No more compulsory engagement. The emancipation of German security policy. OSW Commentary no. 57, 2011-07-18

Germany’s stance on Libya at the UN Security Council and its later decision not to take part in the military intervention gave rise to heated controversy both in Germany and abroad. At home, this was criticised as “an enormous mistake of historic impact”1; while abroad this raised questions about Germany’s willingness to co-operate with its key Western allies. With its decision on Libya, Germany sealed the process of making its security policy independent from the stances of the US and France. It thus ceased to feel any compulsion to provide not only military engagement but also political support for overseas operations initiated by its key allies, even if these are legitimised by the UN Security Council. Germany’s stance, apart from finishing off a certain process, is also setting a starting point for a discussion inside Germany about its military engagement in international security policy. This will bring about a more assertive and selective approach to cooperation with NATO and the EU’s Common Security and Defence Policy.

Obama 2: future implications for EU-US relations. Jean Monnet/Robert Schuman Paper Series Vol. 12, No. 8, November 2012

Introduction. The week following his reelection, President Obama traveled to Asia – Thailand, Myanmar, and Cambodia –, while facing at home a fiscal cliff, the need to select the next Secretaries of State, Defense, and Treasury, and the resignation of one of America’s most senior and respected generals and Director of the CIA, David Petraeus; all this at the moment wherein the Middle East is burning in flames due to another round of violence between Israel and Hamas. On the other side of the pond, the EU is currently trying to solve or at least contain several crises: the Eurozone, agreeing on the Multiannual Financial Framework 2014-2020, or MFF 2014-2020,2 and saving France.3 For both giants, the American and European priorities are domestic; they both need to do some ‘nation-building at home.’4 The threat of the fiscal cliff in the US and the one of the Eurocrisis in Europe are too important to be ignored and so visceral that they will affect the way both actors behave internationally and interact with one another. The big question since Obama’s reelection has been what will the EU-US relations look like under his second mandate? And will there be any differences from the first one?5 This paper argues that the US-EU relations will remain quite similar as it was under the first Obama presidency. Nevertheless, with the current shift to Asia, the ‘pivot,’ the EU will be required to increase its contributions to global politics and international security. This paper is structured in three parts. First, the economic and political climax of the EU and the US will be presented. In a second a part, the EU and US strategies and foreign policies will be laid out. Last but not least, several core issues facing the Euro-Atlantic community, such as the Asia pivot, Iran, climate change, and the economy will be addressed. Other issues such as Syria, Afghanistan, and the Middle East and North Africa will not be addressed in this paper.6

Central Asian Islamism in the spotlight. EUCAM Commentary No. 13, June 2011

In recent years, terrorist actions have increased in Central Asia, especially in the two weakest states, Tajikistan and Kyrgyzstan, and on the Uzbek side of the Ferghana Valley. The killing of Osama bin Laden by US special forces has raised fears of a possible backlash from his supporters and a new wave of terror across a large area surrounding Afghanistan. Now the Taliban have warned Kazakhstan – Central Asia's most successful economy and largest oil producer which has to date avoided the Islamist violence that has affected its Central Asian neighbours – of the dangers of entering the war on Afghanistan after the Kazakh parliament decided to send troops to join the NATO-led International Security Assistance Force (ISAF) war efforts.

Survey on Rules on Loss of Nationality in International Treaties and Case Law. CEPS Paper in Liberty and Security in Europe No. 57, 30 August 2013

This paper offers a picture of the obligations existing under international and European law in respect of the loss of nationality. It describes international instruments including obligations in this field with direct relevancy for the loss of nationality of Member States of the European Union, but also obligations regarding loss of nationality in regional non-European treaties. Attention is given to two important judicial decisions of the European Court of Justice (Janko Rottmann) and the European Court of Human Rights (Genovese v Malta) regarding nationality. Special attention is devoted to Article 15 of the Universal Declaration of Human Rights, which forbids the arbitrary deprivation of nationality. A survey is provided of possible sub-principles that can be derived from this rule. Finally, some observations are made on the burden of proof in cases of loss of nationality.

Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR. CEPS Paper on Liberty and Security in Europe No. 59, September 2013

From an examination of the instruments of the Common European Asylum System (CEAS) and related policy measures regarding border surveillance and migration management, two interrelated issues stand out as particularly sensitive: Access to asylum and responsibility for refugee protection. The prevailing view, supported by UNHCR and others, is that responsibility for the care of asylum seekers and the determination of their claims falls on the state within whose jurisdiction the claim is made. However, the possibility to shift that responsibility to another state through inter-state cooperation or unilateral mechanisms undertaken territorially as well as abroad has been a matter of great interest to EU Member States and institutions. Initiatives adopted so far challenge the prevailing view and have the potential to undermine compliance with international refugee and human rights law. This note reviews EU action in the field by reference to the relevant legal standards and best practices developed by UNHCR, focusing on the specific problems of climate refugees and access to international protection, evaluating the inconsistencies between the internal and external dimension of asylum policy. Some recommendations for the European Parliament are formulated at the end, including on action in relation to readmission agreements, Frontex engagement rules in maritime operations, Regional Protection Programmes, and resettlement.

Reflections on quasi-loss of nationality in comparative, international and European perspective. CEPS Liberty and Security in Europe No. 66/August 2014

This paper focuses on situations in which a person is said never to have had the nationality of a country, even though (s)he assumed (and in many cases the authorities of the country concerned shared that assumption) that (s)he possessed that nationality. Contrary to situations of loss of nationality, where something is taken away that had existed, quasi-loss involves situations in which nationality was never acquired. This contribution seeks to examine whether a person should under certain circumstances be protected against quasi-loss of nationality. In order to do so, the paper first maps out situations of quasi-loss in EU member states, describing typical cases in which a person never acquired the nationality of the country, although (s)he was at some time considered as a national. Drawing on this taxonomy, the paper attempts to uncover whether national, European and international laws offer some protection, and if yes, to which extent, for situations of quasi-loss. It concludes with outlining best practices which Member States should comply with in handling such situations.

Toward international peace and security: Addressing the challenge of nuclear proliferation in a globalized world. ACES Working Papers, August 2010

With a growing number of threats to governance in the international system that result from globalization and technological innovation, it is no surprise that states have come to rely more heavily on each other and the global community for support. While the EU is partially constrained by the ultimate outcome of its own integration process, limited knowledge on this issue, and the national interests of its Member States, other governments are also experiencing difficulty in domestic implementation of international resolutions. To better understand the impact of the most recent sanctioning efforts, this paper will explore the development of the non-proliferation regime, examine implementation mechanisms of non-proliferation agreements, and analyze the impact of increased cooperation among states to thwart the spread of WMD technology and material. Case studies of unilateral measures undertaken by the US and EU against Iran will provide insight into the political and economic implications of economic sanctions from individual governments. New and emerging methods for limiting rogue states and non-state actors from acquiring the means to develop WMD will also be discussed in an effort to further discussion for future policy debates on this critical topic.

New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection. CEPS Liberty and Security in Europe No. 77/ January 2015

This study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and vindicate the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Joint processing could contribute to front-line reception and processing capacity, but is no substitute for proper investment in national systems. The Dublin system as currently configured leads inexorably to increasing coercion and detention, and must thus be reconfigured to remove coercion as a principle and ensure consistency with human rights and other fundamental values of the EU.

Beyond retrenchment over Iran: can the EU offer a framework for regional security? CEPS Commentary, 3 September 2012

A new and far-reaching round of sanctions imposed recently on Iran by the EU is starting to hurt the country, its economy and its citizens. Yet Iran’s leadership seems deaf to demands for international weapons inspectors to be allowed unhindered access to its nuclear enrichment facilities. With a regime that is not likely to sway to international and domestic pressure, and in view of the shifting strategic landscape in the Middle East, the question is whether the twin-track approach of sanctions and diplomacy should be kept up, or whether it should make way for an alternative set of policies that could preserve the fragile stability in the wider Middle East and turn a vicious circle into a virtuous one. In this new Commentary, CEPS Senior Research Fellow Steven Blockmans argues that the High Representative of the EU for Foreign Affairs and Security Policy, supported by the European External Action Service, is in a good position to offer a negotiated way out of this seemingly intractable situation.