bluuebunny/crossref_metadata_2025 huggingface dataset:
The Impact of Institutional Change on Foreign Policy-Making: The Case of the EU Horn of Africa Strategy
Authors: Webersik Christian , Henökl Thomas
Published: April 2022

The EU's post-Lisbon institutional setting not only opens the possibility for a more coherent and comprehensive response to crises, but also poses the problem of coordination and cooperation among a number of independent actors at the EU and at the EU Member State levels as well as from the international donor community. Actors involved in foreign policy, development and humanitarian work have different agendas. The 'Joint Humanitarian-Development Framework approach' used as an example in this article aims at addressing this challenge, whereby EU staff in delegations, headquarters, as well as Member States, international organizations, development and humanitarian agencies, and national counterparts need to understand each other's perceptions, objectives and motivations in order to agree on a common framework for action. Drawing on inside evidence from the European Commission (DG DEVCO and DG ECHO) as well as the European External Action Service, the study aims at analysing the institutional interplay between the different actors involved in designing and implementing the EU's comprehensive approach to foreign and development policies.
The EU as a Global Health Actor: Policy Coherence, Health Diplomacy and WHO Reform
Authors: van de Pas Remco , Battams Samantha , van Schaik Louise
Published: April 2022

This article explores the European Union's (EU) role and position on global health, including its role in the World Health Organization (WHO), and the impact of the Lisbon Treaty. Struggles over the implementation of the Lisbon Treaty potentially undermine the EU's ability to speak with one voice and its effectiveness. EU influence is determined by the remit of the EU (defined by competences outlined in the Treaty on the Functioning of the EU,TFEU), as well as the specific rules and procedures of international institutions. Based on empirical research, we considered the role of the EU in global health, via policy and policy coherence across the EU when it came to health matters (including the WHO reform) and through EU representation within multilateral fora. We conclude that the EU is a significant player in global health. It has established global health policy and played a leadership role in negotiating international health agreements. It has had a coordinated voice at the WHO, whilst being less cohesive in other multilateral health fora. Effectiveness of EU representation at the WHO was affected by a number of factors, including Member State's (MS) trust in EU representation and reluctance to cede competence on health matters, lack of EU flexibility in negotiations, lengthy EU coordination processes, MS vying for influence within the EU, and MS rather than EU engagement in behind the scenes and 'soft power' diplomacy. Vertical and horizontal integration within and across the EU also determined EU influence within international organizations. The Lisbon Treaty also had limited impact due to MS and others' concerns about the EU acting on institutional matters. The results are considered in light of the role that global health plays within foreign policy, the multitude of global health actors and prior theory and research on the EU's role in multilateral governance.
Caring for Citizens Abroad: The European Union and Consular Tasks
Authors: Meuwissen Katrien , Duquet Sanderijn
Published: April 2022

Since the early 1990s, the European Union has been working to establish a common framework ensuring consular protection for Union citizens in third countries. In the meantime, the practical need for consular assistance of unrepresented Union citizens in third countries has only increased, resulting in the progressive elaboration of the Union's legal and institutional framework necessary to deliver such assistance. This article discusses the law, policies and practices that are in place and those to come, taking account of the 2011 Commission proposal for a Directive and the real-life alterations in consular protection the proposal may effectuate. In spite of favourable conditions for further development of common consular protection, various legal, institutional and political hurdles continue to impede an effective and coherent implementation of the individual right to consular protection of Union citizens.
The Diffusion of the EU Asylum Acquis in the Eastern Neighbourhood: ATest for the EUs Normative Power
Authors: Mananashvili Sergo
Published: April 2022

By analysing the existing European Union's (EU's) channels of norm diffusion and the extent to which the EU asylum acquis has been emulated in the Eastern Neighbourhood, this article aims at testing the theory of the EU's normative power. It is argued that despite the fact that the EU acts as a normative power in the Eastern Neighbourhood, in the field of asylum, this does not always lead to having real normative power. This is caused not only by diverging agendas between the EU and the third countries concerned, but also by the inconsistent application of the principle of conditionality on the side of the EU and especially by the EU's recent trade-in of its normative power for high politics, all of which has negative consequences for people in need of international protection.
EU Sanctions in Response to Intra-state Conflicts: A Comparative Approach
Authors: Vink Maarten P. , Kopraleva Iva
Published: April 2022

Restrictive measures (or sanctions) form an important part of the European Union’s (EU’s) foreign policy toolbox. Studying the conditions under which the EU imposes sanctions is therefore imperative for understanding EU’s role in the global arena. This article aims at modelling the use of EU sanctions particularly in response to intra-state conflicts in its neighbourhood. Four variables (trade linkage with the EU as whole; trade linkage with individual Member States; democracy level of the potential target state; and violence level of the intra-state conflict) are tested against data from ten intra-state conflicts from EU’s neighbourhood using a comparative mixed-method methodology of fuzzy-set analysis and process-tracing. We identify the lack of strong trade linkage between individual Member States and the potential target state as a sufficient condition for the imposition of sanctions. In addition, the presence of bilateral trade links is a necessary, and if the potential target state is a democracy, sufficient condition for the non-imposition of sanctions.
The EUs Transformative Power Challenged in Ukraine
Authors: Giusti Serena
Published: April 2022

Moving from the analysis of the EU’s actions in the Ukrainian crisis, this article aims at opening a reflection on certain traditional taxonomies such as civilian, normative and transformative power that have shaped the debate on both the EU ontology and its external manifestation.1 While the peculiarity of the development of European integration might have quite spontaneously produced a normative power, on the external front the application of this power requires a political drive. The recent policies – ENP, EaP – promulgated to stabilize and restructure the EU’s neighbourhood through the diffusion of norms have undoubtedly geopolitical implications. It is not yet clear whether these policies are simply replicating the enlargement rationale (although not contemplating membership), or, rather, they are part of a power politics project dissimulated under a normative veil. The EU responded to Russia’s aggressiveness in an ‘unreflective’ way, a procession of ‘patterned actions’ with limited efficacy. The EU’s performance in Ukraine reveals both a lack of analytical capacity in the elaboration of policies directed to the neighbourhood and of tactical planning for facing up to the consequences of those policies.
Democratizing EU External Relations: The European Parliaments Informal Role in SWIFT, ACTA, and TTIP
Authors: Meissner Katharina
Published: April 2022

Since 1958, the European Parliament (EP) has come a long way from being a talking shop to being a powerful legislative organ. In the European Union’s external relations, the EP’s role was initially very weak, when it was sometimes not even consulted on international agreements. The Lisbon Treaty strengthened the parliamentary role in external relations covering policies where the ordinary legislative procedure applies by ascribing the EP the right to ratification of international agreements. Formally limited to voting on final agreements, the EP has widely expanded its informal role in external relations since the Lisbon Treaty’s entry into force in December 2009. Now, its role goes beyond the provisions as laid out in the Lisbon Treaty and even the role of national parliaments in international agreements. Since the negotiations on a Transatlantic Trade and Investment Partnership (TTIP), the EP has been active at all stages of negotiations – negotiation directives, negotiation rounds, ratification of agreement, and implementation of agreement – which activities reach as far as influencing the agreements’ substance. Analysing with what strategies the EP has achieved this involvement – by providing original data from fifteen semi-structured interviews with EU officials – this article assesses the EP’s informal role in the negotiation of international agreements since the Lisbon Treaty in three in-depth case studies: the SWIFT agreement, the Anti-Counterfeiting Trade Agreement (ACTA), and the ongoing TTIP negotiations.
Historical Forms of US-European Cooperation: Combination or Only Coordination?
Authors: Henrikson Alan K.
Published: April 2022

A review of the historic modalities – potential and actual, proposed and real – of transatlantic cooperation reveals a basic difference between two forms: the one tending towards combination of resources and effort, implying a federal or some other kind of formal organization, even nominal ‘union’; the other favouring, instead, coordination, allowing for independence of action but nonetheless encouraging practical partnership in many areas of policy and also geographic places. A ‘structural’ approach to strengthening transatlantic leadership, which the author himself supports, does not necessarily imply an elaborate architecture. What it does require, beyond formation of a Leadership Group (however named and constituted), is a wider awareness of the existence of an ‘Atlantic community’, a well-articulated and shared concept of it, and, moreover, a new recognition of the Atlantic pan-region as itself a ‘pole’, among poles, in today’s multipolar world.
Rule-Makers or Rule-Takers?: An American Perspective on Transatlantic Trade and Investment Partnership
Authors: Hamilton Daniel
Published: April 2022

The Transatlantic Trade and Investment Partnership (TTIP), currently under negotiation by the United States and the European Union is not just another free trade agreement but a means for both parties to move beyond old bilateral disputes to reposition themselves for a world of diffuse power and intensified competition. Economically, TTIP is an effort to generate jobs and growth on each side of the Atlantic by going beyond traditional at-the-border trade tariffs to tackle regulatory differences in ways that can enhance rather than block growth without lowering standards; and to use transatlantic agreement on such high standards to maintain and lift international standards. Geopolitically, TTIP can be both a symbolic and practical assertion of Western renewal, vigour and commitment; is an important means to engage rising powers on the terms of their integration into the international order; and is a potentially important instrument to bolster that order.
The State of the Transatlantic Alliance
Authors: Goldgeier James
Published: April 2022

The North Atlantic Treaty Organization has much to be proud of since the end of the Cold War more than a quarter century ago, including enlargement across Central and Eastern Europe, the protection of the Kosovar Albanians, counterterrorism missions in the Mediterranean, the delivery of humanitarian assistance to Indonesia after the tsunami, and counter-piracy operations in the Indian Ocean. The operations in Afghanistan and Libya ultimately did not produce desirable outcomes after achieving their initial goals, but both of those endeavours demonstrated the strong intra- Alliance collaboration as well as cooperation with external partners. The main causes of concern for the Alliance have been the continued low levels of defence spending by Canada and most European allies, the renewed threat posed by the Vladimir Putin regime in Russia, and the refugee crisis that has divided Europe and decreased the sense of security across the continent. Despite the crises and the sense of doom that pervades United States and European capitals, the transatlantic Alliance is likely to endure. There are enough shared values and interests to provide a strong foundation for close relations in the face of the enormous political, economic, and social turmoil that will continue to confront decision makers. In many ways, the United States and Europe have no choice but to maintain an Alliance that has served them so well.
The Prospects for Transatlantic Leadership in an Evolving Multipolar World
Authors: Schunz Simon
Published: April 2022

This article explores the prospects for joint leadership by the United States (US) and the European Union (EU) in an evolving multipolar world. Arguing that multipolarity leads to a highly differentiated global system, it conceptualizes global order as negotiated order revolving around issue-specific global governance arrangements subject to constant negotiation processes. In this context, transatlantic leadership depends not only on a US and EU willingness to lead individually and collectively, but especially on their capacity to define joint purposes and mobilize followers in issue areas relevant to global order. To test whether the two parties fulfil these conditions, the article first engages in a discourse analysis comparing US and EU leadership ambitions and visions of world order as expressed in their global strategies. US and EU rhetoric is subsequently compared to their (inter)action in the major global policy domain of climate change, focusing on the negotiations of the 2015 Paris Agreement. The article finds that opportunities for US-EU leadership generally exist, but that sustained future leadership will depend on renewed commitments and tend to be, rather than cross-cutting and relatively stable as during the Cold War, issue-specific and contingent, necessitating regular negotiation with other major global forces.
Introduction: Perils of US-China Confrontation - Implications for Europe
Authors: Biba Sebastian , Liegl Markus B. , Wolf Reinhard
Published: April 2022

Europe can no longer ignore the distinct possibility that American-Chinese relations are heading from delicate to outright confrontational. Should recent trends persist for another decade, a cold war in Asia seems well in the making. Such a constellation would have profound implications for the ‘old continent’, particularly for its interests in US engagement in Europe, economic growth, global governance, and maritime security. In light of these high stakes, the contributions to this special issue concur that Europeans must begin in earnest to analyse the drivers and likely consequences of such dire scenarios – both to make them less likely and to prepare options for coping with such unwelcome developments.
The European Union and Chinas Multidimensional Diplomacy: Strategic Triangulation?
Authors: Noesselt Nele
Published: April 2022

Security constellations in East Asia are often reduced to bilateral competition and territorial or maritime disputes. In this vein, the focus generally lies on the perceived military rise of China and the assumed unavoidable assertive turn in its foreign strategy. This article argues that neorealist interpretations of security issues in East Asia and the role of China that start from the level of bilateral relations tend to overlook the complexity of contemporary multi-player interactions. The European Union (EU) is often excluded from the cartographic mapping of the island disputes in the East and the South China Sea. This, and the modification of China’s security strategy under the fifth generation of Chinese leaders, might allow Europe to position itself as a ‘new’ mediator. A European diplomatic intervention would be the only way for the EU to avoid being trapped in the security spirals evolving in East Asia as a passive ‘follower’.
Global Governance in the Era of Growing US-China Rivalry: What Options Exist for Europe?
Authors: Biba Sebastian
Published: April 2022

The United States-China relations are increasingly fraught with problems and contentious issues. One significant example is the current system of global governance, which the United States wants to bolster in order to maintain its predominant position; China, meanwhile, is seeking a greater say in this system and has also been building the pillars of a parallel structure. One consequence is that global governance will likely become more challenging, for third parties such as Europe as well. This article examines Europe’s options for coping with these challenges. It presents three alternatives – namely, to continue siding with the United States, to change sides and align with China, and to launch a neutral issue-specific approach. After weighing the respective pros and cons of each option, the article makes the case for the issue-specific approach.
Power Shifts and Tensions in East Asia: Implications for European Security
Authors: Wagener Martin
Published: April 2022

This article seeks to answer two questions: What are the security implications of the conflicts and shifting balance of power in East Asia for European security? Is Brussels prepared for these developments or the escalation of individual conflicts? To this end, I discuss the rise of China and its growing global ambitions, the proliferation of weapons of mass destruction, Sino-Russian cooperation, and cyber warfare. Further, I outline possible consequences of military clashes in East Asia for Europe. The results are frustrating: European Union (EU) members are both mentally and materially unprepared for the changes afoot in the Far East and the possible outbreak of war. To change this, the EU would have to take a narrow conception of security (i.e. traditional security issues) more seriously. This includes the insight that the European experience does not apply to the current security dilemma in East Asia. If the EU wants to be taken seriously as a strategic actor in the Far East, it will have to reconsider its self-conception as a civilian power. The article ends with suggestions for a better EU security policy in East Asia.
Emulating Ostpolitik: A Template for Regional Conflict Resolution in East Asia
Authors: Tuschhoff Christian
Published: April 2022

How can Europe increase its political influence in East Asia? Rather than either diffusing its governance model of European Union integration or choosing a position between conflicting parties based on proximity of values this article suggests that influence grows when East Asians learn from or even emulate European success stories of peaceful conflict resolution and regime transformation. It suggests that the (West) German Ostpolitik or Eastern policy is an example of such a success story. Whether it can be applied to conflicts in East Asia depends on a number of conditions such as timing, governments changing their perspectives on conflict resolution priorities, and tailoring the European conflict resolution template to normative-ontological assumptions on international relations that prevail in Asia.
High Stakes of the Small EU Partnership Instrument on the Eve of the 2017 Mid-Term Review
Authors: Zweers Wouter , Melissen Jan
Published: April 2022

The European Union (EU)’s so-called Partnership Instrument (PI) captures the changing psychology of EU relations with rising powers, and has been designed to give more room for manoeuvre for EU external action. Two years of practice leading up to the 2017 Mid-Term Review have shown that the PI is instrument-driven rather than objective-driven, and that its strategic potential is undermined by lengthy committee-based procedures and sector-based programming. In an arena of vested interests, the PI’s significance is tied up with what EU stakeholders want to make of the European External Action Service (EEAS). National foreign ministries struggle to connect national objectives with EU interests, apart from the wider debate not addressed here as to where European interests come from when they are not based on national objectives. This article argues that national foreign ministries should consider the potentially positive effect on EU external action of this relatively small initiative, notably as the instrument to connect one European entity to other global powerhouses. EU Member States have so far been unable to link fully with the PI, and – like the EEAS and the European Parliament – they have too little clout to exert influence on the European Commission. The EU Global Strategy offers a window of opportunity for making the PI more political, expedient and flexible.
Towards an Exclusive Competence of the EU to Conclude Climate Agreements?
Authors: Russo Eleonora
Published: April 2022

Up to now, the international climate change agreements have been negotiated and concluded jointly by the Union and its Member States, id est as mixed agreements. This situation is considered as a reason for the difficulties of the EU to play a leading role at the international level. However, since the conclusion of the first international climate agreements in the 1990s, the modifications of the EU Treaties, the evolutions of the Court of Justice case law and the development of the European internal climate policy modified the legal framework of the EU climate action. In light of these changes, this article examines, from a legal perspective, the possibility for the EU to negotiate and conclude alone future climate agreements. The analysis is divided in two parts. The first one examines the notion of mixed agreements and the conditions for mixity to be compulsory or discretionary, and verifies that climate agreements belong to the second category. The second part tries to demonstrate that the EU could claim today an exclusive competence in the field, excluding therefore the use of mixed agreements.
The Value and the Limitations of Comprehensive Multilateralism: An EU Perspective on the Asia-Europe Meeting
Authors: Tsui Shelly , Christiansen Thomas
Published: April 2022

This article examines the attitudes of the European Union on the development of Asia-Europe Meeting (ASEM). It looks first at the trajectory of EU positions on ASEM, before specific sections explore the EU perspective on the style and format of ASEM, on the substantive issues under discussion, and on the wider geo-political relevance of the institution. In order to provide a critical assessment of the EU’s position, the article also discusses some of the key alternative relationships the EU has with the Asia-Pacific region, be it multilaterally or bilaterally. By way of conclusion, the article argues that despite the limitations of ASEM, the process still retains an added value in the context of the wider diplomacy between the EU and its Asian partners.
The Causes of the EUs Ineffectual Contribution to Resolution of the Abkhazian and South Ossetian Conflicts
Authors: Harpaz Guy
Published: April 2022

This article contributes to the literature on the EU’s conflict resolution efforts in general, and in the context of Georgia, in particular. First, it identifies a dissonance between the EU’s strong interest in the resolution of the Conflicts, its firm commitment to such resolution and its long-standing, engagement with a view to promoting such resolution, and its actual, ineffectual contribution to achieving that goal. Second, it analyses various factors which contribute to this ineffectiveness.
For the Sake of Market Access: Comparing EU and US Approaches to Liberalize Public Procurement in Brazil, India and China
Authors: Krizic Ivo
Published: April 2022

The article investigates the mechanisms and effectiveness of EU and US attempts to liberalize public procurement in Brazil, India and China. These emerging countries have been reluctant to fully embrace the EU- and US-induced international procurement regime, which is underpinned by the plurilateral WTO Government Procurement Agreement (GPA). Relying on the Special Issue’s ‘supply-and-demand model’ of regulatory power, the article finds that the EU has developed a more assertive bargaining approach over time compared to the US, and can hereby rely on support from business groups and the centralization of competences at EU-level. In terms of effectiveness, EU and US strategies depend on emerging countries’ demand for external input, with Chinese authorities being most involved in exchanges with EU and US counterparts. Finally, the persistence of domestic preference schemes in the US and low market penetration in the EU undermine their efforts to gain market access abroad, and – worse – inspire emerging countries to introduce not only ‘best’ practices of transparent procurement procedures, but also ‘bad’ practices of protectionism against foreign companies.
Compromising on Values? Human Rights Pressure and Competing Interests of the European Union in the Former Soviet States
Authors: Shyrokykh Karina
Published: April 2022

What influences the European Union’s (EU’s) policy towards human rights abuse in third countries? What effects do the EU’s punitive measures have on the subsequent human rights situation? In literature, there is no consensus about the effects of such an instrument; moreover, scholars often question the consistency of its application in regions where the EU has strong strategic interests. Utilizing time-series cross-section analysis of twelve former Soviet republics over two decades, the present article demonstrates that the severity of imposed measures is guided by the actual human rights situation, and the presence of competing interests does not determine their intensity. Additionally, coercive measures are shown to have a positive effect on the subsequent human rights situation. At the same time, competing interests of the EU prove able to undermine the instrument’s ex-ante credibility and, thereby, limit its potential impact.
Introduction: The EU and Its Eastern Neighbours  Perceptions and Strategic Dialogue in the Region
Authors: Headley James , Chaban Natalia
Published: April 2022

Relations between Ukraine, Russia and the EU have undergone a dramatic development that influences the relations between all of the countries of the Eastern Partnership – Belarus, Ukraine, Moldova, Armenia, Georgia and Azerbaijan – the EU and Russia. In order to understand the communication and cooperation processes within the region, we have to analyse perceptions. This holds true for individuals, civil society organizations as well as states in the region. This article introduces the Special Issue to the readers and overviews the European Neighbourhood Policy, the Eastern Partnership and EU-Russia relations and identifies the role of images and perceptions in shaping these dialogues. The article offers a novel comprehensive theoretical framework in the study of EU perceptions stressing the relational nature of perceptions and points to several main trends in how the EU is recognized and characterized by its eastern neighbours in a time of major crises and changes in Europe.
On a Journey with Uncertain Destination: Metaphors and Images of the EU in Russian and Ukrainian Media after Brexit Vote
Authors: Elgström Ole , Chaban Natalia
Published: April 2022

The outcome of the British Brexit referendum sent shockwaves across Europe. It sent signals about the future of the European Union (EU), not only to the Member States but also to the surrounding world. How to characterize the EU after Brexit? We address this problematic by investigating the metaphors applied to the EU in the Russian and Ukrainian press in the first week after the referendum. We find that metaphors in the Russian press demonstrate a basic image of the EU as weak and fragmented. The EU is considered to be moving on a bumpy road with an uncertain destination. Feelings of superiority are intricately combined with hope and pride as a result of perceived opened opportunities. In Ukraine, Brexit is seen from a local perspective with its potential effects on visa freedom as the most important consideration. Metaphors demonstrate a basic image of the EU as without vision and travelling on rough seas. This situation is considered both as a potential threat and an opportunity and is associated with both hope and anxiety.
Engaging the US in the Age of Trump: The Case for a New European Strategic Discourse
Authors: Fjærtoft Torgeir E.
Published: April 2022

While the prevailing perception of EU Member States of NATO is that cooperation with the US under President Trump has become close to impossible, there is still no alternative to engaging. International solutions of consequence will hardly be sustainable without the US. How can EU/NATO Member States and the EU engage effectively with the US on workable international solutions? Policy is applied analysis that inevitably infers from theory in response to the question: what works? Therefore, policy is an intervention, as therapy uses the term, and theories are cognitive tools. Policy and therapy are comparable because both work through discourse to effect change by cognitive restructuring. Therefore, psychological theories offer cognitive tools for designing a strategic discourse as policy intervention. A model for cognitive behavioural therapy and a theory on identity can innovate theory and make policy more effective.

 

Current US political controversies mainly boil down to conflicting US identity stories. Foreign policy issues are an extension of competing domestic group identities and derived domestic issues. The domestic political process does not consider foreign policy issues on their own merit. As a result, current US foreign policy of unilateral confrontation causes some serious risks and costs to US interests.

The states now seen as adversaries, such as Russia and Iran, have comparable identity stories that are in a similar way dysfunctional. Stories of confrontation bestow assets in a domestic power struggle while undermining international solutions. A new European strategic discourse should avoid identity stories but seek cognitive restructuring of grand strategies by proposing within the EU/Russian Permanent Partnership Council a comprehensive multilateral conference on the new regional political order in Syria and Iraq. This proposal can emulate the most successful cognitive restructuring of a grand strategy ever, the process led by Willy Brandt and Egon Bahr in West Germany in the 1960s and 1970s leading to the Conference on Security and Cooperation in Europe.
Mediating Investor-State Disputes in Free Trade Agreements: An Evaluation of the EUs Proposal
Authors: Goetz-Charlier Alexandra
Published: April 2022

Foreign investment is an important economic driver, and thus typically benefits from substantial legal protection under international investment agreements (IIAs). When a dispute arises between a foreign investor and a State, the main dispute settlement mechanism provided under IIAs is arbitration, a system which has raised controversy both within legal circles and public opinion. Against this background, the EU recently proposed to use mediation more frequently, especially for disputes arising out of the investment chapters of EU free trade agreements. This article argues that this proposal may be beneficial, primarily because it assuages the strict legalism which characterizes this area of the law. Yet, mediation is a subtle process which purports to instil a dialogue between disputants. This article takes the view that this dialogue may, however, be greatly hindered by political factors. It posits that two fundamental elements of mediation theory have been insufficiently considered within the EU’s proposal, namely, the nature of the relationship between the parties, i. e. the asymmetrical relationship between the investor and the State, and the influence that external stakeholders may have on the resolution process. In this respect, the role that the European Commission will play is axiomatic to the efficiency of this mechanism.
Let Them Roar: Small States as Cyber Norm Entrepreneurs
Authors: Adamson Liisi
Published: April 2022

A discourse on international cyber norms has emerged ever since the United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security (UN GGE) recommended eleven norms on responsible state behaviour in cyberspace. In the face of political contestation regarding the regulation of cyberspace, norms are often seen as an easier avenue for achieving consensus on responsible state behaviour than international law. As a result, the academic and policy-making focus has shifted to the creation of new norms. This article aims to explore the process and potential of small states to become norm entrepreneurs in cyberspace. It focuses on norm entrepreneurship concerning responsible state behaviour in cyberspace. Hence, the focal point of the article is norms by states for states. The article conceptualizes norm entrepreneurship and elaborates through case studies how and why the Netherlands and Estonia have become cyber norm entrepreneurs. It also details how this normative entrepreneurship manifests itself in the current cyber norms discourse.
Broadening Soft Power in EU-US Relations
Authors: Van Langenhove Luk , Scott-Smith Giles , Schunz Simon
Published: April 2022

This article introduces the research problem and questions guiding the special issue, situating them  in the relevant academic context with references to the literature on soft power and its historical and contemporary relevance for the transatlantic relationship. Based on a reconceptualization of the notion of soft power in the context of ‘Transatlantica’, defined as the political and geographical space inhabited by the EU and the US, it provides an overview of the key insights of the research articles and synthesizes the findings emerging from the different policy domains studied in the special issue. It concludes by deriving the broader conceptual insights – in particular an expanded conception of soft power – as well as the normative, policy-relevant implications from these findings.
Transatlantic Cultural Relations, Soft Power, and the Role of US Cultural Diplomacy in Europe
Authors: Scott-Smith Giles
Published: April 2022

This article considers the cultural relationship in the transatlantic space from the perspective of US cultural diplomacy. It interprets cultural diplomacy as the mobilization of soft power resources in the support of foreign policy goals, as distinct from the cultural relations pursued by non-state actors. During the second half of the twentieth century, a large-scale investment by US cultural diplomacy was aimed at developing and nurturing the cultural ties with Europe, as part of the wider integration of (Western, later also Eastern) Europe into a US-led world order. This involved combining the unique outreach possibilities provided by the appeal and excellence of US cultural producers with an anti-communist agenda that sought to reverse the negative perception of the United States as culturally ‘barren’. This effort declined following the end of the Cold War, since it was no longer considered important. The shock of 9/11 once again directed attention to how the US portrays itself abroad, reviving interest in cultural diplomacy and generating a wide range of programmes to (re-)engage with European publics, particularly minorities. The article begins by introducing the concept of cultural diplomacy, and examining its uses during the Cold War. It then evaluates the specific cultural tools that have been used to establish transatlantic connections in the wake of 9/11. It concludes by considering the growing significance of the ‘transnational transatlantic’ for developing goal-driven ties between the US and Europe across a range of issues.
The Sub-state Dimension of the European Union Relations with China
Authors: Kamiñski Tomasz
Published: April 2022

Regional governments across the world actively participate in international relations. They open trade and cultural missions abroad, join international networks of cooperation, and sign treaties and agreements with their partners from other countries. Relationships at regional and local levels have moderated rising tensions between states that might otherwise paralyse global governance. Fast growing networks of sub-state contacts in Sino-European affairs create new opportunities for the European Union (EU) to advance European interests, norms and values. Unfortunately, acknowledgement, by Brussels, of such potential political instruments is limited.

 

The main goal of this article is to show how the EU could benefit from growing substate connections with China. This article begins with an explanation, based upon a survey conducted among regional authorities from the five EU Member States, of the phenomenon of fast-growing cooperation on the sub-state level between Europe and China (Germany, France, Italy, Poland, and Spain). Next, this study identifies, through interviews with the European External Action service (EEAS), the European Commission (EC) officials and the regional authorities, EU activities that promote collaborations on ‘the third level’ of its relations with China. The research concludes with suggestions of possible ways Europe could benefit from further development of sub-state contacts with China.
Envision, Not Argue: Innovating EU Policy After the Failures of Libya and Syria
Authors: Fjærtoft Torgeir E.
Published: April 2022

The EU now needs to innovate policies towards the Middle East. The disastrous consequences of the military intervention in Libya are for all practical purposes a European mistake. The air campaign was originally a French initiative with Norway taking a lead role. By the perception of failure, it most likely caused inaction towards the regime in Syria. Only a concert of the regional states can create a new regional political order, and an innovative EU policy needs to engage these states for this purpose. A regional concert is the yet untried option in Western policy towards the Middle East. An effective EU diplomacy is to engage parties in envisioning an alternative regional political order by the analogy of European transformation from violent confrontation to pragmatic cooperation.

EU, Middle East, common security, strategy, discourse.
The EU–Turkey Migration Deal: Performance and Prospects
Authors: Dagi Dogachan
Published: April 2022

This article discusses whether the EU–Turkey migration deal of 2016 is sustainable in the midst of divergent priorities and expectations of the parties, adverse results procured from the deal, and growing mutual distrust between the EU and Turkey. In so doing, first, it provides an overview on the background of Europe’s migration crisis of 2015–2016 and outlines the rationale behind and expectations from the deal. Secondly, the article critically reviews the performance of the deal to evaluate the extent to which it has met the expectations. It is explained that while Turkey has gained strategic leverage in its relations with the EU its government has to bear political costs at the home-front and shelve off its accession perspective. The EU, on the other hand, has managed to reduce the number of migrants using the Eastern Mediterranean route but has to endure constant threats of the Turkish government to withdraw from the deal and put up with its withering reputation as a normative power. Finally, by highlighting the expectation-outcome gap and the political cost the deal has induced to bear for both parties, this article demonstrates that the agreement has been circumstantial without a solid foundation, and any of the parties may opt-out once it regards the cost-benefit balance works unfavourably for them.

Migration, European Union, the EU–Turkey Migration Deal, Normative Power, Human Rights, Populism, European politics, Turkish Politics
The Evolving Role of the European External Action Service in Security and Defence
Authors: Csernatoni Raluca
Published: April 2022

While significant scholarly work has been dedicated to the institutionalization of the European External Action Service (EEAS) and its role in shaping the European Union’s (EU) foreign policy goals, less attention has been given to the Service’s wider competencies and agenda-setting power in the case of the Common Security and Defence Policy. This article aims to assess the growing role of the EEAS in defence and in spearheading new ways of bridging foreign policy and security in a comprehensive manner. In doing so, the research explores how the security and defence dimensions were incorporated into the EEAS, by examining the processes of institutionalization in the EEAS crisis management structures in the post-Lisbon context, and by zooming in on the intergovernmental and supranational dynamics in the European security and defence architecture. The article finds that continued organizational innovation and the reinforcement of supranational mechanisms in the EEAS and the European Commission have had a positive impact on the EU’s security and defence, representing a step further in bridging the foreign policy, security and defence divides at the EU level.

European Union, European External Action Service, European Security and Defence, High Representative
The EEAS in Multilateral Fora: Impact on EU Coherence at the UN General Assembly
Authors: Gatti Mauro
Published: April 2022

The European External Action Service (EEAS) should coordinate the Union external action and, thus, enhance coherence in the EU’s participation in multilateral fora. This article verifies the EEAS’ practical impact on EU voting cohesion and unity of representation in multilateral fora over its first ten years of existence, through an analysis of empirical data regarding the EU’s performance at the UN General Assembly. The data suggest that the EEAS has not had a significant impact on EU Member States’ voting cohesion. However, the EEAS has promoted unity in the EU’s international representation: indeed, EU delegations – which are part of the EEAS – have become the main Union representatives at the UN General Assembly and their representative role is unchallenged by EU institutions and Member States. Despite the persisting divisions in EU foreign policy, the EEAS is likely to ensure an effective Union representation in multilateral fora in the future.

EEAS, international institutions, international organisations, diplomacy, coherence, coordination, cooperation, representation, votes, statements
PESCO: A Force for Positive Integration in EU Defence
Authors: Blockmans Steven , Crosson Dylan Macchiarini
Published: April 2022

Differentiation, or what some have called the ‘negative starting point’ of integration, has always been the norm in EU defence policy. Driven by both endogenous and exogenous (f)actors, political leaders in the European Council are nevertheless mindful of the need for Member States to cooperate in more structured ways to better protect their citizens against security threats. For this reason, a package of harmonizing measures has been developed with remarkable speed since 2016. Permanent Structured Cooperation (PESCO) is the most prominent innovation in this field. Given the high levels of politicization in defence it is perhaps surprising that PESCO has produced the most inclusive expression of enhanced cooperation, even if it is the most flexible of the differentiated integration mechanisms provided by the Treaties. This is largely the result of a German push for inclusivity, which prevailed over a French desire for a higher level of ambition. Monitored by the European External Action Service (EEAS) and the European Defence Agency (EDA) and increasingly driven by the Commission’s Directorate General for Defence Industry and Space (DG DEFIS), which manages the European Defence Fund (EDF), PESCO is a force that generates ‘positive integration’ by de-fragmenting the defence market in the European Union. This article builds on empirical research that maps the varied clusters of Member States lining up behind different types of defence capability development projects. It observes a process of coagulation across the microcosm of PESCO, coupled with formal expressions of differentiated integration, both vertically and horizontally, and offers explanations for these trends.

European Union, differentiated integration, defence, PESCO
Caparo & Murphy: How two recent decisions of the House of Lords look from the other side of the Channel
Authors: Markesinis Basil S.
Published: April 2022

Abstract. In this note, two important decisions of the House of Lords which have restricted the development of the law of negligence are reviewed in a comparative perspective. They consider the professional liability of auditors for statements affecting ’third’ parties and the liability of builders and local authorities for defective buildings. On the basis of a comparative survey, doubts are raised about the desirability of the apparently obsessive hostility of the House of Lords to allowing recovery for economic loss. The conclusion is drawn that these decisions are unlikely to halt the incremental development of the common law.
Arrêt rendu le 29 mars 1991 par l’Assemblée plénière de la Cour de cassation de France (Association des centres éducatifs du Limousin c./ Cts Blieck)
Authors: Jamin Christophe
Published: April 2022

Abstract. Joël Weevauters, a mentally handicapped person, had been allocated a place at a Centre d’aide par le travail (occupational training centre). He set fire to a forest belonging to Mr. and Mrs. Blieck, who brought an action against the association which managed the Centre and its insurers, claiming compensation for the loss they had suffered.

The Court of Appeal found for the plaintiffs, holding that the association and its insurers were liable for damages under Article 1384(1) of the Civil Code. They argued that thejudgment of the Court of Appeal finding them liable was wrong, since there was only responsibility for others in those cases specifically provided for by law and that the Court of Appeal had not stated the circumstances in which the association could be said to be responsible for the acts of those persons aiiocated to it.

The Cour de Cassation held:

The judgment states that the Centre managed by the association had the task of looking after mentally handicapped persons, within a protected milieu, and that Joel Weevauters was subject to a regime involving total freedom of movement during the day; in such circumstances, from which it is apparent that the association had accepted the task of organising and controlling, on a permanent basis, the way of life of this handicapped person, the Court of Appeal was right to decide that the association must be responsible for Mr. Weevauters, within the meaning of Article 1384(1) of the Civil Code, and that it was liable to make good the loss which he had caused.