Exploring the role and place of the Permanent Representative Committee within the African Union

It can be confidently stated that, since its constitutive act came into effect in July, 2001, the African Union (AU) has enjoyed increasing attention at the administrative level from a number of scholars. Most of these scholars focus, however, on the evolution of the AU in general or on the Peace and Security Council and its components and how it links with regional organisations and the United Nations. This article adds to the existing literature by looking closely at the role and place of the Permanent Representatives Committee (PRC) in the decision-making framework of the AU. It also critically analyses the potential of the PRC and the challenges facing it as one of the most important decision-making committees of the AU. Lastly, it examines the evolution of the PRC and its functions. Finally, among other things, the article questions the lack of transparency practised by the PRC and proposes new approaches.     

Explaining the Crisis of the European Migration and Asylum Regime

Since 2013, the European migration and asylum regime has entered a phase of crisis, which reveals the deep interdependencies between its different components (including intra-EU mobility) and the unbalanced nature of its normative foundations. This original structural fragility had not fundamentally compromised the overall functioning of the regime until two major exogenous factors (the economic crisis, with its asymmetrical impact on the eurozone, and the wave of political instability and conflicts on the southern shore of the Mediterranean) brought its intrinsic limits to the point of rupture. The ongoing, highly contentious process of reform of the European migration and asylum regime is an unprecedented and crucially important test of the capacity of one the European Union’s key sectors to evolve under pressure and to adapt to a rapidly and deeply changing geopolitical, economic and demographic environment.     

Interview with Nathalie Tocci on the Global Strategy for the European Union’s Foreign and Security Policy

The Global Strategy for the European Union’s Foreign And Security Policy, “Shared Vision, Common Action: A Stronger Europe”, presented at the European Council on 24 June 2016 by Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy and Vice President of the Commission, was drafted by Nathalie Tocci, Deputy Director of the Istituto Affari Internazionali (IAI) and co-editor of The International Spectator. 

Given the importance of the document, we asked Nathalie for an interview and 18 foreign policy experts from around the world to comment on it.     

Europe under occupation: the European diplomatic community of practice in the Jerusalem area

ABSTRACT

This article shows how the existence of a community of European practitioners in the Jerusalem area gives substance to the European stance on the Israeli–Palestinian conflict. The often-stated European Union (EU) support for a two-state solution could appear meaningless in the absence of peace negotiations. However, European diplomats (i.e. diplomats of EU member states and EU officials) in the East Jerusalem–Ramallah area are committed to specific practices of political resistance to Israeli occupation and recognition of Palestinian institutions. These practices have led not only to a specific political geography of diplomacy, but also to a community of practice, composed of European diplomats and based on their daily experience of resisting occupation and bestowing recognition. It is this group of officials who represent and actively “do” Europe’s position and under occupation.     

Casting Aside Clanking Medieval Chains: Prerogative,Statute and Article 50 after the EU Referendum

This article confronts the controversies surrounding Article 50 by analysing the relationship between statute and prerogative in the UK. The piece focuses on domestic constitutional issues and suggests a new way of classifying the relationship between statute and prerogative into two types falling under ‘the abeyance principle’ or ‘the frustration principle’. The abeyance principle means that where statute and prerogative overlap, the prerogative goes into abeyance. The frustration principle means that where statute and prerogative give rise to potential inconsistencies, but do not overlap, the prerogative cannot be used inconsistently with the intention of parliament as expressed in the relevant legislation. It then argues that Article 50 has the status of primary or ‘primary‐equivalent’ legislation which could justify applying the abeyance principle. This would mean that the trigger power would be exercised on statutory authority rather than through prerogative powers. If the courts are unable thus to construe the relevant legislation it argues EU law requires the courts to bridge the gap. Alternatively, if the abeyance principle is not applicable, it argues the frustration principle could apply but the circumstances in this litigation fall outside it. In the further alternative, EU law could require the frustration principle itself to be set aside in this case.     

European Law Beyond ‘Ever Closer Union’ Repositioning the Concept,its Thrust and the ECJ's Comparative Methodology

The article investigates competing understandings of European law. It supports, against the prevailing EU‐centred understanding, an ecumenical concept that embraces EU law, supplementing international instruments, the European Convention on Human Rights and, importantly, various domestic laws enacting or responding to such transnational law, as well as European comparative law. To keep the concept in sync with European politics, it posits a new idea that binds the parts together: to provide for a European legal space rather than further European integration (the ever closer union). This idea can also serve as European law's functional equivalent to forming one legal order. European law thus conceived grasps the puzzling complex of interdependent legal orders, sets a common frame for corresponding reconstructions (European composite constructions, legal pluralism, network theories, federalism or intergovernmentalism) and allows forces with diverging outlooks to meet in one legal field, on one more neutral disciplinary platform. Within this framework, European comparative law finds a new mission as well as a sound legal basis.     

苏联对中国性别平等的影响——以20世纪50年代为例

本文主要讨论在20世纪50年代,社会主义苏联对中国性别平等的影响。中国政府对于苏联模式的仿效与借鉴,以"就业权"上的男女平等最为突出,效果最为显著,以至深刻地影响了几代人的思想与生活。改革开放带给中国人的冲击与反思是强烈的,在苏联模式影响、西方女权主义和中国式妇女解放共存并相互影响的今天,苏联模式与影响虽然已经成为历史讨论的话题,但在经济全球化、文化多元化加速发展的时代,无疑成为全面了解中国社会、中国妇女以及重新审视性别平等的重要方面。     

Astuteness in Commitment: Rwanda and UN Peacekeeping 1994–2014

Abstract

This article traces Rwanda’s history under German and Belgian colonialism, through independence and genocide to international respectability and membership of the Commonwealth. It examines Rwanda’s impressive contributions to United Nations and African Union peacekeeping forces. There is no single explanation for the magnitude of Rwanda’s contribution. It owes something to Rwanda’s commitment to ‘African solutions for African problems’. Deployment is relatively cheap and allows Rwanda to use its participation for political leverage in international affairs, to attract donors and to benefit financially. Peacekeeping is a factor in the astute foreign policy of Paul Kagame’s government that enhances its authority and stability at home and its prestige abroad.     

Economic,trade and development relations between South Africa and the European Union: The end of a strategic partnership? A South African perspective

ABSTRACT

The relationship between democratic South Africa and the European Union (EU) has been in existence for over 20 years, with its roots tracing back to anti-apartheid support measures. In its earlier form, it was anchored in the Reconstruction and Development Programme. Currently, it is guided by the National Development Plan of the National Planning Commission. This relationship has been tested over time, especially as a result of negotiations over the Economic Partnership Agreement with the EU. In the meantime, the euphoria that marked new South Africa's participation in the global system, with trade and development cooperation with the EU as one of the cornerstones, has waned considerably. The cancellation of several bilateral investment treaties with EU member states has further strained the relationship. While there are notable successes in the EU–South Africa Strategic Partnership, these may not be reflective of the actual strategic value of the partnership in the context of global shifts and the rising influence of emerging powers with which South Africa is integrating.     

Reforming sacred institutions: the Communist Party of the Soviet Union and the Roman Catholic Church compared

The Communist Party of the Soviet Union and the Roman Catholic Church (RCC) are both conceptualized as sacred institutions, with many features of ideology/theology, hierocratic structure, and policy process in common. After periods of exclusion, they both also faced strong pressures to adapt to changes in the modern world, both internal and external, and to reduce status differentiation within the hierarchy and between the clergy/apparatchiki hierarchy and the laity/population. The present article compares and contrasts de-Stalinization under Khrushchev (1956–1964) with the results of Vatican II (1959–1965), and Gorbachev’s reforms (1985–1991) with the efforts of Pope Francis to reform the RCC (2013–present). The comparisons validate the explanatory power of the noted similarities between these sacred institutions, while also highlighting significant differences in structure, mission, and process, which explain why Pope Francis has adopted an incremental strategy for reform of the RCC, in contrast to Gorbachev’s revolutionary strategy for reforming the CPSU.