Making words count: Coalition agreements and cabinet management

The cabinet is a central actor in policy making in parliamentary systems. Yet, relatively little is known about how coalition cabinets operate. The delegation of decision‐making authority to ministers invites policy drift, which threatens the cohesiveness of the cabinet's policy programme. Cabinets employ a variety of methods to contain policy drift. The writing of coalition agreements is among the major tools, but there are others, including limiting ministerial autonomy and the use of junior ministers to shadow ministers. The present study demonstrates that coalition agreements are written to contain policy drift and that it is directly related to the degree of hierarchy in the cabinet. It studies the factors that affect the likelihood of a coalition agreement being written and how extensive they are, if written. Among these are the ideological diversity found in the cabinet, the use of alternative methods for controlling ministers and the complexity of the bargaining situation.     

Challenges to the East Asian environment

Abstract

Can economic interdependence reduce conflicts among states in East Asia? The so-called ‘cold politics and hot economics’ has become a defining feature of Sino-Japanese political-economic relations. This puzzling pattern of interaction is clearly illustrated in the sovereignty dispute over the Senkaku/Diaoyu Islands. The island dispute has unfolded in five rounds of distinct clashes thus far. From one perspective, the competitive elements in the island dispute make it difficult for both Japan and China to give way to the other side on the territorial and maritime issues. At the same time, the two countries have successfully managed to contain their respective territorial and maritime claims thus far. Drawing on the liberal peace theory, this article systematically demonstrates that economic interdependence has repeatedly fostered the de-escalation of Sino-Japanese conflict over territorial and maritime rights.     

Indonesia and bilateral trade agreements (BTAs)

Abstract

This paper analyses the perspectives of Indonesian state and non-state actors towards their country's increasing tendency to use bilateral trade agreements (BTAs) as part of its foreign economic policy. Unlike the other original members of the Association of Southeast Asian Nations (ASEAN), the Indonesian government has been rather slow in pursuing a BTA policy with non-ASEAN member countries. Nevertheless, due to the proliferation of BTAs in other ASEAN countries' foreign economic policies, it was inevitable that Indonesia would pursue similar agreements with its non-ASEAN major trading partners. Despite this, it remains questionable whether Indonesia's participation in such trade agreements will produce such positive results for Indonesian economy. The attitude of the majority of Indonesian domestic constituents to date remains sceptical to this type of agreement. This is not only because BTAs create specific obligations on a range of issues, from trade and investment regimes, this trade strategy also involves deeper and more comprehensive commitments that those agreed at the multilateral level.     

Multilateralising regionalism: what role for the Trans-Pacific Partnership Agreement?

Abstract

The Asia-Pacific region is home to a large and rapidly growing number of preferential trade agreements (PTAs). These agreements differ widely in design, scope and purpose. The “noodle bowl” that has resulted runs the risk of distorting investment and trade. Neither global institutions (the WTO) nor regional institutions such as the Asia Pacific Economic Cooperation (APEC) grouping have successfully addressed these issues. Amidst this increasingly messy situation, the proposed Trans-Pacific Partnership (TPP) agreement stands out for a range of important economic and political reasons, not least of which is its potential to take existing PTAs in the Asia-Pacific region in a new direction. The aim of the TPP negotiators is to produce a comprehensive, high quality, multi-party agreement to tame the tangle of PTAs and be a potential stepping stone to achieving the goal of liberalizing regional trade on a non-discriminatory basis. The economic gains from removing border barriers among the countries involved in the initial TPP negotiations are likely to be limited, however, given the small size of many of the economies and the existing PTAs among them. To date, the US has been unwilling to offer a single set of arrangements for all TPP partners, preferring to build on existing bilateral agreements. Pessimism about the immediate results from the TPP should be tempered, however, by considerations of the dynamics that it might set in train; on the other hand, it has the potential to divide the region and exacerbate China's concerns about “containment”.     

Common Security and Defence Policy peace operations in the Western Balkans: impact and lessons learned

Abstract

Common Security and Defence Policy (CSDP) missions have increased substantially in number, functions and geographic spread since their inception in 2003. Despite their expansion in numbers and scope, especially in the Western Balkans, few systematic assessments of the contributions that CSDP missions make to peacekeeping and peacebuilding efforts have been undertaken to date. This article addresses that lacuna by assessing the contributions CSDP missions have made in recent years to peacekeeping and peacebuilding in the Western Balkans. It explores whether CSDP missions in that region: make an intrinsic contribution to peacekeeping and peacebuilding in those countries or merely profit (or take credit) from the initial groundwork laid by United Nations (UN) and North Atlantic Treaty Organization (NATO) missions; are adequately coordinated within the European Union (EU) and between the EU and other international organisations, including NATO; are sufficiently embedded or effectively linked to other EU instruments, such as the Stability and Association Process to the Western Balkans; and engender adequate elite or public support or ‘ownership’ in these countries.     

The EU's post-liberal approach to peace: framing EUBAM's contribution to the Moldova–Transnistria conflict transformation

This article analyses what may be termed as the European Union's (EU) post-liberal approach to the Moldova–Transnistria conflict. Since 2003, within the ENP framework, the EU has become increasingly committed to its transformation. Such an engagement is further confirmed by the establishment of the European Union Border Assistance Mission to Moldova and Ukraine (EUBAM) in 2005, aimed at building confidence between the parties, stimulate their economic interdependence and change perceptions about the conflict. The mission's outcomes are moving beyond its technical scope, supporting the conflict peaceful transformation. The focus on bottom-up initiatives and local engagement allows for a broader understanding of the complex dynamics underlying the conflict, which together with the high-level negotiation process may provide a holistic approach to its resolution and increase the likelihood to reach a sustainable settlement.     

A matter of balance: the European Union as a mediator in Yemen

The mediation efforts of the European Union (EU) Delegation in Yemen started with the uprising in 2011 which led to the conclusion of the National Dialogue Conference in 2014. This article examines the EU's understanding of mediation vis-à-vis its practice. The case of Yemen lends itself to trace EU mediation capabilities from the implementation of the “Concept on Strengthening Mediation and Dialogue Capacities” to a more systematic approach because the Mediation Support Team (MST) of the European External Action Service took office in 2011. Building on an analytical framework of mediation as a tool of EU foreign policy, this article demonstrates how EU mediation presents itself along a political and a technical dimension. The collaboration of the MST and the EU Delegation personnel in Yemen fostered an increase in mediation awareness. However, it could not develop its full potential as the UN Special Advisor sidelined the EU and other members of the Group of Ten Ambassadors through his proactive approach. Despite those difficulties of standing up to established actors in the field, this study argues that EU mediation is about balancing its political and technical dimension. For now, the political seems to outweigh the craft of mediation in the case of Yemen.     

Arbitration in financial dispute resolution: the final step to reconstructing the default(s) and exception(s)?

In this article, I argue for caution in embracing family arbitration as a new form of private ordering for resolving parties' financial disputes. I explain that family arbitration may be more successful than other forms of private ordering and final court hearings in enabling certain types of parties to resolve certain types of disputes. I consider why family arbitration may not become numerically significant despite its potential benefits, but may be much more important in normative terms. Lawyer-led negotiations remain the most common form of out-of-court resolution and constitute the de facto default form of bargaining in the shadow of the normative regime framed by ss 23–25 Matrimonial Causes Act 1973. Together with the transformation in approach to nuptial agreements, family arbitration may mark a normative shift towards autonomy and private ordering. I question whether this is a desirable step for family law, at least before we have resolved the underlying policy debate.     

国际法的和平软肋——从康德的《永久和平论》说起

国际法是以维护和平与促进发展为根本价值取向的国际法律体系。实现和平的使命是国际法赖以存在的重要基础。康德的永久和平思想重视国际法的制度和组织建设,但忽视了实现和平的心理因素。深受康德永久和平思想影响的现代国际法体系也偏重于法律制度和国际组织的建设,对人类内心和平的建设重视不足。虽然一些国际法律文件和个别国际组织已经意识到了内心和平对世界和平的重要性,并做出了积极努力,但显然还是很不够的。真正的永久和平只能从人的内心开始实现。国际法应该在进一步加强和完善现有国际法制度和国际组织建设的基础上,更加重视人类内心和平的宣传和建设。这是国际法的新使命。     

The undoing of a unique relationship? Peace and security in the EU–South Africa Strategic Partnership

ABSTRACT

When the European Union (EU) and South Africa acceded to a strategic partnership, they expanded into new areas of partnership. One of these areas was peace and security, which is the focus of this article. The article argues that, although there appears to be a shared understanding of what security means, the strategic partnership has not been utilised significantly to further this understanding in practice. This is largely due to the EU's preferences for a continental, multilateral approach over the bilateralism of a strategic partnership. At the same time, South Africa sees its strategic partnership with the EU as being outside of its broader commitment to regional security. As a result the peace and security element of the strategic partnership has not been leveraged effectively despite several entry points for action. The article thus concludes that both the EU and South Africa need to re-think the current arrangement.