Till Immigration do us Part? Public Opinion and the Dilemma between Immigration Control and Bilateral Agreements

As a result of the initiative against mass immigration (MEI) Switzerland faces a dilemma between control of immigration and the continuation of bilateral agreements. This contribution raises two questions: First, have Swiss citizens' perceptions regarding the incompatibility between immigration control and bilateral agreements evolved since the vote on the MEI in February 2014? Second, what would Swiss citizens decide if they had to choose between the implementation of the MEI and the continuation of the bilateral strategy? We ground our analysis on data from the VOX surveys regarding the MEI and the more recent vote of November 2014 (Ecopop initiative). While Swiss voters still seem to be uncertain about the issue of compatibility, they nevertheless show support for the continuation of the bilateral agreements. Our analyses highlight the importance of age, trust in government and left‐right orientation for individual opinions towards the bilateral way.     

Russia–EU relations at a crossroads: preventing a new Cold War in a polycentric world

In the past year, the Ukrainian crisis has generated an international discussion about a ‘new Cold War’. This article looks into the likelihood of such a scenario and makes suggestions of how it may be precluded. The course of events depends on whether the current model of globalization can be reversed. This would mean not only a change in the current structure of the global economy, but its dismantling. However, it is obvious that for most European and other states, the risks associated with such a policy outweigh potential geopolitical and economic benefits. The international order is in a state of flux. High risks are unacceptable when governments or nations pursue their interests in a stable environment. But when the balance of power shifts substantially, as it has now, the perception of risk threshold also begins to change. European history has shown that large-scale transformations in international relations in most cases triggered tension and violence, caused by rising demands of ascending powers and by resistance of those who were challenged. In the twenty-first century, the polycentric structure of the world provides an opportunity to achieve a new lasting global settlement, and to put an end to the current period of increasing tension.     

Uncertainty at the EU's borders: narratives of EU external relations in the revised European Neighbourhood Policy towards the southern borderlands

This article analyses the role of narratives in European Union (EU) external relations in the revised European Neighbourhood Policy (ENP) and systematically explores how they operate in practice in the context of the EU's border management practices vis-à-vis the “southern borderlands”, in particular with respect to their inclusionary and exclusionary potential. Key EU documents and statements by EU agents, released throughout the first three years of Arab uprisings and pertaining to the revised ENP, will be subjected to a thorough examination which highlights four observations: first, in spite of the fact that the revised ENP is rooted in several narratives, some nevertheless dominate over others; second, the simultaneous presence of and recourse to different narratives contribute to an increase, rather than a decrease, of uncertainty in the EU's southern borderlands; third, despite a multitude of narratives which serve to legitimize EU action in the framework of the revised ENP, the latter perpetuates the logics of its predecessor by generating benefits mainly for the EU itself; fourth, that the first three years of the revised ENP have in practice demonstrated that an imbalance exists between on the one hand the original acceptance of the narratives by EU stakeholders and on the other hand their willingness to abide by them and fill them with life.     

Investment Treaty Law and the Fear for Sovereignty: Transnational Challenges and Solutions

This article addresses the vagueness, and the interpretative challenges associated with, international investment agreements (IIAs) and develops a new normative framework for interpreting these treaties. It focuses on the historical embedding of investment protection as a means of facilitating economic development as well as upon its synthetic public law nature. The analysis shows that a teleological approach to interpretation imposes boundaries on the meaning of substantive IIA provisions. The article then elaborates how the transnational dimension of IIAs provides a benchmark, which is the level of protection offered to economic actors against interference by the state in countries with the highest rule of law standards. The article then shows how the resulting challenges of comparative public law could be addressed through the methodology of re‐ and pre‐statement of transnational uniform ‘principles’: sophisticated and detailed rules striking the proper balance between private economic interests and the public regulatory interest, so as to provide more legal certainty for both investors and host states.     

The political value of languages

A theory of linguistic justice needs to take into account the three distinct values of language as a medium for communication, as a source of individual identity and as an instrument for political self-government. Doing so would undermine Van Parijs’ claim that political borders and peoples should be downgraded to a purely instrumental role for purposes of social justice. But it would widen the scope of egalitarian global justice by including a universal right of individuals to membership self-governing polities and it could provide more solid theoretical foundations for his defence of coercive territorial language regimes.     

Covenant of Mayors: Reasons for Being an Environmentally and Energy Friendly Municipality

The Covenant of Mayors (CM) is the mainstream European movement involving local authorities who voluntarily commit to increase energy efficiency and the use of renewable energy sources within their territories with the aim of reducing CO₂ emissions and meet the European Union objectives by 2020. One country that has a greater number of signatories of this agreement is Spain. This article analyzes which factors influence the decision of Spanish local authorities to join the ever‐growing movement. An empirical model is formulated to describe the behavior of Spanish local governments, this being a binary choice model which is a function of various political, economic, and technical factors. Among the prominent factors that influence this decision are population, availability of renewable energy, fiscal and environmental stress, citizens’ political preference, the contagion effect of neighboring municipalities, the existence of covenant coordinators, and finally, economic motivations.     

The Monitoring Capacity of Civil Society Networks: A Social Network Analysis in the Case of Gender Equality Policy

The role of civil society organizations (CSOs) as a watchdog in the implementation process is widely acknowledged. However, little is known about what determines their capacity to monitor EU policy implementation and how it differs across member states. This article accounts for social capital as well as human and financial capital to determine the monitoring capacity of CSOs. To capture sources of social capital, a network analysis is applied in a comparative case article on the monitoring networks of national platforms of the European Women’s Lobby across eight EU member states. The analysis reveals that CSOs in western member states are rich in human, financial and social capital, while CSOs in CEE member states compensate for this lack of resources by linking up with the Commission.     

Nuclear perceptions from radioactive blue to sustainable green: The EU taxonomy as reflection of a divided public

Following the Fukushima disaster, several European countries revisited their policies and decided to phase out nuclear energy production. More recently, however, the EU taxonomy proposed a classification system of environmentally sustainable economic activities and consequently reopened the debate regarding nuclear energy. This study analyses public comments about the inclusion or exclusion of nuclear energy as a response to climate change, in the conceptual frameworks of ecological modernization, sustainability and technological neutrality. The study highlights the challenge of shaping energy policies amid dynamic circumstances and diverse viewpoints. Proponents of nuclear energy emphasised its low-carbon emissions and climate change mitigation potential, while opponents focused on issues of radioactive waste and environmental risks. The study reveals that sustainability emerges as a potential reconciling framework to match arguments to influence the EU's decision-making, while it reflects the political primacy of this process. Finally, this research recommends improving feedback visibility and enhancing clear communication, and suggests further research directions to understand future EU nuclear energy policies.     

欧盟竞争法对知识产权人滥用市场支配地位之规制--从欧洲法院的视角解析《欧共体条约》第82条

复制生产权是知识产权人独占性权利的重要组成部分,因此,权利人拒绝向第三方授予许可的行为本身并不当然构成《欧共体条约》第82条(以下简称ECT82)意义上之市场支配地位的滥用,但是,这并不排除某些特殊情况下滥用行为的存在。通过一系列案件的审判,欧洲法院对知识产权人滥用市场支配地位的判断总结出了一些标准,一旦符合这些标准,权利人就会被强行要求向市场提供某些产品或服务,尤其是当权利人凭借知识产权垄断了市场“基础设施”的时候,欧盟竞争法就会赋予权利人开放这种“特定门槛”的强制性义务。