bluuebunny/crossref_metadata_2025_split huggingface dataset:
European Union’s Banking Diplomacy Law: A Legal Fragment of EU’s Foreign Affairs
Authors: Lonardo Luigi 
Published: April 2022

This article takes the move from the recognition that the law of EU external relations is fragmentary. EU foreign affairs are conducted through a Common Foreign and Security Policy (CFSP), a Common Commercial Policy, and other competences with external implications. This article is dedicated to one of such competences, whose external side has been hitherto largely underexplored: the monetary policy of Member States whose currency is the Euro. With a view of offering a first assessment of this ‘banking diplomacy’ law, the article outlines the main legal features of the external aspects of Banking Union (BU) and their interactions with other external relations competences. It does so by following four themes: investment, external representation, prudential supervision, and resolution.
Banking Union, External Relations Law, Diplomacy, European Union, Banking Law, Single Supervisory Mechanism, Single Resolution Mechanism, Investment Law
The EU’s Approach to Human Rights in Egypt: Views from Civil Society
Authors: Moisseron Jean-Yves , Fazzani Selma 
Published: April 2022

Before the Arab uprisings, the EU wishfully pinned its hope on a spill-over effect from trade to political reform as well as onto actors’ socialization. In Egypt, this strategy fell prey to Mubarak’s ‘carrot-and-stick’ approach to the nascent NGO sector and its adjusted policy discourse that resonated with Brussels. Drawing upon Mubarak’s mistakes, the post-Revolution regime morphed into an overtly repressive apparatus designed to ‘kill’ civil society and prevent a new 25 January to occur. In this space, within which the EU enters as an external actor, our findings indicate that even if its presence is perceived in a positive light in many instances, actors highlight what they view as an EU shift toward more security-oriented practices, underpinned only by Cairo rulers’ efforts to reframe cooperation around a ‘fight-against-terrorism’ agenda that continues to sway from the realization of human rights-particularly of gender justice.
Egypt, Human Rights, European Union, European Union, Egypt, Human Rights, Civil Society, Democracy, Authoritianism
Lebanon in Transition: Perceptions of the EU in a Fast Changing Landscape
Authors: Goulordava Karina 
Published: April 2022

Lebanon has recently experienced waves of protests (2005, 2015, 2019) dominated by demands for more social and ecological justice as well as appropriate public services. EU policies, however, are perceived in Lebanon as rather removed from this local reality. This is showcased for three key issues related to democracy and human rights in Lebanon, namely conflict, migration, and gender. Going more into depth – based on extensive interviews held in Lebanon with representatives from labour, women’s rights, youth, Islamic organizations, rural development, policy making and new social movements in 2018 – it is revealed that the EU’s presence is not only more invisible than that of other powers (such as the Gulf states, the US, or Russia), but also of its own Member States. Furthermore, its presence is perceived as changing, specifically because of its migration policies. Directly connected to this, its practices are frequently described as divisive, technocratic, unresponsive to local needs, civilizing, and close to the government.
Lebanon, Arab uprisings, human rights, European Union
EU Reform Agenda in Defence of the Judicialization of International Economic Law
Authors: Svoboda Ondrej 
Published: April 2022

A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance.
European Union, reform, judicialization, WTO, Appellate Body, UNCITRAL, investor-state dispute settlement (ISDS), multilateral investment court
Addressing Legitimacy in the EU’s Interregional Approach to Climate Change: The Case of the Parliamentary Assembly of the Union for the Mediterranean
Authors: Delputte Sarah , Bouckaert Reinhilde 
Published: April 2022

The 2015 Paris Agreement adopted at the twenty-first Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) constitutes a major landmark in the combat against climate change. However, international climate governance and the climate deal have been confronted with concerns about their legitimacy and accountability. In the same vein, while the combat against climate change also takes centre stage in the EU’s inter-regional relations, the EU’s approach has suffered from democratic deficits as well. Literature on parliamentary diplomacy and interregionalism has pointed at the potential of inter-parliamentary assemblies’ monitoring and deliberation functions in addressing the legitimacy gap of intergovernmental agreements. This article puts the focus on the Parliamentary Assembly of the Union for the Mediterranean and climate change, and analyses to what extent and how the Assembly fulfills these monitoring and deliberation functions. In doing so, the article aims to examine how inter-parliamentary assemblies can contribute to the legitimacy of the EU’s inter-regional approach to climate change. The analysis is based on quantitative and qualitative text analysis, in-depth semi-structured interviews and participatory observation. The conclusion reads that, while the Parliamentary Assembly of the UfM (PA-UfM) has indeed used its monitoring and deliberative functions, there are several limitations related to the asymmetry between the EU and its Southern and Eastern Mediterranean partner countries, that hamper its potential contribution to add legitimacy to the Union for the Mediterranean’s (UfM) climate action.
Climate change, legitimacy, European Union, monitoring, deliberation, inter-regionalism, parliamentary diplomacy, inter-parliamentary cooperation, energy, Mediterranean
A Dataset, Software Toolbox, and Interdisciplinary Research Agenda for the Common Foreign and Security Policy
Authors: Lonardo Luigi , Palazzi Andrea 
Published: April 2022

The article introduces a text corpus containing all the legal acts adopted by the European Union from 1 December 2009 till 30 June 2019; it also provides an open-source built-for-purpose software toolbox that can be used to re-create and manipulate the dataset. The dataset, as well as the software toolbox, are publicly available on GitHub at: https://github.com/ndrplz/eurlextoolbox. The article describes the content and possible uses of the dataset and maps out some potential applications thereof. Since EU law plays a key role in virtually all aspects of European integration, we believe that the dataset, by making the legal dimension easily accessible, could be of interest to an interdisciplinary audience. Building on previous literature on text-as-data approaches and qualitative methods applied to EU law, we make the case for an interdisciplinary agenda, and then illustrate it through research questions in a distinctive area of EU foreign affairs: the Common Foreign and Security Policy (CFSP).
European Union Law, European Union Law Database, Research Methodology, Data analysis, Text-as-Data, Corpus Analysis, Common Foreign and Security Policy
The EU’s Position in the Trade-Food Security Nexus: Embedded Neoliberalism Reinforced
Authors: Musch Marie 
Published: April 2022

The link between food security and trade has been the subject of continuous debate, which reveals a spectrum of different paradigms on the preferred relationship between the market and the state. Particularly during episodes of salience, paradigms come to the surface and are challenged, reinforced or reinvented. This article therefore zooms in on such episodes, to provide a more refined picture of how this nexus is perceived within the European Commission. Firstly, ideal types of paradigms applicable to the nexus are set out in an analytical framework. Secondly, this framework will be used to distinguish which ideas are dominant and whether variation exists between different Directorates-General (DGs) involved. The dominant policy paradigm is traced during the 2007–2008/2010 world food crisis, through an analysis of the EU’s Food Security Policy Framework (FSPF) (2010) and policy statements issued by different sections of the Commission. Subsequently two politicized cases in the ‘policy practise’ are analysed, namely EU milk exports to West Africa (2018) and EU safeguard measures on rice originating from Cambodia and Myanmar (2019). Finally, the EU’s ‘Farm to Fork’ future food strategy (2020) is discussed, which highlighted food security the midst of the Coronavirus disease-2019 (COVID-19) crisis. Throughout the analysis, an embedded neoliberal paradigm is identified, which entails a dominant free trade orientation combined with flanking policies and a focus on temporary measures under exceptional market conditions.
food security, policy paradigms, EU trade, world food crisis, COVID-19
The Inconsistent Human Rights Agenda of EU Mediterranean Policy
Authors: De Perini Pietro 
Published: April 2022

Vagueness and inconsistency in policy formulation represent an underlying factor for the longstanding weakness and ineffectiveness of EU human rights action towards the Mediterranean neighbourhood. This article aims to shed light on the causes of such flaws in policy-making and grasp their consequences on EU approaches on the matter, focusing on the competing preferences vis-a-vis the role and scope of human rights held by the key actors who have affected the direction of EU Mediterranean policy over time. The article argues that the roots of human rights inconsistency therein lie in the EU’s protracted incapability to coherently conciliate such competing views despite opportunities to do so emerging periodically throughout the last thirty years of Euro-Mediterranean relations.
EU Mediterranean policy, EU foreign policy analysis, human rights, political conditionality, Barcelona Process, European Neighbourhood Policy, civil society organizations
Situational Awareness for EU Decision-making: The Next Decade
Authors: Conrad Gerhard 
Published: April 2022

In the face of increasing international risks and challenges, EU policies will need to rely more than ever on adequate and timely situational awareness. In view of Article 4(2) Treaty on European Union (TEU), voluntary contributions of Member States’ intelligence and security services channelled via the EU Intelligence Analysis and Situation Centre (EU INTCEN) and the Intelligence Directorate of the European Military Staff (EUMS.INT) will remain essential for the viability of EU decision-making. Furthermore, inputs from the EU satellite programmes, open source and social media exploitation, EU delegation reporting and Commission expertise will have to be added to that process in a more efficient, structured and timely way. Situational awareness has to be supported and protected by a resilient, secure and performant Information Technology (IT) – and command, control and communication (C3)-infrastructure connecting EU institutions, bodies and Member States, and keeping information safe. These are key components in increasingly embedding strategic foresight in EU policy-making and strengthening Europe’s autonomy.
Situational awareness, intelligence support, EU INTCEN, Single Intelligence Analysis Capacity (SIAC), EU decision making process, CFSP, CSDP, Resilience, Hybrid Threats, Security of EU Institutions
EU Foreign Policy Coherence in Times of Crises: The Integrated Approach
Authors: Tomat Stefano 
Published: April 2022

With the number of multi-facetted crises on the rise, with an international governance system deteriorating, how is the EU performing in putting its acts together to respond to these challenging times? In building up its foreign policy over the last two decades, the European Union has gone a long way from seeking ‘coherence’ between Members States to an ‘integrated approach to conflicts and crises’ embedded into the 2016 Global Strategy for the European Union’s Foreign and Security Policy. Whilst still at an infant stage, the ‘integrated approach’ has led to institutional changes within the European External Action Service (EEAS), in particular the creation of a dedicated Integrated Approach for Security and Peace Directorate. Its aims for a given crisis are promoting a comprehensive political and strategic plan shared by theEUand itsMember States, acting in a unified manner and leading to synchronized actions. To be successful, including in the Union’s neighbourhood, the integrated approach will need to be based on strong, clear and common EU foreign affairs objectives aiming at securing sustainable peace.
EU Integrated Approach, EEAS, PSC, ISP, Central African Republic, PESCO, European Peace Facility, Coordinated Maritime Presences
Legislative harmonization and the integration of harmonized legislation into the national legal systems, within the european community
Authors: Maselis Ignace 
Published: April 2022

Abstract. The Community’s harmonization efforts were at first aimed at attaining full harmonization in certain fields, whereby Community legislation would eventually completely replace national legislation in specific areas. However, under the direct influence of the Cassis de Dijon case law of the Court of Justice, the harmonization approach of the Community authorities evolved from a full to a minimal one. This case law has indeed made it possible to achieve the goal of a single market essentially by harmonizing national rules only insofar as necessary for the protection of essential interests and by the enforcement of mutual recognition of all other national rules.
Community harmonization measures not only impose obligations on the Member States but may also directly affect the position of individuals within the Member States. Thus, regulations which intend to create rights for individuals may be directly invoked before the national courts of the Member States. Whereas directives normally lack direct effect, except under certain circumstances, the courts of the Member States are under an obligation to interpret national law as much as possible in a directive conform way.
Résumé. Les efforts d’harmonisation de la Communauté visaient tout d’abord à obtenir une harmonisation complète dans certains domaines: la législation communautaire remplacerait complètement la législation nationale dans des domaines spécifiques. Cependant, sous l’influence directe de la jurisprudence de l’arret Cassis de Dijon de la Cour de Justice, l’approche adoptée par les autorités communautaires a évolué d’une harmonisation complète vers une harmonisation minimale. Cette jurisprudence permet, en effet, d’atteindre le but du marché unique essentiellement en n’harmonisant les règles nationales que dans la mesure nécessaire pour la protection d’intérêts essentiels, et en reconnaissant mutuellement tous les autres règles nationales.
Les mesures communautaires d’harmonisation imposent non seulement des obligations aux Etats membres, mais elles peuvent également affecter directement la position des personnes privées dans les Etats membres. Ainsi, les règlements qui visent à créer des droits pour les individus peuvent être invoqués directement devant les tribunaux nationaux des Etats membres. Là où les directives n’ont normalement pas d’effet direct, sauf sous certaines conditions, les tribunaux des Etats membres sont obligés d’interpréter les lois nationales dans un domaine spécifique le plus conformément possible aux dispositions des directives adoptées dans ce domaine.
A Great Future Behind it? Scottish Commercial Law and the Millenium
Authors: Forte Angelo D.M. 
Published: April 2022

Abstract. Has Scottish commercial law become Anglicised and lost its separate identity? The major exponents of the ‘civilian’ school of thought, with their emphasis on Roman Law, thought that it had but that the victim might still be rescued provided Scots lawyers remembered their civilian heritage. This paper challenges the view that a civilian and Romanist approach has anything to offer modem Scottish commercial lawyers. It argues that economic imperatives outweight nationalist and parochial arguments and that not only Scots but also English commercial law has to make compromises. The paper also asserts the importance of marketing commercial law and argues that, in this respect, Scottish lawyers have shown themselves to be no less adept than their English counterparts. Far from being moribund, Scottish commercial law is thriving and vigorous and, most importantly, relevant to the needs of commerce in the UK, Europe, and beyond.
Résumé. Le droit commercial écossais a-t-il commencé à être anglicisé et a-t-il de ce fait perdu son identitité? Les principaux tenants de l’école de pensée civiliste, qui insistent sur leur héritage romaniste, le pensent mais estiment que la victime pourrait en être sauvée si les juristes écossais se souvenaient de leur héritage civiliste. Le présent article défend l’idée selon laquelle une approche civiliste et romaniste a encore aujourd’hui quelque chose à offrir aux commercialistes écossais. Il y est en particulier soutenu que les impératifs économiques ont plus de poids que les arguments provinciaux et nationalistes et que ce n’est pas seulement le droit commercial écossais, mais aussi le droit anglais, qui doivent faire des compromis. L’auteur mentionne en outre l’importance du droit commercial relatif au marché et soutient à cet égard les juristes écossais ont montré qu’ils n’étaient pas moins habiles que leurs confrères anglais. Loin d’être moribond, le droit commercial écossais démontre ainsi sa vigueur et, ce qui est plus important, se révèle adapté aux besoins du commerce en Grande-Bretagne, en Europe, et au-delà.
The conflicts of jurisdictions – an economic analysis of pre-trial discovery, fact gathering and cost shifting rules in the United States and Germany
Authors: Adams Michael 
Published: April 2022

Abstract. The extension of the American rules of procedure to foreign countries undertaken by US judges has led to conflicts of jurisdiction, which could become a threat to international trade. The essay compares the systems of civil procedure in the USA and Germany and also tries to analyse and evaluate them from an economic point of view. The investigation shows that the US-American rules of pre-trial discovery and the way that the procedural and lawyers’ costs are allocated are the source of various abuses within the American legal system and for this reason are rejected internationally. The American view that regulation of lawyers’ fees, like that applying in Germany, should simply be regarded as cartels, disregards the considerable damage to third parties that the American costs rules entail. In comparison with the European systems, the American rules of procedure give rise to too many unjustified and over-expensive legal disputes.
Zusammenfassung. Die von US-Richtern vorgenommene Ausdehnung amerikanischer Prozeßregeln auf das Ausland hat zu internationalen Justizkonflikten geführt, die zu einer Bedrohung des internationalen Handels werden können. Der Aufsatz vergleicht die Zivilprozeßstrukturen zwischen den USA und Deutschland und versucht diese auch aus der Sicht der Wirtschaftswissenschaften zu analysieren und zu bewerten. Die Untersuchung zeigt, daß die US-amerikanischen Regelungen der pre-trial-Discovery und der Verteilung der Prozeß- und Anwaltskosten ursächlich für verschiedene Mißstaäde im amerikanischen Justizsystem und damit deren internationale Ablehnung sind. Die amerikanische Sicht, Anwaltsgebührenordnungen nach deutschem Muster als bloße Kartelle anzusehen, übersieht die mit den amerikanischen Kostenregelungen verbundenen erheblichen Schädigungen Dritter. Die amerikanischen Prozeßregeln vemrsachen im Vergleich zu den europäischen Systemen zu viele unberechtigte und zu teure rechtliche Streitigkeiten.
On the Shoulders of Schlesinger: The Trento Common Core of European Private Law Project
Authors: Grosswald Curran Vivian 
Published: April 2022

Abstract: Schlesinger’s Common Core methodology may be a theory that can be applied fruitfully, or, rather, an irreproducible result of Schlesinger’s individual interpretive talents. The Trento project also must face the challenge of whether it can realize its stated intention to reject any ideological point of departure, since that would require it to adopt Schlesinger’s principles without incorporating his preference for identifying similarity over difference.
Moreover, differing contexts are relevant to analyzing the utility of any given comparative approach. The same approach can have defects in the context of United States comparative law that may not affect European comparative law; it can have defects where the comparative undertaking is to form legal norms for the European Union that may not be an impediment where the goal of the comparative undertaking is to heighten intellectual understanding for scholarly purposes.
The Trento project’s objective of revealing the core characteristics of private law in the EU’s Member States is not unrealistic. While the differences that separate the common- and civil-law mentalities and cultures are irreducible and incommensurable, they nevertheless are not beyond the understanding of participants of both legal systems. These differences reflect the two great intellectual discourses of all of the Member States’ societies, corresponding to the fundamental characteristics of the Enlightenment and Romanticism, movements that have been integral to all of the EU Member States.
The modern challenge facing comparative law is that, just as a new generation of comparatists has unearthed differences often ignored in the past, the categories of relevance to the future may still be indistinct and in a formative stage, requiring comparatists to remain detectives of new future relevances as national, linguistic and geographical attributes are changing in valence in a rapidly altering world.