An overview of the EU–SA Strategic Partnership 10 years on: Diverging world views,persisting interests

ABSTRACT

The European Union–South Africa (EU–SA) Strategic Partnership has entered its 10th year. It is a product of its time and particular regional and international circumstances. These having changed somewhat over the course of the last decade, it is not surprising that the dynamics of the relationship, expressed through the strategic partnership's parameters, have undergone commensurate changes. Based on the recognition that the partnership is between a multilateral institution and a state, the difference in their respective strategic positions is inevitable. The challenge, therefore, is for the EU–SA Strategic Partnership to maintain a flexibility that allows for continued contestation, development and relevance. This paper reviews the historical context of the partnership and the challenging dynamics that have evolved over the lifespan of the partnership, providing the basis for the thematic discussion which follows in this issue. The analysis in this article demonstrates that, in spite of acknowledged challenges, the functionality of the strategic partnership based on persisting interests remains intact.     

规范性文件的法律问题--谈规范冲突及适用原则

规范冲突时,选择适用规范不当易造成行政侵权。因此,选择适用规范要对规范的有效性进行审查鉴别,做出正确、合法的选择,以准确适用法律。     

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re‐examines one of the key authorities prayed in aid of it ‐ the Fire Brigades Union case.     

The acceptance,relevance and dominance of lobbying the EU Commission — a first‐time survey of the EU Commission's civil servants

Among public affairs techniques lobbying is by far the most mystifying one — at least in Europe. Lobbying comes from the Latin word ‘labium’ and means ‘entrance hall’ or ‘lounge’. Therein the essential meaning can be seen: today political decisions are not made in plenary assemblies but primarily in the pre‐political phase of balancing the various interests. Lobbying is to be understood as the ‘diverse intensive activities of social groups, chambers and companies in the political and bureaucratic vestibule’ (Beyme 1980). Modern lobbying on the EU level is an intermediary policy for the support of political decision making — even if some critics refuse to believe it. Lobbying at EU level has become a politically realistic dimension. Even if the mass media still take a very sceptical and negative view of lobbying in Brussels, based on the existing European taboo on influencing politics, an in‐depth analysis reveals various lobbies at work in EU institutions. Lobbying today is an essential part of all EU decision areas. This paper describes the functional theory approach of lobbying known as ‘cooperation as confrontation through communication’. For the first time, recipients of lobbying in the EU Commission are demonstrating their acceptance of lobbying efforts. The paper is based on the doctoral thesis ‘The acceptance, relevance and dominance of lobbying the EU Commission’ by Peter Koeppl, University of Vienna (unpublished). Copyright © 2001 Henry Stewart Publications     

The regulatory state in developing countries: Redistribution and regulatory failure in Brazil

Following the traditional doctrine of the “regulatory state”, regulatory agencies should be given very focused mandates and stay away from the politicized realm of distributive policies and decisions. An opposing perspective would state that if regulatory agencies can contribute to economic redistribution, positive results such as network expansion, economies of scale, and fiscal efficiency will ultimately lead to lower levels of regulatory failure. This article tests whether, in countries of high socio-economic inequality, such as Brazil, the active incorporation of distributive considerations by regulatory agencies leads to lower levels of failure. Through the analysis of the activities of seven Brazilian network regulatory agencies, the article develops theory-driven expectations and tests these expectations using crisp set Qualitative Comparative Analysis (csQCA). It concludes that not prioritizing redistribution is a necessary but not a sufficient condition for regulatory agencies' failure. In most types of failure, a lack of priority to redistribution leads to failure when combined with low regulatory capacity and low levels of competence.     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.     

Leaderisation in foreign policy: performing the role of EU High Representative

ABSTRACT

This article examines how the mediatised context of foreign policy provides new opportunities for political leaders to both frame and project their own leadership role to new audiences. The past ten years have witnessed a sharp rise in political leaders’ use of new social media to communicate on a range of foreign policy issues. We argue that this new media context of foreign policy, combined with a bolstered leadership mandate, has been central to the construction of a more visible public leadership role for the EU High Representative in the post-Lisbon era. Departing from recent scholarship on performative leadership and new media in International Relations theory, we develop an original theoretical framework drawing on Erving Goffman’s dramaturgy of impression management. We employ the concept of “leaderisation” to analyse how mediatisation shapes the leadership process in terms of personification and drama to enable new forms of interaction with followers. We apply this framework in an illustrative case study focusing on the process of negotiating the EU Global Strategy. This diplomatic process provided the High Representative Mogherini with a stage on which she could frame herself in a central leadership position vis-à-vis European citizens to mobilise greater legitimacy for the EU as a global actor.     

Elections and Democracy in Turkey: Reconsidering Competitive Authoritarianism in the Age of Democratic Backsliding

This article reflects on the reasons why Erdoğan and the Justice and Development Party (AKP) could still win in the recent 2023 presidential and parliamentary elections in Turkey despite, among other daunting issues, the deep economic crisis and their unsuccessful handling of the February 2023 earthquake. The article discusses the role of state apparatus and the media under a neopatrimonial system, as well as the role of the EU, which turned Turkey into a rentier state with the refugee deals. The discussion considers whether Turkey could still be seen as a competitive authoritarian regime and points to the difficulties in determining whether regimes such as the Turkish one are competitive authoritarian or not until the election results are seen and the opposition candidates actually win.     

Tussle for space: The politics of mock-compliance with global financial standards in developing countries

As efforts to harmonize policies globally intensify, developing countries increasingly face pressures to adopt international standards. Yet, we know little about the circumstances under which developing countries manage to circumvent such pressures, or about their strategies to maintain policy space. We explore under which conditions developing countries are willing and able to sustain mock-compliance, a situation where countries comply on paper but not in practice. Using country comparisons of Angola's, Nigeria's, Tanzania's, and Vietnam's engagement with the Basel banking standards, we show how three factors combine to produce sustained mock-compliance: high costs of outright non-compliance due to outward-orientated banking sectors; high political costs of substantive compliance; and state control over profitable markets. Our article contributes to theory-building in the literature on compliance and structural power as well as to broader debates about developing countries' policy autonomy in their engagement with global financial norms.