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.     

Context matters: interim stabilisation and second generation approaches to security promotion

The scale and ferocity of post-war violence regularly confounds the expectations of security and development specialists. When left unchecked, mutating violence can tip ‘fragile’ societies back into all out warfare. In the context of formal peace support operations, conventional security promotion efforts are routinely advanced to prevent this from happening. These include disarmament, demobilisation and reintegration (DDR) and wider security system/sector reform (SSR). There are also lesser known but no less important interventions to promote security that deviate from—but also potentially reinforce and enhance—DDR and SSR. Faced with dynamic post-war contexts, erstwhile warring parties, peace mediators and practitioners have crafted a host of innovative and experimental security promotion initiatives designed to mitigate risks and symptoms of post-war violence including interim stabilisation measures and second generation DDR. Drawing on a growing evidence base, the article sets out a host of contextual determinants that shape the character and effectiveness of security promotion on the ground. It then issues a typology of emergent practices—some that occur before, during and after DDR and SSR interventions. Taken together, they offer a fascinating new research agenda for those preoccupied with post-war security promotion.     

Congruence-building on multiple fronts: Indian elite perceptions of EU rule promotion in India during the EU-India FTA negotiations (2007–2013)

Asia Europe Journal - How does the European Union export its rules and regulations to its partners during free trade negotiations? While the research fields on EU foreign policy promotion abroad...     

Differing member state approaches to the development of the EU Battlegroup Concept: implications for CSDP

Abstract

This article will analyse the challenges facing the Common Security and Defence Policy (CSDP) through an evaluation of the impact that differing member state strategic cultures have on the EU Battlegroup Concept, highlighted through the examples of Germany and Poland. The concept was initiated to give the EU an increased rapid reaction capacity. However, as emphasised through the cases of Germany and Poland, divergences in EU member states' strategic cultures remain, including when, where and how force is used. When this is combined with the cost of plugging military capabilities' gaps, the political willingness to deploy a Battlegroup can be affected. Whilst the article highlights that the role that member states want to play within CSDP as well as international expectations can override constraining factors, the Battlegroups rely on a rotation system. As some member states are more willing to deploy the Battlegroups than others, the concept risks becoming a declaratory policy thus undermining CSDP.     

Rights-based approaches to development: what is the value-added?

Advocates and activists for human rights are currently facing a paradox: the coexistence of profound challenges in familiar territory (civil liberties) alongside expansion into new areas. Rights-based approaches (RBAs) are a part of this latter expansionary stream. This article argues that four kinds of potential value-added can be claimed. First, value-added can be sought through direct, indirect, and strategic uses of the law. Second, value can also be added by re-centring the state and (re)asking the question about its appropriate role in development (delivery, oversight), and strategising engagement with the state. Third, in relation to accountability, RBAs add value by calling the state to account; building capacities of rights holders and duty bearers; and encouraging a new kind of ownership of human rights among NGOs. Fourth, the article explores claims that RBAs re-politicise development, redefining it as rights-based rather than based on benevolence; reclaiming or re-politicising the key (process) terms of development; addressing the root, structural causes of poverty and conflict, rather than the symptoms; and speaking truth to power. Not all of these contributions are unique to RBAs, however, and on all counts it remains to be seen if RBAs will deliver on their promise.     

Personal rule,neopatrimonialism, and regime typologies: integrating Dahlian and Weberian approaches to regime studies

The concepts of personal rule, neopatrimonialism, sultanism and related conceptual labels have been widely used in political research, yet remain inadequately conceptualized. To make it a useful analytical category for comparative research, this article clarifies the concept of personal rule, derives its minimal definition and shows its proper genus, state authority structure. A new typological framework is advanced as an improved conceptual scheme that is able to capture variation on two salient dimensions of contemporary regimes in the developing and postcommunist worlds, the extent of political competition and the type of state authority structure.     

Building resilient supply chains in uncertain times: a comparative study of EU and ASEAN approaches to supply chain resilience

Asia Europe Journal - Amid rising uncertainty in the global economy and unprecedented economic disruption caused by the COVID-19 pandemic, the concept of supply chain resilience has gained...     

俄罗斯的大国法治建设:现状、难题及发展趋势

俄罗斯正在积极建设具有俄罗斯特色的大国法治,建立强有力的国家权力,完善市场经济法律制度,重建收入分配制度,统一法治思想.由于俄罗斯的大国特性,无论是在法律制度上,还是在法治思想上,俄罗斯法治建设的难题还很多.当前"梅普组合"权力机制为俄罗斯法治建设的发展提供了契机,大国内部治理机制的法治化得到加强,与其他大国之间的经贸往来和制度建设不断扩大,新的理性而积极的法律意识有所增强.但俄罗斯要实现统一有效的大国法治目标并不容易,"梅普组合"政权面临着许多困难和挑战.     

Fighting for the rule of law: civil resistance and the lawyers' movement in Pakistan

Pakistan, sometimes referred to as ‘the most dangerous place on earth’, is not typically thought of as a place where popular nonviolent resistance could take root, much less succeed. Citizen apathy, poor governance, and fear of regime repression and terrorist violence are barriers to effective civic activism inside Pakistan. Yet, over the past two years, Pakistan's authoritarian ruler was ousted and its independent judiciary restored following a massive grassroots campaign led by lawyers. The ‘men in black’, whose insistence on the rule of law and embrace of nonviolent struggle captured the hearts and minds of millions of Pakistanis, helped transform the country's political landscape in unexpected ways. The successes tallied by this nonviolent movement, this article will argue, can be attributed to the large-scale non-cooperation and civil disobedience that pressured two successive Pakistani regimes – one authoritarian and one democratic – to yield to its demands. Unity and mass participation, nonviolent discipline, and the creative use of nonviolent tactics were three key ingredients of success. While instability and Islamist extremism continue to plague Pakistan, the lawyers' movement highlights the steadily growing strength of Pakistani civil society have a potential to influence democratic change in the country.     

Constructing new environments versus attitude adjustment: contrasting the substance of democracy in UN and EU democracy promotion discourses

In contrasting UN with EU democracy promotion discourses, the article contributes to the debate on the substance of EU democracy promotion by approaching the question of ‘democratic substance’ from the vantage point of sovereignty. For its analytical framing, it draws on relevant aspects of Foucault's work on power. The article suggests that, due to their diverging obligations to sovereignty, the substance of democracy promotion in UN discourses revolves around an institutional-centric understanding, whereas in EU discourses we see a significant reconceptualization of democracy as a norms-based concept. The latter does not aim at the government of society but the ethical self-governance of socially embedded individuals. It is argued that, with the decreasing purchase of democracy as a universal political project and the growing concern with local contexts, the EU's norms-based conception emerges as better equipped to adapt to contemporary challenges of governing. The article concludes with raising some doubts about the democratic promise and potential of the democratic rationality underpinning EU discourses. Democracy, participation and political change are no longer conceived in terms of shaping and influencing public agenda but refer to socially shaping and influencing subjective perceptions and behaviours.     

The EU and Russia's conflicting regime preferences in Ukraine: assessing regime promotion strategies in the scope of the Ukraine crisis

This paper evaluates the competitiveness of the European Union (EU) and Russia's regime preferences in their foreign policies towards Ukraine in the scope of the on-going Ukraine crisis. It is argued that the underpinning geopolitical environment Ukraine currently resides in, wedged between two much larger powers (the EU and Russia), renders it a vulnerable target state for regime promotion from both sides. Indeed, since the 2004 Orange revolution in Ukraine, both the EU and Russia have had discernible regime promotion strategies in their foreign policies. The EU's regime promotion has focussed on facilitating democracy in Ukraine, along with more material interests (trade and strategic aims) while Russia has reacted with increasingly zero-sum policies which pursue its preference for having a loyal and Russian-facing regime in Ukraine. Ultimately, the increasing competitiveness of the EU and Russia has been a key factor in the onset of the Ukraine crisis, which offers important insight into the relationship between large powers and the smaller third states which lie in their overlapping spheres of influence.     

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。     

欧盟扩大新战略：变“吸纳”为“融合”

2006年11月8日,欧盟委员会发表了入盟谈判的年度评估报告,对欧盟与土耳其和6个巴尔干国家的谈判进程进行了阶段性评估,并在附件中提出了欧盟未来扩大的新战略。新战略称,欧盟今后的扩大进程会更趋谨慎、缓慢,接纳新成员将视自身的“融合能力”而定,即需同时满足三个条件:一是候     

How some reflections on the United States' experience may inform African efforts to build court systems and the rule of law

This study examines how court systems capable of holding public officials accountable evolve. Although its main purpose is to inform the way we understand this process in Africa and other parts of the developing world, the account tries to make general points by way of a short, idiosyncratic excursion through United States' judicial history. The purpose is to examine more closely important aspects of explanations often not considered. Reform requires more than an incentive to seek change. Leadership, appropriate framing, a supply of ideas, and institutional capacity all matter too. Rarely do these things come together at the same moment, although happy conjunctions are more likely to occur in some political systems than in others. Change happens slowly, in fits and starts, with the benefits realized only after the ingredients are all assembled. Whether it is possible to sustain the impetus for reform while the pieces come together may depend heavily on the existence of organized civic groups and the links between the members of these groups and those in power.     

How to Tame Your Dragon: An Evaluation of India's Foreign Policy Toward China

In the past 60 years, India-China relations have oscillated between friendship, hostility and indifference. In recent times, both countries have started competing for global economic gains and political status. In light of these events, the objective of this article is to analyze various strategies used by China against India, and India's policy response to these strategies. The article evaluates the process of foreign policy decision making in India, and traces the historical evolution of India's foreign policy towards China. It then deconstructs China's foreign policy towards India, and provides the rationale behind its strategies. The article suggests that after initial engagement with India on the question of boundary disputes, Chinese foreign policy has undergone a dramatic shift since 2007. It specifically evaluates the twin Chinese tactics of military incursions and denial of legitimacy to the Indian territories of Arunachal Pradesh and Ladakh. Based on an analysis of China's previous boundary disputes resolution record with neighbors, these tactics are identified as an extension of China's new strategy for resolving such disputes. The article concludes by suggesting various policy options available to India to counter China's new strategy on the Sino-Indian border.     

The evolution of South Africa's democracy promotion in Africa: from idealism to pragmatism

South Africa is an emerging power with fairly strong democratic institutions that were crafted during the transition from minority to majority rule twenty years ago. How has South Africa used its position and power to promote democracy in Africa? Against the backdrop of debates on democracy promotion by emerging powers, this article probes attempts by successive post-apartheid governments to promote democracy in Africa. We argue that although democracy promotion featured prominently in South Africa's policy towards Africa in the immediate post-apartheid period under Nelson Mandela, the administrations of Thabo Mbeki and Jacob Zuma faltered in advancing democratic norms. This is largely because South Africa has confronted pressures to maximize pragmatic national interests, which have compromised a democratic ethos in a continental environment where these values have yet to find steady footing.