Carbon Flows between the EU and Eastern Europe: Baselines, Scenarios and Policy Options

We develop baseline data and an analytical framework for understanding the role that flows of carbon between the Former Soviet Union/Commonwealth of Independent States (FSU/CIS) and the European Union (EU) may have in enabling the EU to meet major reductions in greenhouse gas (GHG) emissions in the medium-term future. The paper sets out an analysis of contemporary flows of carbon between the EU, EU Candidate Countries and the FSU/CIS, and outlines two scenarios for investigating how flows may develop in the future under different assumptions about climate and energy policy. The 'trading' scenario assumes unconstrained trade in tangible (mainly gas) and intangible (tradable emissions permits) flows of carbon from the FSU/CIS to the EU. The 'autonomy' scenario assumes limits to carbon flows and a subsequent requirement for high levels of domestic de-carbonisation in the EU (e.g. energy efficiency and indigenous energy sources). We conclude that neither scenario is feasible or desirable, but that even a combined approach, which sees trade complemented by tough domestic action, still requires far greater efforts than are currently planned.     

The Role of Flexibility Mechanisms in EU Climate Strategy: Lessons Learned and Future Challenges?

The main objective of this paper is to examine the evolution of European Union (EU) climate strategy, scrutinising in particular developments in EU's views on the so-called flexibility or Kyoto mechanisms. In brief, the paper argues that there has been a gradual change in EU's views, from the role of a sceptic in the run-up to Kyoto towards becoming more of a frontrunner on emissions trading in recent years. The need to 'save Kyoto' and the protracted development of EU climate policy are highlighted as two of the most important drivers behind this process of change. This paper also discusses some of the lessons learned from international negotiations and the development of EU climate policy. Finally, and drawing upon the lessons learned, the paper explores key future challenges for the further development of EU climate strategy.     

Governing Cocaine Supply and Organized Crime from Latin America and the Caribbean: The Changing Security Logics in European Union External Policy

The logics of the European Union’s policy and practices against narcotic drugs in Latin America and the Caribbean (LAC) have undergone a substantial shift the past decade: from development to security. Based on an empirical mapping of the EU’s drug-related projects in LAC, this article argues that an ‘integrated and balanced’ approach to drugs policy is being replaced by a bifurcation between the broader domains of development policy and security policy. Questions are raised as to how the EU’s projects on development and security might counteract one another, and how the Union’s programme aimed at dismantling transnational organized crime along the cocaine trafficking routes to Europe might have unintended consequences. While keeping in mind the shifting tectonics of the international drug prohibition consensus, the article goes on to analyze the increasingly salient security rationale in EU external drugs policy against the backdrop of the EU’s emerging role as a global security actor. In doing so, it touches upon the intrinsic tensions between human rights and (supra) national security.     

EU Climate Change Litigation,the Role of the European Courts,and the Importance of Legal Culture

The purpose of this article is to show it is only in light of legal culture that climate change jurisprudence in the European Union can be explained. Examining the case law concerning the EU Emissions Trading Scheme, this article demonstrates that climate change proceedings in the European Union raise questions that stand at the heart of the EU legal order; that is, they demand that the boundaries of the EU's regulatory competences are drawn. In effect, the EU courts focus on ensuring that EU climate change laws are in accord with the rule of law or, in the context of EU law, the borders of the EU's environmental regulatory powers. As such, this article shows that attention needs to be given to the interaction between climate change laws and the constitutional role of the EU judiciary. These interactions are considered here together with the contingency of EU climate change litigation on EU legal culture.     

The Legality of the EU's Stand-Alone Approach to the Climate Impact of Aviation: The Express Role Given to the ICAO by the Kyoto Protocol

The aviation sector is not yet covered by the European Union's Emissions Trading Scheme (EU ETS). Taking into account the fact that aviation increasingly contributes to climate change, the European Commission adopted a proposal for legislation to include aviation in the EU ETS. The proposal foresees the inclusion of internal EU flights as well as external flights to and from the Union within the EU ETS. On 20 December 2007, EU Environment Ministers reached political agreement in the Environment Council on the basis of a new compromise text tabled by the Presidency. However, the International Civil Aviation Organization (ICAO), as well as various stakeholders, does not consider that the EU has the competence to include aviation within the EU ETS. A crucial point concerning the legality of including aviation in the EU ETS is the fact that Article 2(2) of the Kyoto Protocol states that the parties 'shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation . . . working through the International Civil Aviation Organization . . .'. This article reviews the legality of the EU's stand-alone approach, focusing on the European and international legal framework and taking into account the express role given to the ICAO by the Kyoto Protocol.     

Balancing Security and Democracy, and the Role of Expertise: Biometrics Politics in the European Union

What is the relationship between security policies and democratic debate, oversight and rights? Does coping with security threats require exceptions to the rule of law and reductions of liberties? The inquiry that follows tries to answer such questions in the context of the European Union and takes the case of biometric identification, an area were security considerations and the possible impact on fundamental rights and the rule of law are at stake. Some hypotheses are explored through the case study: “securitisation” and “democratisation” are in tension but some hybrid strategies can emerge; the plurality of “authoritative actors” influences policy frames and outcomes; and knowledge is a key asset in defining these authoritative actors. A counter-intuitive conclusion is presented, namely that biometrics, which seems prima facie an excellent candidate for technocratic decision-making, sheltered from democratic debate and accountability – is characterised by debate by a plurality of actors. Such pluralism is limited to those actors who have the resources – including knowledge – that allow for inclusion in policy making at EU level, but is nevertheless significant in shaping policy; it explains the central role of the metaphor of balancing security and democracy, as well as the “competitive cooperation” between new and more consolidated policy areas. The EU is facing another difficult challenge in the attempt at establishing itself as a new security actor and as a supranational democratic polity: important choices are at stake to assure that citizens’ security is pursued on the basis of the rule of law, respect of fundamental rights and democratic accountability.     

Modernizing Russian Foreign Policy

The author argues that Russian foreign policy should focus not on enhancing Russia's status as a great power but on tapping external resources to facilitate the country's modernization. This means relying on instruments of "soft power" and seeking to integrate with the European Union (EU). It also means promoting a new vision of European security in place of the remnants of the cold war.     

Beyond Kyoto: The EU's Contribution to a More Sustainable World Economy

The EU has been leading the world fight against climate change since the late 1990s. This activism on the international scene has served as a stimulus for a common action against global warming that has, in the last 10 years, become a world referent and the central issue in the EU environmental policy. The most relevant initiative is the greenhouse gas (GHG) emissions trading scheme (ETS), adopted in fulfilment of the Kyoto Protocol. In 2008, the EU adopted a new set of measures on climate and energy for the post‐Kyoto period (2013–2020). This new legal framework, coupled with the provisions introduced by the Treaty of Lisbon and the ‘Europe 2020’ strategy, represents the EU's commitment to promote a more sustainable European and world economic model.     

The Human Rights Clause in the European Union's External Trade and Development Agreements

Abstract: Since 1992, the European Union (EU) has included in all its agreements with third countries a clause defining respect for human rights and democracy as an ‘essential element’ of its external relationship. A Council decision of May 1995 spells out the basic modalities of this clause, with the aim of ensuring consistency in the text used and its application. The human rights clause is unique to the EU's bilateral agreements, and now applies to over 120 countries. It represents a new model for EU external relations as well as for international cooperation. The EU plays a leading role in the WTO and international economic relations. The human rights clause will have implications for the development of international rules concerning trade‐related human rights policy.     

The environment as a strategic priority in the European Union–Brazil partnership: is the EU behaving as a normative power or soft imperialist?

In 2007, Brazil entered the European Union’s (EU) list of strategic partners; a token of recognition of the place Brazil occupies in current global affairs. Although promoting bilateral environmental convergence is a stated priority, cooperation between the EU and Brazil in this policy field is largely under-researched, raising interesting questions as to whether the current state of play could support EU claims for the normative orientation of its external environmental policy. Through an analysis of partnership activities in the fields of deforestation and biofuels, we suggest that while normative intentions may be regarded as a motivating force, critically viewing EU foreign environmental policy through a ‘soft imperialism’ lens could offer a more holistic understanding of the current state of bilateral cooperation. While the normative power thesis can be substantiated with regard to deforestation, we argue that by erecting barriers to shield its domestic biofuels production, the EU is placing trade competitiveness and economic growth above its normative aspirations. Subsequently, the partial adoption of sustainable development as an EU norm leads to policy incoherence and contradictory actions.     

欧盟核安全立法的新发展及其对中国的启示

欧盟一直重视核安全立法,《建立欧洲原子能共同体条约》缔造了欧盟成员国和平利用核能的合作框架,它在一个集中的监控系统下保证了欧盟核能的供应安全。欧盟在2011年3月福岛第一核电站事故后,加快推进核安全方面法律和政策的制定进程,尤其在放射性废物和核废料安全、辐射防护基本安全方面都采取了最新的立法措施,确保欧盟核能在保证安全的基础上正常发展。我国应借鉴欧盟经验,坚持国际核安全标准,加强核废料和放射性废物安全管理立法,建立较为完善的核安全法律框架。     

The European Emissions Trading Scheme Case Law

Within European climate change and energy policy, the European Emissions Trading Scheme (EU ETS) occupies a prominent role. This article considers the developing case law of the European courts on the EU ETS. Specific attention is paid to the role of the different actors within the EU ETS and the impact that their applications to the courts may have on the further development of the EU ETS. Moreover, the continuing lack of standing of private parties in EU ETS cases is analysed in light of demands for legal certainty within a developing economic market.     

The EU-UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?

In the final days of 2020, the European Union and the United Kingdom concluded a Trade and Cooperation Agreement (TCA) covering a broad range of policy areas, including cooperation of law enforcement authorities and social security systems. The EU-UK TCA is unique as concerns the circumstances of its negotiation and adoption, as well as its substance. However, contrary to the argument of the EU institutions, the agreement will have broad implications for the understanding of the EU's external competence and Member States’ ability to act in areas that are national competence and rely on national budgets. We are critical of the legitimacy of the TCA's conclusion process, consider that the lack of a deep constitutional analysis of the consequences of EU-only conclusion of the TCA, and of the TCA itself, are problematic, and believe that the choices made are likely to create difficulties for the implementation and enforcement of the agreement.     

The evolution of security industry regulation in the European Union

ABSTRACT

The European private security sector has grown from a handful of small companies at the end of the Second World War into a multibillion Euro industry with thousands of firms and millions of security staff. In Europe, the demands for security is not just expressed notionally but also officially in The European Agenda on Security stating the European Union (EU) aims to ensure that people live in an area of freedom, security, and justice. This article will begin by exploring the role of private security in society. It will then move on to consider the main phases in the development of private security regulation in Europe. Following on from this, some of the main areas of policy development will be considered, such as European bodies, initiatives, and standards. Finally, the article will explore some of the potential options for the future in better regulating the European private security sector. From a historical perspective, the evolution of private security regulation can be divided into three phases: the laissez-faire, the centrifugal, and the centripetal era – each with its own distinct characteristics and impact on the concurrent industry. In the EU where there is the legal framework for the development of a single market in services, the key social partners have been at the forefront of developing a series of standards and guidance documents which promote standards across borders at the European level. However, the institutions of the EU have been reluctant to intervene at a European level in setting minimum standards of private security regulation. Thus, the changing terrain of the EU relating to security, regulation, and the private security industry means the current trajectory may be in need of an injection of more radical thought and consideration.     

Mutual Recognition in European Judicial Cooperation: A Step Too Far Too Soon? Case Study—the European Arrest Warrant

Abstract: The European arrest warrant (EAW) is the first and most striking example of the extensive judicial cooperation in criminal matters that is beginning to take place in the European Union. Replacing traditional extradition between EU member states, including the ten accession countries after May 2004, it will operate on the basis of mutual recognition of judicial decisions, thus taking extradition decisions out of the hands of politicians. It rests on the presumption that criminal justice systems are equivalent throughout the EU and that the rights of the defence, in particular, are safeguarded adequately and in a comparable way EU‐wide. However, before the EAW has even been implemented, a number of practical problems are beginning to emerge, in particular in relation to the protection of individual rights and legal certainty in the European judicial space. The way in which these problems are tackled will be a litmus test of the respect for fundamental rights across the EU in the field of justice and home affairs. This article highlights the problems inherent in the rapid development of the principle of mutual recognition and suggests ways in which these problems can be addressed allowing for full protection of fundamental rights within a fully functioning European area of freedom, security, and justice. The EAW will be used to illustrate the prominent features of the emerging landscape of judicial cooperation in criminal matters, providing as it does the most radical example of developments in this field so far and their implications for fundamental rights.     

Analyzing trade opening in Ukraine: effects of a customs union with the EU

This paper analyzes the possible effects of a customs union between Ukraine and the European Union. The GTAP multi-country simulation model of Purdue University’s Center for Global Trade Analysis is applied. The welfare measure evaluated is the change in equivalent variation (EV). As all incomes in the model accrue to a representative household, EV fully assesses possible welfare benefits for Ukraine from bilateral tariff elimination on trade with the EU. As the model includes Ukraine in the aggregated “Former Soviet Union” region (FSU), EV is estimated for the FSU and then disaggregated on the industry level proportionally to trade shares. The results of our simulations suggest that Ukraine’s EV is particularly sensitive to the inclusion of the agricultural sector into a customs union. Due to the highly protected nature of this sector within the EU, Ukraine would be better off if agriculture were excluded from liberalization. If this scenario is assumed, Ukraine’s monetary gain would be in the order of $40 million.

Review of “Youth Peacebuilding: Music,Gender, and Change,” by Lesley J. Pruitt

Ten countries of Central and Eastern Europe and the Mediterranean region joined the European Union in 2004. Two more new members from southeast Europe (Bulgaria and Romania) joined in January 2007. Given the diverse range of political, economic, social, and cultural contexts of these nations, EU enlargement and integration processes have entered a new phase of complexity. In this article, I analyze the cultural policy developments in eight of the new EU member states (the Czech Republic, Estonia, Poland, Latvia, Lithuania, Hungary, Slovakia, and Slovenia), examine in detail state and nonstate cultural funding patterns, and assess the influence of EU policy—especially with regard to the Culture Program, Structural Funds, and European cultural cooperation initiatives—for its impact on cultural policy development in the new member states. Next, I discuss the new forms of pan-European cultural cooperation, focusing on the development of networks, foundation initiatives, and observatories. Finally, I explore issues in development of cultural policy in the new member states and conclude with recommendations for the future of the enlarged EU.     

Balancing Between Human Rights Assumptions and Actual Fundamental Human Rights Safeguards in Building an Area of Freedom,Security and Justice: a Cosmopolitan Perspective

Rhetoric often claims that the European Union (EU), in issues related to Justice and Home Affairs, has to be united in its diversity. As such, the asylum and judicial systems of the Member States are initially perceived as equally good. By applying the cosmopolitan theory on two fields of interstate cooperation, asylum and judicial cooperation in criminal matters, the article explores how cosmopolitan the EU is in these fields, with a specific focus on material detention conditions. For cosmopolitanism to work, it has to be grounded in commonly shared norms, which enable the EU to regulate its dealings with the otherness of the Member States. The crucial role of the European Court of Human Rights and the Court of Justice of the European Union in placing boundaries on the equal goodness of the Member States’ asylum and judicial systems is analysed. This judicial reality in which cosmopolitan norms are established and protected is discussed, together with the political realities dominating policy debates in order to build an Area of Freedom, Security and Justice.     

The European Union as a negotiator in the international climate change regime

While the leadership role of the European Union (EU) in the climate change regime has been largely acknowledged, less attention has been paid to identifying the reasons why the EU often fails in climate change negotiations. Such an undertaking is deemed imperative following the negative for the EU turn of events at the 2009 Copenhagen climate summit. There is sufficient literature to be found on the link between the Union’s unique and complex organizational structure and its inability to act cohesively and purposefully. This study seeks to add to this corpus by looking at the extent to which the EU has been able to learn from its mistakes and incorporate timely remedial action. Even though important, the EU’s failures as a global actor cannot be explained by only looking at its ineffective institutional architecture. A more systematic understanding of the reasons behind EU’s failures in climate talks is in fact needed. By using Underdal’s theory of ‘negotiation failure’, this study tries to explore the extent to which negotiation theory could help with better comprehending the obstacles that prevented the Union from getting more out of the climate negotiation process.     

The Management of New Forms of Governance by Former Accession Countries of the European Union: Institutional Twinning in Estonia and Hungary

Abstract: At the Copenhagen summit of 1993, the European Union introduced three criteria for accession to the European Union—political, economic, and adoption of the acquis—combined in 1995 with the necessity, for the candidate states, to have the institutional capacity to implement the acquis.?Until the reform of the PHARE programme in 1997, the European Union did not have any cooperation programme for institution‐building. Conceived as an innovative instrument in European external cooperation, institutional twinnings are inspired, in their design and their implementation, by new methods of governance emerging from the internal policies of the European Union (new public management, open method of coordination). How did the candidate countries interpret and implement institutional twinnings? Can one simply speak of institutional transfers or are the results of cooperation between Western and Eastern élites and experts of a more complex nature? This article attempts to draw some lessons from the experience of twinning on the basis of sectoral case studies in two countries, Estonia and Hungary, which took part to the EU enlargement of May 2004.