Global Constitutionalism: Editorial Introduction

Netherlands International Law Review -     

Normative transformations in EU external relations: the phenomenon of ‘soft’ international agreements

Abstract

The European Union increasingly uses ‘soft’ international arrangements rather than formal international agreements in establishing relations with non-EU states. This contribution aims to raise the question of to what extent a move from hard to soft law in relations between the EU and its partners can be seen as allowing the Union to ‘step outside’ the legal framework (if that indeed is what is happening) and disregard the rules and principles that define the way in which EU external relations are to take shape. Possible consequences include the risk that these instruments are not subject to appropriate safeguards, that parliamentary influence (by the European Parliament as well as by national parliaments) is by-passed and that transparency is affected. There are various reasons for the EU not to use formal procedures, but a turn to informality does come at a price.     

Uses and limitations of performance measurement in the civil service: An assessment from the Singapore and New Zealand experiences

This article examines the relevance of Zartman's “ripeness theory” to explain the resolution of the China‐Vietnam conflict. It analyses the core concepts of this theoretical approach to the study of conflict resolution, and evaluates the explanatory value of this approach for understanding the resolution of conflict in specific cases such as the China‐Vietnam conflict. The article identifies three core concepts in this theory, including “hurting stalemate”, “ripe moment”, and “ripe for resolution”. But from the analysis of the China‐Vietnam conflict, it could not discern any of these concepts or stages in the process of conflict resolution in this particular case. Thus, it concludes that Zartman's theoretical approach does not have an explanatory value for the case of the resolution of the Sino‐Vietnamese conflict.     

Conflict management and constructive engagement in ASEAN's expansion

This article examines the expansion of membership in ASEAN which has occurred during the second half of the 1990s, and identifies the factors behind this process, with particular attention devoted to the efforts aimed at implementing the conflict management mechanisms of ASEAN on a wider regional level. The study takes as its starting point the rapprochement between the original member states of ASEAN and Vietnam and Laos, which began during the second half of the 1980s and gained momentum following the resolution of the Cambodian conflict in 1991. The first half of the 1990s was characterised by the gradual acceptance by other Southeast Asian countries of ASEAN's code of conduct for inter-state interaction. This paved the way for the accession to full membership in ASEAN of Vietnam in 1995, of Laos and Burma in 1997 and of Cambodia in late 1998. Given the considerable discrepancy in the level of economic development between the new and old members of ASEAN, the economic motivation for expanding ASEAN would be to facilitate foreign investment in the new members and open new markets for exports within an expanded ASEAN Free Trade Area (AFTA). The article argues, however, that the political and security considerations are more important in explaining why the original members embarked on the process aimed at bringing all 10 Southeast Asian countries into ASEAN. It is in this context that the policy of constructive engagement and peaceful management of inter-state conflicts comes into play.     

Conceptualising Multilevel Regulation in the EU: A Legal Translation of Multilevel Governance?

How should we conceive of regulation in the European context? This paper attempts to answer this by developing multilevel regulation as a theoretical concept. The basic aim of the paper is to explore the difference and convergence between regulation and governance and develop multilevel governance and multilevel regulation as two individual heuristic concepts. We suggest that it is useful to frame multilevel governance in the context of regulatory spaces. As an example, we undertake an exploratory investigation of multilevelness of the regulatory space of marketing authorisation of medical devices. This allows us to help focus on certain aspects of the regulatory process by acknowledging that it is no longer located in the hand of a single (governmental) actor and highlighting the necessity of considering interventions beyond the state in addressing regulatory effectiveness problems that may crop up in this context. Ultimately, we assess whether multilevel regulation is a legal translation of the concept of multilevel governance.     

Regional integration and conflict management. The case of Vietnam

This paper is examines the process of regional integration of Vietnam into the framework for regional co-operation under the umbrella of the Association of South-East Asian Nations (ASEAN). The main focus is on the process leading to Vietnams admission into ASEAN in 1995. The relative importance of key factors – economic, political and security – in the process leading to Vietnams admission into ASEAN is assessed. Particular attention is devoted to the conflict management dimension of the regional integration of Vietnam both in process leading to membership in ASEAN and in the management of border disputes between Vietnam and other ASEAN members.This study is based the authors on-going research on Vietnams foreign policy and on regional collaboration is Southeast Asia including ASEANs expansion with a focus on conflict management.This article is an edited version of a paper with the same title presented at Paper prepared for Session 1: Lessons to be learnt, success stories of peaceful reconciliation, At the 3rd Asia-Europe Roundtable: Peace and Reconciliation Success Stories and Lessons. Organised by Asia-Europe Foundation, Friedrich-Ebert-Stiftung, The Institute for International Relations, and Singapore Institute of International Affairs, Hanoi, 20-21 October 2003.