties, and it suggests a capacity for endogenous institutional development on the part of the EU.
The EU: India Strategic Partnership: From Blind Acknowledgement Towards Recognition
Authors: Khandekar Gauri
Published: April 2022

Nearly a decade later, the EU-India relationship in its current form is yet to authenticate a 'strategic partnership' that was announced in 2004.Vast amounts of potential remains untapped while little synergies have been visible at the regional or multilateral level. Much relates to the fact that while the EU and India both acknowledge each other as strategic partners, they don't really recognize each other as such. Trade is critically important but there is more than trade to delivering a strategic partnership. A new, forward looking partnership based on urbanization, development and sustainable growth must be sought.