Promoting Civil Society Across the Borders of the EU Neighbourhood: Debates, Constraints and Opportunities

One of the aims of this article it to clarify the nature of the debate over 'civil society' and its relationship to the state. It begins by suggesting that the EU's borderland provides a context in which deep-rooted 'Western' and 'Eastern' understandings of state and civil society meet and overlap. The second section outlines the geo-political reshaping of the 'Neighbourhood'. It concentrates on the influence of non-EU actors, notably Russia, complementing the EU-focused literature on the subject. The third section elaborates the consensus in the literature on the weakness of civil society in the EU 'Neighbourhood'. This is followed by a discussion of 'Western' debates over the role and significance of civil society.

The Right to Self-Defence in National and International Law: The Role of the Imminence Requirement

This article explores the doctrine of self-defence within the context of the challenges directed at the imminence requirement, from the perspective of both national and international law. The article will attempt to illustrate that the requirement of imminence underlines the political character of the self-defence doctrine wherein private force may only be resorted to in the absence of institutional protection. This study will argue that the imminence rule can not merely be regarded as a "proxy" for establishing necessity; rather, the elements of imminence, necessity, and proportionality are inextricably connected to ensure that defensive force is only resorted to when national or international authorities are not in a position to prevent an illegal aggression, and that the defensive lethal force is not abused.

Enforcing Member State Compliance with EU Environmental Law: A Critical Evaulation of the Use of Financial Penalties

The 1993 Treaty on European Union finally closed a legal vacuum in
EU law, by giving the Court the power to impose financial penalties to
enforce compliance with its judgments. Today, this power is found
within Article 260(2) of the Treaty on the Functioning of the
European Union. Drawing upon case law, this article examines the
role that the Court’s enforcement powers have played in relation to
EU environmental law. It argues that EU law has yet to make full use
of their potential. The article commences with the Commission and
questions whether it has sufficient resources to carry out its functions
under Article 260(2). The article also examines the ongoing problem of
Member State delay in complying with Court judgments and the
weight given to environmental considerations in the Court’s decision
making on financial penalties. The article concludes by examining the
implications of the Lisbon Treaty.