Uncertainties at the European Union's southern borders: actors,policies, and legal frameworks

A multiplicity of legal and political arrangements regulate the European Union's external borders. With borders representing the intersection between national and international law and politics, the EU also acquired some legal competences in this realm. The resulting triple set of rules coincides with the growing disaggregation of the classical functions of borders. This state of affairs generates legal and procedural uncertainties and results in a growing ambiguity and lack of transparency, in terms of competences and accountability. Due to the EU's concerns with transnational terrorism, and the growing securitization of migration, the EU's borders with the states of the Middle East and North Africa are particularly relevant in this regard, with the resulting uncertainties touching upon fundamental rights. This article discusses the conceptual starting point of the growing institutional, legal, and political complexity at the EU's southern borders, together with relevant aspects and developments, thus also providing the background to the different contributions in this special issue.     

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.     

Mapping out the institutional geography of external security in the EU

The growth of European Union (EU) competences in the field of external security in the last decade has produced a substantial increase in the number of EU institutions and bureaucratic actors engaged in the planning and management of these policies. Moreover, the expansion of competences in such a sovereign sensitive area comes up against the persistent intergovernmental nature of the security sector. This has resulted, on the one hand, in a complex institutional architecture with heavy demands in terms of coordination, and on the other hand, in a stark differentiation and stratification of the legal regimes with a potential to impact on policy outcomes. This state of uncertainty is particularly relevant when looking at relations with countries bordering the Union, as the long-standing web of interactions there has developed a more complex institutional environment. While most of the scholarly literature focuses on single institutional sectors or policies (Common Security and Defence Policy, European Neighbourhood Policy, or the external side of the Area of Freedom, Security and Justice), this study seeks to address the issue with a comprehensive analysis of the institutional framework that has emerged in the last decade, more notably, since the entry into force of the Treaty of Lisbon. The article provides, first, an overview of the EU’s institutional actors responsible for security policies in the regions bordering the EU, and second, an examination of the different mechanisms established to address the coordination issue. Finally, this study will argue that the traditional military dimension is but one, and certainly not the most developed, of the security instruments employed by the EU. At another level, it will be argued that the shift of focus from the military to other security tools has altered the institutional balance in the security sector, substantially adding to the relative influential weight of the Commission.     

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.     

中国外汇管理法律制度的缺失与调整

中国现行外汇管理法律制度所存在着缺失:外汇法在金融法律体系中缺位;外汇监管机构在金融监管体系中缺位;外汇管理法规体系的系统性与一致性缺失。外汇管理法律制度缺失可能产生监管漏洞,出现监管难度增加的后果。必须调整中国外汇法律制度,制定《外汇法》,明确外汇监管的基本手段,整合管理法规与规章,规范法规创制程序,整合法规体系。     

浅议BOT在我国的应用及其立法的完善

BOT是20世纪80年代以来全球兴起的一种投资方式。本文阐述了BOT的意义,尤其是对我国引进外资、发展基础设施的作用;介绍了两个我国利用BOT方式建设的项目;分析了我国现行法律与BOT在我国的发展不相适应之处,提出应调整和完善我国目前的BOT立法,以保障BOT投资方式在我国的良好运行。     

浅论我国涉外合同法律适用制度的完善

文章通过对中外涉外合同法律适用制度的比较分析,探讨了我国涉外合同法律适用制度的先进与不足,并提出了一些改进建议。     

城市外来人口边缘化的调查分析

外来人口在城市的发展是我国城市现代化的重大问题,也影响着社会的和谐稳定.外来人口在城市走向边缘化,其成因是多方面的.要防止外来人口的边缘化,必须从户籍、政府管理和组织化程度等多方面防范和遏制.     

新疆企业对外贸易支付方式现状调查及分析

选择何种贸易支付方式,在国际贸易中至关重要。随着新疆外贸的发展,更多的企业投入到外贸行业当中,企业面对的支付风险也日益突出。对新疆企业对外贸易支付方式的具体现状进行调查分析,得出的结论不仅对新疆企业具有现实参考作用,也对西部企业具有借鉴意义。     

论卡特政府时期美国全球战略发生历史性转变的内在根源(Ⅱ)

吉米·卡特是美国历史上少有的在执政期间真正有意致力于推动世界和平的总统之一。他为抑制美苏军备竞赛,裁减军备与缓和当时的国际紧张局势做出了不懈的努力。他的这些努力使他后来荣膺诺贝尔和平奖。然而,由于卡特的这种外交方针触犯了当时美国国内某些极端保守势力的利益,在国际上又遭到苏联霸权主义的扩张带来的冲击,使他在执政期间屡屡遭受外交政策上的挫折。分析美国外交政策史上这一特定时期的种种内在和外在的因果联系,对于我们今天更深入地了解美国外交政策的内在动因具有极为重要的参照意义。