Your rule of law is not mine: rethinking empirical approaches to EU rule of law promotion

The promotion of the “Rule of Law” is a leading ambition of the EU’s external action (Article 21 TEU). The dominant approach in most policy documents is to define the rule of law in terms of legal and institutional checklists. However, several authors have criticized this “anatomical” approach and have argued for a “sociological” approach. In this paper, I will discuss two empirical models of the rule of law. Most current studies follow the model of the “Rule of Law in Action.” This approach is based on Roscoe Pound’s distinction between the “law in the books” and the “law in action.” I will argue that this conventional approach has several shortcomings. I will therefore introduce an alternative model, based on Eugen Ehrlich’s concept of the “living law.” The principal concern of the “Living Rule of Law” model is not the level of social support but rather the social definition of the rule of law. To assess the strengths and weaknesses of both approaches, I will apply both models in a case study about rule of law reform in a refugee camp on the Thailand–Burma border. It will be concluded that empirical research is essential to evaluate the EU’s external action. Moreover, empirical studies based on the model of the Living Rule of Law support a legal pluralist approach, which focuses on the user perspective of citizens and which recognizes the contested notion of the rule of law across cultural borders.     

The EU as a global rule of law promoter: the consistency and effectiveness challenges

This paper aims to examine the consistency and effectiveness of the EU as a global promoter of values by focusing on the rule of law, one of the key values on which the EU is based and which is also supposed to guide EU’s external action. The paper first offers the diagnosis that the EU has failed to properly address a number of key issues: (i) what the EU seeks to promote under the heading ‘rule of law’, (ii) how it measures and monitors a country’s adherence to this principle and (iii) the disconnect between its external and internal policies and instruments. To address these issues, four key recommendations are made: (i) the adoption of a guidance note, (ii) the development of a transversal measurement and monitoring instrument, (iii) the adoption of a rule of law checklist and (iv) the revision of the role of EU Fundamental Rights Agency, with the view of transforming it into a ‘Copenhagen Commission’ with new powers and a broader geographical remit.     

Strengthening the rule of law in Indonesia: the EU and the combat against illegal logging

Indonesia is an emerging power, but one problem particular taints the success story: corruption. While corruption affects all public policies, its disastrous effects are most visible in forestry. Indonesia is still home to the third largest rainforests in the world, but the country is losing its forests fast. One main driver of deforestation is illegal logging. The strengthening of the rule of law is therefore a key to stop or at least to slow down Indonesia’s deforestation rate. The European Union has been keen to support the Indonesian government in its fight against illegal logging in accordance with the European Forest Law Enforcement Governance and Trade Policy (FLEGT). In September 2013, Brussels and Jakarta have signed a FLEGT Voluntary Partnership Agreement (a FELGT-VPA, more commonly known as “Timber Pact”). Under the Timber Pact, Jakarta promises an overhaul of its forest governance. This reform of forest governance is costly to the Indonesian government, in financial and political terms. After all, many actors profited from the old system. The question arises why the Indonesian government agreed to the Timber Pact. In the first part of the analysis, a rationalist perspective is taken to answer this question, focusing on the political and economical gains for the decision-makers. The second part looks at the issue from a constructivist angle and shows how the norm “fight illegal logging” fitted into the normative framework of Indonesian politics. By combining a rationalist and a constructivist perspective, a broad picture of successful EU norm diffusion is painted.     

欧盟东扩对俄罗斯与欧盟经济关系的影响

苏联解体、东欧剧变以来,俄罗斯及中、东欧国家与欧盟的经济联系日益密切。2004年,欧盟东扩将绝大多数中、东欧国家纳入欧盟共同市场,这势必影响到俄罗斯与欧盟的经济关系。从近期来看,由于俄罗斯与欧盟及中、东欧国家之间的经济关系主要体现在能源合作方面,因此,东扩对俄罗斯与欧盟经济关系的影响不大。然而,从长期看,由于欧盟东扩使欧盟与中、东欧国家经济合作的进一步加强,以及欧盟作为一个区域经济集团不可避免的排他性,都可能对俄罗斯与欧盟的经济关系产生负面影响。     

欧盟对印关系初探

欧印关系近年来突飞猛进,从开启首脑对话大门到确立战略伙伴关系,相隔不过4年时间。如今,双方在政治、经济、社会领域互动频繁,经济关系发展迅猛,战略伙伴关系正在落实。作为双方关系主要塑造者的欧盟,选择印度为外交重点出于三方面原因:发展到特定阶段的自然要求、现实利益驱动和战略上的考虑。欧盟与印度建立战略伙伴关系,不仅使欧印双方得益,而且对当前世界格局产生越来越显著的影响。     

欧盟:挫折与反思

近一年欧盟遭受连串挫折,宪法条约批准进程受阻,经济总体低迷,"法德轴心"作用下降,凝聚力减弱,成员国社会不稳定因素突显.欧盟一体化建设陷入低潮.但欧洲一体化进程已成历史潮流,也是欧洲前途所系.欧盟为防止本身一体化事业的后退和失败,正在进行反思与调整,以走出困境,重新走上健康发展的轨道.     

欧盟一体化与多极化

经过半个世纪的艰苦努力,且不断从理论和实践两个层面的总结,加之欧盟以一体化的形式在欧洲加快内外整合,欧盟终于成为面貌发生重大变化的主权国家联合体。它以其成功经验提出治理全球的“欧洲理念”,欲在国际关系中扮演“一流角色”、“稳定器”和“方向标”。“欧洲理念”与美国的单边主义发生“大碰撞”,在理念、国际法、外交改革、经贸等6个方面发生歧见,对此应予实事求是的估量。大量事实证明,欧盟在国际关系中所起的独特和制衡作用,表明一体化与多极化进程并行不悖。     

北约与俄欧关系

冷战后,北约作为世界上最强大的政治军事联盟,通过东扩、科索沃战争及俄罗斯-北约合作机制的建立,继续保持了对俄欧关系的重大影响。由于俄欧关系和俄北关系之间存在着互动关系,俄为保证优先发展对欧关系的方针取得成功,必须同时加强与北约的关系。从俄罗斯、欧盟、北约和美国等彼此间的复杂关系看,俄欧关系的发展可进一步推动俄北合作关系机制化,并降低北约作为美国全球战略工具的作用。但由于战略和经济上的分歧与矛盾,俄欧合作存在明显的局限性,这将导致俄欧关系在上述方面的影响力和作用受到较大限制。     

欧盟治理的变量与困境

随着欧洲一体化开始更多地向高级政治领域的治理过渡,欧盟治理表现出明显的超国家化倾向。欧盟东扩、欧盟制宪分别反映了欧盟治理的广化和深化,超国家权力、超国家制度和欧洲认同成为影响欧盟治理绩效的关键因素。与此相关,主权、民主和认同在欧盟治理中的地位日趋重要。主权的让渡是欧洲治理权力的重要来源,民主是欧洲非国家层面治理制度安排合法性的重要保障,欧洲认同是欧洲治理的文化基础。当前欧盟治理的困境是民主赤字和认同赢弱影响了主权让渡。欧盟治理的深化要求提高治理效率,这意味着更多的主权让渡,民主和认同须为此提供支持。     

EU Power Balance

Intense clashes of interests and collusion of ideas sprang up incessantly among nations over upward sovereignty transfer, interests distribution and maintenance of parity among partners in the course of economic integration. Disparities in size, territory, national strength and development level conceivably often led to tensions and even crises over power distribution. So EU history can be described as one of crises or crisis settlement through reaching a new equilibrium, a significant process for sustained EU stability.……     

EU Diplomacy and the EU–China strategic relationship: framing,negotiation and management

This article focuses on the development of the EU’s strategic relationship with China, by exploring the balance amongst three key mechanisms mobilized by the EU: framing, negotiation and management. The article outlines these issues in general, relating them to relevant conceptual and theoretical concerns, and then applies them to the EU–China strategic relationship. Through an examination of the framing ideas embodied in key documents, the development of an EU–China “negotiated order”, and the management of cooperation and competition in sectoral and institutional contexts, the article identifies a number of key tensions and requirements for effective coordination, which affect the potential development of an effective EU strategy.     

EU Security Strategy

The European Security and Defence Policy (ESDP) comprises an important part of the EU's Common Foreign and Security Policy (CFSP). The aim of ESDP is to strengthen the EU's external ability to act through the development of civilian and military capabilities for international conflict prevention and crisis management. In December 2003, the EU adopted its first European Security Strategy (ESS). Ever since then, the implementation of the ESS has been regarded as one of the biggest challenges for the EU in CFSP/ESDP matters. Although much progress has been made in its independent security and defence-building process, EU still faces serious problems and difficulties in this policy area. This paper tries to examine these recent developments, assess their impacts in regional-global security, and analyze existing problems and future trends. Finally, the author also examines EU-China engagements in recent years and explores possibilities for their future cooperation in the area of international security.     

EU Development Predicaments

The massive debt of the EU member countries,the short sales of Wall Street,and intensifying media hype have resulted in the continued spread of the European sovereign debt crisis,a crisis that in fact ...     

Ever-developing Relations Between China and EU

<正>This year marks the 40th anniversary since China and European Communities——the precursor to European Union——established diplomatic relationship and this relationship is becoming a mature one.From acquaintance and interaction to the present close cooperation,China-EU relationship has gone through extraordinary and bumpy years and also harvested valuable     

The EU and the Peacebuilding Commission

What can the world hope for from the Peacebuilding Commission, given the record of the United Nations in this area? And what contribution can the European Union (EU) offer, given its own record in engaging with countries emerging from violent conflict? The essential task in peacebuilding is to restore a war-torn society's capacity to manage its own conflicts. The priority for the Peacebuilding Commission should be to develop international support and legitimacy for this task, avoiding muddying it with the foreign policy objectives of donor states. The EU has much to offer and much to gain from establishing this growing area of global governance on sound principles and internationally accepted lines. The paper argues that the EU can and should play a leading part in developing the Peacebuilding Commission. It reflects on principles that could be applied and practices that should be avoided.     

Social Identity Theory and EU Expansion

In this article, I build a theory of European Union (EU) expansion using Social Identity Theory. The theory proposes that the development of a national identity in relation to Europe is the most significant contributing factor to a policy to support/oppose expanding the EU to include applicant countries. According to the theory, strength of identity—whether more national or European—is the key variable in explaining the policy toward applicant countries. As a preliminary exploration of the theory, I look at why some decision-makers within EU countries support Turkey's accession while others do not. The identities among top decision-makers within Britain, Germany, and France are used to examine the policy preferences regarding Turkey's bid for membership into the EU during these three recent progressions: the recognition of Turkey as a candidate country in 1999, the development of a timeline for full membership in 2002, and the beginning of accession negotiations in 2005.     

EU Security Policies and Their Prospects

EU security policies consist of two aspects. Internally, they involve behaviors among European states. Externally, they refer to EU policies towards other countries and regions. I. EU's internal security policies. Europe's integration has impact on EU's internal security policies. Today, it is impossible to have war or face military threats among EU members. After suffering countless wars, this achievement is by no means easy. The reason for this achievement is that we believe if traditional nation states can open their borders, conduct cooperation, and render part of their sovereign rights to an integration institution, they will coexist even more peacefully. In the past half a century, the internal security policies of the EU have worked, ensuring that Europe has not witnessed military conflicts any more.     

Eastern Enlargements and EU Defence Ambitions

ABSTRACT

Despite their common history, Central Europeans have never had a coordinated or consistent position on the issue of European defence and are now, in fact, drifting further apart. Today, some states consider themselves exposed to a threat from Russia while others do not have the same perception and are even moving towards closer cooperation with Moscow. However, the most important factor shaping the positions of Central Europeans is the current, still very loose state of the European Union’s defence policy. As long as the Common Security and Defence Policy (CSDP) remains focused on providing security and stability to other parts of the world and weak on defending the EU area, Central Europeans will refrain from truly committing to it.     

中欧关系演进的内在逻辑:基于欧盟对华援助的视角

欧盟对华援助的主要表现在援助资金呈递增趋势、援助领域由早期的农业援助转向经济和社会改革领域、援助项目要按照"标准化"要求操作等三个方面。从援助特征可以看出欧盟对华援助背后的政治经济逻辑正好吻合了新自由主义对国际政治经济生活进行必要干预的主张,把欧盟成员国和欧盟内部的社会经验在援助国得以拓展,使其经济运行和社会秩序朝着欧盟所拟定的方向发展,这也恰好表明欧盟对华援助的行为不可能偏离自利立场。但是,中国在坚持独立的外交政策和方针下,使得中欧关系逐步朝务实性方向发展,在合作基础上解决面临的共同难题,谋求长期的战略性合作伙伴关系依然符合中欧关系发展的趋势。