bluuebunny/crossref_metadata_2025 huggingface dataset:
Standing together or Doing the Splits? Evaluating European Union Performance in the Nuclear Non-proliferation Treaty Review Negotiations
Authors: Dee Megan
Published: April 2022

There is a widely held belief that when the European Union (EU) stands together - when it 'speaks with one voice' - then it is at its most influential as an international actor. An assumption follows that, where the Member States are divided, doing the splits, and working towards their national objectives, effectiveness is then limited and the EU is marginalized. Very little however has been said on how not 'speaking with one voice' can in fact be an advantage to the EU. Evaluating EU performance in what is arguably a hard case - the most recent Review Conference of the Parties to the Treaty on the Non-proliferation of Nuclear Weapons (NPT RevCon) in May 2010 - this article argues that the EU not only challenged the low expectations traditionally afforded it in such a high politics negotiation but did so by both standing together and doing the splits. By maintaining a unified and visible EU presence coupled with the utilization of Member States' own diplomatic relationships within other negotiation groupings, the EU was able to spread its voice, act as an information 'conveyor belt' and ultimately enhance its role, in fact performing creditably - at least as well as the other major players. This article thus challenges perceptions that it is only by 'speaking with one voice' that the EU can make a difference in multilateral negotiations: suggesting instead that the EU can perform well and make an impact not by always speaking with one voice but with many.
Trade and Investment Relations between the European Union and Australia: For a Bilateral Economic Integration Agreement
Authors: Puig Gonzalo Villalta
Published: April 2022

The European Union (EU) is Australia's largest economic partner. It has been so for more than twenty-five years. Yet, the EU remains the only major trading and investment partner with which Australia does not have an Economic Integration Agreement, either in force or under negotiation. This article analyses the legal and policy issues that affect their trade and investment relations.

Despite the existence of an EU-Australia Partnership Framework, a declaration in the process of revision into an agreement, the article considers that attention diversion from larger trading and investment partners, for the EU, and opposition to the distortive effects of the Common Agricultural Policy (CAP), for Australia, are the two main reasons for the low priority that each party attaches to bilateral trade and investment liberalization with the other. Nonetheless, an Economic Integration Agreement is, it argues, a mutually beneficial strategy: there remain duties and other restrictive regulations of commerce on trade between the EU and Australia that are amenable to bilateral elimination in the interest of further trade creation without the subsequent potential for any significant trade diversion.

This article, aware of the difficulty of compromise over agriculture, makes a flexible and pragmatic call for a bilateral agreement on trade in services and trade-related investment measures. Services trade and investment are not sensitive areas for either party and an agreement to facilitate them would duly recognize the EU as Australia's largest partner for trade in services and its largest source and destination of foreign direct investment. It concludes that barrier reductions, if not their elimination altogether, in these two non-sensitive areas are likely to make up a significant proportion of the likely benefits of a comprehensive agreement. Their delay (or even loss) might outweigh the possible benefits from barrier reductions to sensitive sectors. Agriculture and other sensitive sectors that require further negotiation over a longer period of time could be the subject of built-in agendas.
Why the EU is Failing in its Neighbourhood: The Case of Armenia
Authors: Van Hoof Lieve
Published: April 2022

As the Arab Spring has made clear, the EU's strategic aim of being surrounded by a ring of secure, democratic, and prosperous friends has not yet materialized. While most previous analyses have found fault with inconsistent application of conditionality, this article locates the root of the problem with an the EU's institutional set-up. Starting from interviews and documentary analysis, it uses Armenia as a case study to demonstrate how competition within and between the European Parliament, the Council, and the Commission has led to internal, horizontal, and vertical inconsistencies that have seriously hampered the EU's capacity to promote reforms. If recent institutional reforms have been designed to address precisely these problems, sociological rational choice and historical institutionalism suggest that it remains to be seen to what extent these recent reforms and initiatives will be able to bring about a change substantial enough to make the EU more successful in its neighbourhood.

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The European Council and the CFSP after the Lisbon Treaty
Authors: Devuyst Youri
Published: April 2022

The Treaty of Lisbon has further reinforced the position of the European Council at the top of the Common Foreign and Security Policy (CFSP) decision-making hierarchy. This has encouraged the Heads of State or Government to go beyond their fundamental task of establishing the CFSP political priorities and strategic course, by attempting to take direct responsibility in CFSP crisis situations such as the Libyan revolt of 2011.This article reviews the European Council's CFSP performance since the entry into force of the Lisbon Treaty. The yardstick used in this assessment is the degree to which the European Council has managed to foster a common approach to the international foreign and security problems confronting the European Union. While the European Council has, in the past, been reasonably successful in shaping and establishing the basic structures for the CFSP and the Common Security and Defence Policy (CSDP), analysis shows that its intergovernmental nature and the sporadic character of its meetings make it entirely unsuited for the role of CFSP 'executive' in crisis moments. Through its institutional shortcomings as crisis manager, the European Council is itself a contributing factor fostering twenty-seven unilateral or sub-EU initiatives by Member States with a greater diplomatic tradition and capacity. It is therefore suggested that the European Council should come to a more effective division of labour with the Foreign Affairs Council whereby the Heads of State or Government focus on their longer-term structural and strategic tasks rather than on CFSP crisis management.
Explaining European Armaments Cooperation: Interests, Institutional Design and Armaments Organizations
Authors: DeVore Marc R.
Published: April 2022

Culminating in the creation in 2004 of the European Defence Agency (EDA), the post-Cold War development of European armaments organizations has impressed social scientists and policymakers alike as a momentous development. However, their theoretical diversity, prior analyses of armaments organizations err in their focus on recent organizations of a European character. The narrow focus on institutions tied to the EU has led scholars to neglect the long-term and incremental dynamics driving the development of armaments organizations on both a transatlantic and European basis. In fact, European states' participation in international armaments organizations is neither a recent phenomenon nor one that has historically been distinctly rooted in broader processes of European integration. By examining the development of European and transatlantic armaments organizations prior to the EDA, this article sheds new light on how this domain of international organization emerged and is likely to develop. Abstracting from the prior evolution of armaments organizations, this field is likely to continue to evolve along polycentric lines, with intergovernmentalism, rather than 'Europeanization' and 'Brusselization' remaining the motive forces for future change.
Apples and oranges? Comparing Chinese and European Perspectives on the EU as a Security Actor
Authors: Stumbaum May-Britt U.
Published: April 2022

This article aims to contribute to the research field of analyzing the external reception of European foreign policy by revealing differing meanings that European and Chinese analysts and policy-makers alike apply to key terms and concepts. These differences in meaning could present one factor that influences the diverging views of the EU's role between Chinese and European EU experts. Following the recalibration of the US foreign policy towards Asia-Pacific, also European pundits and policy-makers have been demanding a more active role in the region as well as engaging regional powers to joint efforts to cope with global challenges.

Concurrently, the academic debate is becoming ever more intense. But how is the EU's role in security affairs in the Asia Pacific seen from the rising power of East Asia, China? Do assessments and analyses in Europe and China match each other? Or deviate significantly? The article aims to give an overview of the current state of debate on the EU as a security actor in general and specifically in the East Asian region in European and Chinese discourses and to identify factors that cause differences between both perspectives. It thereby takes three examples: a different meaning of key terms, deviations in approaches and deviations in the overarching theoretical framework for analysis. Depicting the differing meanings might provide a starting point for a research agenda on the factors and filters that influence norm diffusion from the EU to Asia within its foreign and security policy.
The Empty Promise of Comprehensive Planning in EU Crisis Management
Authors: Mattelaer Alexander
Published: April 2022

This article puts forward the contrarian argument that the EU's 'comprehensive approach' does not exist as far as crisis response planning is concerned. This practical inexistence is the result of internal EU politics. The notion of a comprehensive approach is fundamentally driven by a functional need for effectiveness in crisis management, but this frequently clashes with the logic of intergovernmental decision-making prevalent amongst the Member States. The argument builds on an analysis of how EU crisis response planning arrangements have evolved over time and zooms in on topical ongoing debates such as the review of the EU's Crisis Management Procedures, the Comprehensive Approach Communication and the development of operational planning tools. The search for coordination mechanisms cannot be a merely technical quest for efficiency: as strategic coordination must follow a particular policy agenda it represents a battle for political influence. This runs against the EU's culture of dispersed authority and omnipresent checks and balances. The lack of policy coherence is therefore politically understandable and not necessarily 'bad'. Yet the current debate on the comprehensive approach ignores the dynamics of European politics and draws attention away from the bigger trends in European security.
CFSP Progress or Decline after Lisbon?
Authors: Wessels Wolfgang , Klein Nadia
Published: April 2022

In 2009, the Lisbon Treaty introduced major institutional innovations in the field of the Common Foreign and Security Policy (CFSP), including a High Representative with three hats, a European External Action Service (EEAS), a permanent chair of the European Council and - for the first time in EU integration - a form of carefully formulated flexible integration in military matters, namely the Permanent Structured Cooperation. Yet, compared to other policy fields equally characterized by severe concerns regarding the safeguarding of national sovereignty rights (Economic and Monetary Union (EMU);Area for Freedom, Security and Justice (AFSJ), the CFSP is much less integrated and the institutional and procedural opportunities as designed by the Lisbon Treaty are only used to a limited extent. Put in a long-term perspective, this article argues that these differences can only be explained when taking into account not only the level of supranationalization (internal factor), but also the structure of the international system and the interests of major powers (external factor). We explore the working thesis that the limited problem-solving pressure and the persisting European reliance on the United States in foreign and security matters has slowed down integration efforts in the field of CFSP. Given the weak performance of the CFSP post-Lisbon in the context of an emerging multipolar world order, we identify only incremental deepening and an inclination towards low level activities. However, the fuller use of the legal innovations of the CFSP might be triggered in the future by systemic shifts such as an accelerated shift of the strategic focus of the US away from Europe and towards Asia. In turn, future external shocks would increase the pressure on EU states to cooperate and to pool their foreign policy resources in the Union's framework more effectively.
The European Parliament and WMD Non-proliferation: Policy-Making Processes and Decision-Making Outcomes
Authors: Grip Lina
Published: April 2022

This article analyses the institutional context of the European Parliament and its powers to influence European Union (EU) policy related to weapons of mass destruction (WMD) non-proliferation. It explores the ways in which the Parliament has influenced policy by using its consultative, budgetary and legislative powers and concludes that while the outcomes to date have been modest, the Parliament's enhanced legislative powers make it an important actor in fulfilling the EU's objectives related to WMD non-proliferation, if it can overcome key institutional constraints.
The EUs Non-proliferation Strategy Ten Years On
Authors: Cottey Andrew
Published: April 2022

2013 marked the tenth anniversary of the European Union's Strategy Against the Proliferation of Weapons of Mass Destruction. Since 2003 the EU has taken significant strides in institutionalizing cooperation on non-proliferation policy and establishing itself as an actor in the sphere of non-proliferation. The EU is now a prominent player in all the major multilateral frameworks relating to non-proliferation and WMD arms control, as well as a leading provider of financial and technical assistance in support of non-proliferation. The impact of the EU's non-proliferation strategy, however, has been less than might have been hoped. In the main multilateral arms control and non-proliferation frameworks, the EU has come up against basic political obstacles that cannot be easily overcome. In terms of key countries and regions of proliferation concern, the EU lacks the leverage to decisively shape the WMD-related decisions of the states concerned. Nevertheless, the EU's non-proliferation strategy is a sensible one: the Union's Member States share an important interest in constraining WMD proliferation, their ability to advance this objective is increased by acting collectively and there is no readily available alternative strategy. The lessons of the first decade of that strategy, however, are that there are limits to what the EU can achieve in the sphere of non-proliferation and that progress will be incremental rather than dramatic.
The EU and the Shifts of Power in the International Order: Challenges and Responses
Authors: Santander Sebastian
Published: April 2022

This article revisits the debate about the place of Europe on the international stage. Faced with the growing power of emerging countries, what place can the European Union (EU) hope to occupy? In other words, is the world in the process of developing outside Europe, or is Europe positioning itself as one of the principal centres of the international order? In attempting to answer this vast and complex question, the article will examine three points. The first will look at the distribution of global power through the rise of emerging powers. Second, it will examine Europe in the light of changes affecting the international order. There are opposing interpretations. The vision of a Europe in decline is contrasted with arguments that present the Union of twenty-eight Member States as one of the leading poles of the new, emerging international order. The exaggerated nature of these visions persuaded us to favour a third way - that of a European player with relative influence, but 'under construction'.
Member States Prior Agreements and Newly EU Attributed Competence: What Lesson from Foreign Investment
Authors: Pantaleo Luca
Published: April 2022

Among the many changes introduced by the Treaty of Lisbon, one of the most significant ones is the introduction of a new EU exclusive competence concerning foreign investment, as part of the common commercial policy. The exercise of such competence has given rise to several controversial issues, in particular as regards the status and the future of Member States Bilateral Investment Treaties (BITs) concluded before the attribution of this new competence to the EU. This article considers whether Member States BITs can be safeguarded by an application by analogy of Article 351 TFEU, in the same manner as pre-accession agreements. The analysis will include but extend beyond Regulation No. 1219/2012, which attempts to provide a sound legal regime of a transitory period only.
Soft Diplomacy and People-to-People Dialogue between the EU and the PRC
Authors: Burnay Matthieu , Hivonnet Joëlle
Published: April 2022

The aim of this article is threefold. Based on academic literature in the field, the first step is to understand the link between 'soft power', 'public diplomacy' and 'soft diplomacy' tools in order to set out the criteria necessary to define what 'soft diplomacy' is and assess whether the P2P is indeed a soft diplomacy tool in the EU-China relationship. Second, a close examination of the diplomatic toolboxes of both the EU and China will demonstrate the benefits of using soft diplomatic instruments to consolidate and further expand the EU-China Strategic Partnership. Third, as the P2P appears as a complementary new tool rather than as a substitute for 'hard diplomacy', it will be evaluated as a precious tool used by the EU and China to try and shape cooperation through governmental as well as non-governmental relations.
The Role of Culture in EU-China Relations
Authors: Reiterer Michael
Published: April 2022

While the importance of culture in international relations was recognized during the ideological competition of the Cold War, the 'end of history' also wrongfully led to disregard this important element until the Arab Spring and Islamic fundamentalism sounded an alarm clock. On the other hand, modern diplomacy is no longer exclusively based on politics and economics but adds the people-to-people and cultural pillar which is transnational in nature. In implementing this approach the EU appears at first side hindered by the Member States' reluctance to concede competences in culture and education to the European level while leveraging European strength based on diversity and tolerance is a particularly important tool when dealing with a large partner like China which does not share core values with the EU while presenting an Asian model of success at least in terms of economic development. Choosing China as test case for starting a European cultural diplomacy with the potential of world-wide enlargement is a bold project which allows studying the various facets of culture and cultural diplomacy as well as the relevant discourses.As the initiative emanated from the European Parliament which subscribes to the notion of 'European culture' some expected obstacles did not occur although the implementation of the concept still needs further political traction.
The External Activities of AFSJ Agencies: The Weakness of Democratic and Judicial Controls
Authors: Vara Juan Santos
Published: April 2022

The substantial autonomy enjoyed by Area of Freedom, Security and Justice (AFSJ) agencies in developing their external relations does not mean that they are immune to political nor judicial controls. Given the fact that from the perspective of fundamental rights AFSJ agencies are acting in a particularly sensitive area, it is essential that their activities are subject to democratic control and remain fully accountable. As a result of the vast diversity of EU agencies in place, analysing the legal nature of their external action can prove to be a particularly complex task. The aim of this article is to examine the legal and political framework of the external dimension of AFSJ agencies as a whole, on the basis of the external relations developed so far. In the light of the implications that the activities of AFSJ agencies may have for fundamental rights, it is submitted that the governance and control of this kind of agencies continue to raise many concerns. Unfortunately, in the new Strategic Guidelines for legislative and operational planning of AFSJ for the period between 2015 and 2019 no attention is paid to the legal and political framework of the external dimension of AFSJ agencies.
Military in Mali: The EUs Action against Instability in the Sahel Region
Authors: Lavallée Chantal , Völkel Jan Claudius
Published: April 2022

The conflict eruption in the Sahel during the last years has provoked new challenges for the European Union's security architecture. Notably the toppling of Libyan long-time leader Muammar al-Qaddafi in summer 2011 negatively affected many countries' stability in the adjacent Sahel region. The EU's 'Strategy for Security and Development in the Sahel' in March 2011 suggested a combination of soft and hard policies to foster stabilization and political progress in line with the 2003 European Security Strategy through a Comprehensive Approach. This article analyses to what extent the EU's actions in the region have indeed contributed to conflict resolution. It evaluates the overall effectiveness of the implementation of the EU's Comprehensive Approach, and underlines five critical aspects that might provoke rather worse than better results in the Sahel. The guiding hypothesis is that the increased use of military means lowers the EU's impact on peaceful conflict resolution in the region, as the lost impartiality hinders its chances for civilian success. The Malian malaise, therefore, poses fundamental questions for the EU's Comprehensive Approach towards security and stability - particularly at times when in Brussels the European Neighbourhood Policy and the European Security Strategy are under thorough review.
Politicization of Humanitarian Aid in the European Union
Authors: Dany Charlotte
Published: April 2022

Against a background of a generally perceived trend towards the politicization of humanitarian aid, this article reviews recent policies by the European Commission as one of the biggest donors of humanitarian aid worldwide. It aims to show how the European Union’s (EU’s) Comprehensive Approach and the Resilience Strategy, in particular, contribute to the politicization of humanitarian aid. Thereby the article focuses on contestation in policy-making about fundamental humanitarian principles: neutrality, impartiality and independence–. It challenges the common wisdom that the EU’s humanitarian aid is void of any political or security interest. Contestation between different stakeholders reveals that humanitarian aid is being politicized, despite the EU’s strong commitment to humanitarian principles, as its policies blur the lines between humanitarian aid, security and development cooperation. The article also highlights the role of Non-governmental Organizations (NGO) in challenging and influencing this particular part of EU foreign policy.
The European Union and the African Union: A Strategic Partnership?
Authors: Rein Conrad
Published: April 2022

Despite a rhetorical emphasis on the problematic term ‘strategic’ by both European Union (EU) and African Union (AU) policymakers, cooperation between both actors is limited and lacking in strategic direction. Their cooperation focuses mainly on EU financial support for activities led by the AU and the Regional Economic Communities/Regional Mechanisms. These activities are largely limited to the subject of peace and security through the African Peace Facility and other highly specific projects in Africa, as well as on a limited political dialogue. Nonetheless, the EU-AU link represents the most comprehensive partnership the African Union has with any non-African actor. This study will furthermore demonstrate that the United Nations (UN) is an indispensable third party to their relationship and it is therefore more appropriate to speak of the AU-EU-UN nexus. This article concludes that the AU-EU-UN nexus is an innovative evolving interregional partnership in a global context and that such interregionalism (institutional relations between two or more world regions) is an important emerging part of a new era of global governance.
Euronest: What Drives Inter-Parliamentary Cooperation in the Eastern Partnership?
Authors: Petrova Irina
Published: April 2022

The regional inter-parliamentary cooperation assembly, Euronest, has been described in the context of the Eastern Partnership (EaP) policy, yet not conceptually analysed. This article therefore aims to focus on the identification of the driving forces behind multilateral parliamentary cooperation in the EaP region. Following a literature review, three conceptual interpretations of the drivers of inter-parliamentary cooperation can be pointed out: institutionalization, socialization and parliamentary diplomacy. The research shows that all the three possible explanations play a role in driving the Euronest Parliamentary Assembly. Parliamentary diplomacy, including both formal and informal tracks, is concluded to play the leading role in the development of Euronest. Institutions, such as secretariats and political party families, have a lot of potential but are still in their infancy. Socialization is seen as a goal of Euronest, but with serious limitations.
Messenger Matters: European Union Studies Outside Europe and Public Diplomacy by Proxy
Authors: Yang Yifan
Published: April 2022

Public diplomacy has gained worldwide acceptance due to its role in engaging foreign publics and fostering mutual understanding. However, as an integral part of public diplomacy, a message on its own cannot necessarily generate the expected effect among target groups. By drawing upon the two-step flow of communication theory, this article discusses the credibility of messengers in public diplomacy and the practical necessity of public diplomacy by proxy. Through looking at the Jean Monnet Programme, one of the European Union (EU) studies programmes launched by the EU, and its implementation in China, the article aims to develop an understanding of how EU public diplomacy by proxy is implemented towards target countries.
Home Alone? The US Pivot to Asia and Its Implications for the EUs Common Security and Defence Policy
Authors: Wolf Reinhard , Gareis Sven Bernhard
Published: April 2022

With the signing of the Trans-Pacific Partnership agreement in 2015 and President Obama’s visits to Asian states in 2014 the long-proclaimed US pivot to the Asia-Pacific has gained momentum. The US move is of strategic significance and poses new challenges to Europe while also opening new opportunities: Though the transatlantic ties will probably remain strong, the Europeans cannot rule out further significant reductions in the US engagement on the ‘old continent’ as a consequence of a possible deterioration of the situation in Asia. Europe will therefore have to make stronger efforts with respect to its own security. A European Union that takes the necessary measures to overcome its foreign policy divisions would become better situated to maintain peace and stability in its area of influence. To achieve this, Europe needs to effect a paradigm shift that renders its Common Foreign and Security Policy more concise and coherent and thus enhances its actorness in International Relations. This might even include the establishment of common European armed forces. Without deeper defence integration European countries might well end up as an assembly of marginalized political dwarfs.
The European Unions Cosmopolitan Foreign Policy Constitution and Its Disregard in Transatlantic Free Trade Agreements
Authors: Petersmann Ernst-Ulrich
Published: April 2022

The universal recognition of human rights promotes international ‘cosmopolitan law’ protecting rights and judicial remedies of citizens in ever more fields of international regulation. Yet, even though free trade agreements (FTAs) protecting rights and remedies of citizens have been uniquely successful in European integration, the European Union (EU)’s ‘cosmopolitan foreign policy mandate’ is increasingly disregarded in FTA negotiations with non-European countries. The EU’s transatlantic FTAs risk undermining fundamental rights and judicial remedies inside the EU. Citizens rightly challenge the interest group politics in designing transatlantic FTAs and the EU’s neglect for participatory and deliberative democracy in EU trade policies on regulating international markets.
Migration, Mobility and the Challenge of Co-ownership Exploring European Union-Tunisia Post-Revolutionary Agenda
Authors: Zardo Federica
Published: April 2022

Soon after the jasmine revolution and the fall of Ben Ali’s regime in 2011, the migration and mobility dossier immediately entered the cooperation agenda between the European Union (EU) and Tunisia and dominated bilateral negotiations. The signature of the Joint Declaration for a Mobility Partnership was an important breakthrough in EU-Tunisia cooperation, since after decades of stalemate, the agreement allegedly sealed a new mutual will to cooperate in a sensitive policy area. Despite its pivotal role in the ‘new turn’ in EU-Tunisia relations, and against the EU declared quest for strengthened co-ownership, this contribution argues that the first steps of the EU-Tunisia Privileged Partnership in the realm of migration tend to replicate rooted dynamics rather than breaking with the past.

It is contented that the permanence of deep institutional embeddedness in times of volatile transition limited the leeway of the Tunisian government, confirm the asymmetric nature of the relationship and questions the possibility for future cooperation priorities to be truly co-owned.
From Single Voice to Coordinated Polyphony EU Energy Policy and the External Dimension
Authors: Richert Jörn
Published: April 2022

EU energy policy has often been criticized for disregarding external developments and for not speaking with a single voice in international affairs. Based on a broadly constructivist perspective, this article argues that such criticism is unwarranted. By analysing discursive and institutional changes in internal and external EU energy policy between 2000 and 2016, the article makes three major points. First, external developments were major drivers of the EU’s internal policymaking. Second, EU external energy policy has changed substantially over time and has made important steps towards the creation of a ‘single voice’. Third, such ‘single voice’ should not be taken as the only relevant attribute of EU external energy policy. Drawing on complexity theory and the EU external governance literature, the article argues that Europe should begin to regard its ‘polyphony’ as an asset rather than a burden – it should strive for many voices carrying coordinated messages.
The Role of Experts in the European Defence Agency: An Emerging Transgovernmental Network
Authors: Calcara Antonio
Published: April 2022

The European Defence Agency (EDA), thanks to the adoption of a large number of strategic documents and its expertise in the formulation of collaborative projects, has become a crucial player in the European defence field. However, the role of the EDA and the everyday practices of the people that work in and collaborate with the Agency remain to be studied systematically. No empirical studies have been conducted to assess the EDA ‘hybrid’ way of working that includes European, governmental and non-governmental experts.

The article argues that the EDA is at the core of an emerging transgovernmental network of European defence experts and professionals, that are able to share best practices, ‘know how’ and develop common norms of communication. This transgovernmental network of experts is generating a process of informal socialization among defence practitioners, it is shaping Member States’ defence planning in research and technology (R&T) activities and, in general, it is legitimizing the role of EDA in the broader EU institutional context.
Towards a Substantial EU-Japan Partnership
Authors: de Prado César
Published: April 2022

The EU and Japan have spent decades normalizing trade links and attempting broader cooperation. In July 2017, political leaders agreed in principle to an economic partnership agreement (EPA) and to a strategic partnership agreement (SPA) hoping to enhance collaboration on economic, political, security and other issues, all buttressed by fundamental values of democracy, human rights and the rule of law. The agreements will likely be finalized and ratified this decade, so a more substantial partnership between the EU and Japan may unroll in economic and security fields as both sides adjust and converge their economic models and security paradigms. Yet, a comprehensive partnership based on shared values would take much more time to develop and galvanize the peoples of both sides.
Mediation Through Recontextualization: The European Union and The Dialogue Between Kosovo and Serbia
Authors: Musliu Vjosa , Gashi Krenar
Published: April 2022

The EU-facilitated dialogue between Belgrade and Pristina has been hailed as a major achievement for the European Union’s (EU) foreign policy as well as for the ‘European future’ of Kosovo and Serbia, since it started in 2011. Looking at EU discourse – speeches, statements and press releases – this article problematizes the logic of the dialogue, its aims in the process and its outcomes. Using the framework of ‘recontextualization’, developed by Van Leeuwen and Wodak, we explore how the EU is substituting elements of the dialogue and adding elements that are not intrinsic to the process, which then create ambiguities which we problematize. We argue that ambiguities are not limited merely to the outputs of the dialogue, such as agreements, but they also obscure the very meaning of the dialogue for the EU, for Kosovo and Serbia, as well as for EU’s relations with both countries.
The Non-Ratification Scenario: Legal and Practical Responses to Mixed Treaty Rejection by Member States
Authors: Kübek Gesa
Published: April 2022

The near-death of the EU-Ukraine Association Agreement and Comprehensive Economic and Trade Agreement (CETA) painfully illustrated that the conclusion mixed agreements, i.e. agreements that list the EU, its Member States and a third party as contractors, may be derailed by a negative vote of (sub-)national decision-makers. Such a non-ratification entails a problematic conundrum: Despite the requirement for national ratification under international law, a Member State violates the EU’s legal principles of conferral and loyal cooperation when vetoing a mixed treaty in its entirety. The present article argues that the Member States are not competent to reject the EU exclusive parts of a mixed treaty in their own right. It suggests that the EU’s and the Member States’ legal authority to ratify mixed agreements is contingent on who owns and who exercises treaty-making power for substantive components and outlines several practical ways to align national (non-)ratification with the EU’s law on competences and procedure.
The Syria Conflict and the Euro-Med Refugee Crisis: An Opportunity to Enhance the Common Foreign and Security Policy?
Authors: Mason Robert
Published: April 2022

The Syrian conflict, including the intervention of external actors and foreign fighters, has caused the greatest humanitarian crisis since the Second World War and a new wave of refugees seeking asylum in the European Union (EU), along with other economic migrants. Many of them have been aided by illegal people traffickers and have landed in Greece from Turkey, on Italian islands such as Lampedusa, been picked up by assets under operation Triton conducted by Frontex, the EU’s border agency, or drowned at sea. Since the Arab Uprisings started in 2011, there has been an acknowledged threat in the EU from political instability and insecurity in the Mediterranean region. However, a lack of specific, integrated and substantial EU Mediterranean responses has meant that the EU has struggled to address the insecurity and humanitarian situations. There has also been limited inter-regional cooperation to address the long-term drivers of migration. This article highlights the EU response to the Syrian refugee crisis in particular, within the context of an evolving Common Foreign and Security Policy (CFSP) and how some revisions to it could address a series of negative dynamics such as people trafficking, conflict and a lack of development.
Asymmetric Perceptions of EU Relations with the near Eastern Neighbours: The Republic of Moldova, Ukraine and Belarus in Comparison
Authors: Kleinschnitger Katharina
Published: April 2022

The European Neighbourhood Policy (ENP) aims to develop ‘privileged relations’ with the eastern and southern ‘neighbours’ of the enlarged EU. What exactly these privileged relations entail is still not clear, and the tailored Action Plans do little to clarify this point. Twelve years after launching the ENP, it is time to take stock of the relations between the EU and its target countries. ‘One size fits all’ is old news. Focusing on the eastern dimension of the ENP, this contribution examines Germany’s internal perception of individual EU relations with the ‘near’ neighbours of the Eastern Partnership (EaP). The central questions are as follows: How are the relations between the EU and the eastern EaP countries, Belarus, the Republic of Moldova and Ukraine, framed by leading German press outlets and what (changing) images are communicated when it focuses on individual EU relations with the neighbours to the East? Finally, what do these frames and images mean for the EU’s outlook towards the eastern neighbours?
Successful Crisis Management? Evaluating the Success of the EU Missions in the Western Balkans
Authors: Usanmaz Efe
Published: April 2022

This article focuses on the achievements and shortcomings of the EU’s CSDP missions in the Western Balkans. The question addressed is: to what extent are the EU crisis management missions successful in accomplishing their objectives in the Western Balkans? The study analyses the cases of EUFOR Althea in Bosnia Herzegovina (BiH) and EULEX Kosovo, which operate until today and are the largest military and rule of law missions in the Western Balkans. Rather than studying the policy-making process that leads to the initiation of these missions, this article focuses on their implementation and assesses to what degree they have achieved their goals. In doing so, the article builds on analytical frameworks from studies that focus on the implementation of the CSDP missions, it utilizes mission reports and the findings from semi-structured interviews. The article argues that EUFOR Althea fulfilled the 2004 and 2007 mandates, but not all the goals of the latest 2010 mandate. Consequently, the mission successfully contributes to a safe and secure environment in BiH. On the other hand, EULEX Kosovo faces many constraints to fulfil its goals, especially regarding the remediation of the Kosovar judiciary and providing a safe and secure environment in the north of Kosovo. These hinder the success of the mission, despite the achievements for supporting the Kosovar Police and Customs.
Jean Monnet Projects and the Possible Impact on Chinese Youth’s Perception on the EU
Authors: Li Zhuyu , Shi Jian , Langjia Zeren , Yi Dan
Published: April 2022

The European Commission celebrated the 30th anniversary of the Jean Monnet Activities in 2019. Thus, it is the optimal time to review the impact of Jean Monnet activities on external perception on the EU and its integration. The article, with its focus on Chinese youth’s perception, has employed comparative analysis of 5446 effective samples of the Survey on ‘How Chinese College Students Perceive the EU’, which was conducted among twenty-three universities around the country during the 2016-2017 academic year. The article concludes that firstly, Chinese college students mainly take in information in a more passive fashion and their opinions on foreign affairs including EUrelated issues are overwhelmingly influenced by domestic macro-media reports or education; secondly, while students from universities with and without JMPs (Jean Monnet Projects) hold less divergent views on the general information about the EU and international relations in a wider sense, those respondents from universities with JMPs do perform better when it comes to EU-specific knowledge, such as the number of EU Member States, its motto and its institutional composition; thirdly, the comparative study on universities with and without JMPs has demonstrated that JMPs have produced some influence, but the impact is particularly limited, which is woefully insufficient to shape the general perception of Chinese college students on EU-related issues; and finally, Chinese college students come to be rather conservative regarding the items that imply a certain sense of politics, and this type of conservative tone, along with certain sort of nationalist sentiment, is deeply ingrained. The article ends with some policy recommendations.

The EU, Jean Monnet Projects, Impact, Chinese youth, Perception
The European Commission’s Discourses on Sustainable Development in ‘Trade for All’: An Argumentative Perspective
Authors: Kuang Shuxiao
Published: April 2022

The Transatlantic Trade and Investment Partnership (TTIP) negotiations triggered unprecedented contestation over the European Union’s (EU’s) domestic policy space for sustainable development. Whilst extant studies reveal the conflicts between norms and institutions of EU trade politics on sustainable development, and highlight the significance of sustainability in countering neoliberalism, they seldom analyse the incremental steps toward sustainable development achieved by the contestation of TTIP. This article addresses that gap by drawing on an analytical framework that regards political discourse as argumentation for action, which is both constrained and enabled by institutional context (I. Fairclough & N. Fairclough, Political Discourse Analysis: A Method for Advanced Students (Routledge, 2012a).). Based on a textual analysis of policy documents on ‘Trade for All’, there are two significant findings: (1) the public contestation on TTIP triggered the European Commission’s (the Commission) practical arguments on sustainable development in ‘Trade for All’ trade strategy; (2) the Commission adapted its original proposal of measures on sustainable development in light of other actors’ criticisms in the implementation of ‘Trade for All’. Taken more broadly, this innovative analytical framework, and my empirical findings, will make a contribution to a research agenda which clarifies obstacles and opportunities for alternative, counter-hegemonic trade policies.

European Commission, Sustainable Development, TTIP, Trade, Political Discourse, Practical Argument
Cour de Cassation (liére Chambre) – Hof van Cassatie (1e Kamer) (Belgique/Belgium/Belgien)
Authors: De Keyser Anca
Published: April 2022

Abstract. Responsibility of the state for faults committed in the course of the administration of justice. Principle and conditions of application. 1. Consequences resulting from the personal exemption enjoyed by the institutions of the state, in particular judges and officials of the ministere public. 2. Consequences resulting from the judicial nature of the act which causes loss and of the principle of res judicata. 1. The responsibility of the state is not necessarily excluded by the fact that the institution itself may not be liable for the act which causes loss even though it may have issued the act, either because the institution cannot be identified, or because the act cannot be regarded as a fault on the part of the institution (. . .), or because this act is a fault but the institution itself is personally exempted from liability. The state may, in general, be regarded as responsible for the loss resulting from a fault committed by a judge or an official of the ministere public where such a person has acted within the limits of his or her statutory powers, or would reasonably be regarded as having acted within these limits. 2. The principles of the separation of powers, the independence of the judiciary as well as the principle of res judicata do not imply that in general terms the state is protected from the obligation to make good the damage caused to another by its fault or by the fault of its institutions in the course of the administration of justice, in particular in the course of the performance of those acts which directly constitute the object of the judicial function. However, if the fault committed by a judge or by an official of the ministere public constitutes the direct object of the judicial function, the claim for compensation of loss cannot, in general, be accepted unless the act in question has, on the grounds of violation of an established legal principle, been removed, amended, annulled or withdrawn by a decision which itself has the authority of res judicata and the original act does not itself now have the authority of res judicata.
Training the European legal practitioner: An English perspective on vocational training and the role of the Academic Law School in its provision
Authors: Hillyer Joy V.
Published: April 2022

Abstract. This is a slightly modified text of a paper given to the 1992 annual conference of the Society of Public Teachers of Law, Oxford. It concerns the legal education of English lawyers as European legal practitioners, particularly their education in community law, the current position revealed by empirical research into the education and training of solicitors, and likely future developments in vocational and academic stages of training, and the relationship between them.
Product Liability in the United Kingdom
Authors: Howells Geraint G.
Published: April 2022

Abstract. The author has mixed views on product liability, which whilst giving justice to some consumers depends of the forensic lottery and the ‘good fortune’ of being injured by the product of a solvent producer. Yet he argues that the EC directive and its UK implementation are far from perfect and are in need of reassessment in 1995.

Résumé. Les différents regards que porte l’auteur sur la responsabilité du fait des produits lui permettent de retenir que la justice qui est rendue aux consommateurs dépend de la loterie judiciaire et de la ‘chance’ d’avoir été atteint par le produit d’un producteur solvable. Dès lors il estime que la directive communautaire et son implantation au Grande Bretagne sont loin d’être parfaits et nécessitent d’être réévaluées en 1995.

Zusammenfassung. Der Autor hat einige Gesichtspunkte zur Produkthaftung zusammengestellt, die – während sie einigen Verbrauchem Gerechtigkeit zu Teil werden läßt – von einer ‘forensischen Lottery’ und dem ‘guten Glück’ abhängt, durch das Produkt eines solventen Herstellers geschädigt zu sein. Ferner führt er aus, daß die EG-Richtlinie und ihre Umsetzung in England weit von der Perfektion entfemt ist und eine Neubewertung im Jahr 1995 braucht.