THE KYOTO PROTOCOL AND THE WTO: INSTITUTIONAL EVOLUTION AND ADAPTATION. CEPS Policy Brief No. 28/December

Overview. Questions about the interface between the multilateral climate regime embodied in the Kyoto Protocol and the multilateral trade regime embodied in the World Trade Organisation (WTO) have become especially timely since the fall of 2001. At that time, ministerial-level meetings in Marrakech and Doha agreed to advance the agendas, respectively, for the implementation of the Kyoto Protocol and for negotiations on further agreements at the WTO. There have been concerns that each of these multilateral arrangements could constrain the effectiveness of the other, and these concerns will become more salient with the entry into force of the Kyoto Protocol. There are questions about whether and how the rights and obligations of the members of the WTO and the parties to the Protocol may conflict. Of particular concern is whether provisions in the Protocol, as well as government policies and business activities undertaken in keeping with those provisions, may conflict with the WTO non-discrimination principles of national treatment and most-favoured nation treatment. The WTO agreements that are potentially relevant to climate change issues include many of the individual Uruguay Round agreements and subsequent agreements as well. The principal elements of the Kyoto Protocol that are particularly relevant are its provisions concerning emissions trading, the Clean Development Mechanism, Joint Implementation, enforcement, and parties’ policies and measures. In combination, therefore, there are numerous potential points of intersection between the elements of the Kyoto Protocol and the WTO agreements. Previous studies have clarified many issues, as they have focused on particular aspects of the regimes’ relationships. Yet, some analyses suggest that the two regimes are largely compatible and even mutually reinforcing, while others suggest that there are significant conflicts between them. Those and other studies are referenced in the ‘suggestions for further reading’ section at the end of the paper.1 The present paper seeks to expand on those studies by providing additional breadth and depth to understanding of the issues. The analysis gives special attention to key issues on the agenda – i.e. issues that are particularly problematic because of the likelihood of occurrence of specific conflicts and the significance of their economic and/or political consequences. The paper adopts a modified ‘triage’ approach, which classifies points of intersection as (a) highly problematic and clearly in need of further attention, (b) perhaps problematic but less urgent, and (c) apparently not problematic, at least at this point in time. The principal conclusions are that: · The missions and objectives of the two regimes are largely compatible, and their operations are potentially mutually reinforcing in several respects. · Some provisions of the multilateral agreements that may superficially seem at odds are not likely to become particularly problematic in practice. · ‘Domestic policies and measures’ that governments may undertake in the context of the Protocol could pose difficult issues in the context of WTO dispute cases. · Recent WTO agreements and dispute cases acknowledge the legitimacy of the ‘precautionary principle’ and are thus consistent with the environmental protection objectives of the Protocol. · The relative newness of the climate regime creates opportunities for institutional adaptation, as compared with the constraints of tradition in the trade-investment regime. · The prospect of largely independent evolutionary paths for the two regimes poses a series of issues about future international regime design and management, which may require new institutional arrangements. In sum, the present paper thus finds that although there are some areas of interaction that are problematic, the two regimes may nevertheless co-exist in relative harmony in other respects –more like ‘neighbours’ than either ‘friends’ or ‘foes’, as Krist (2001) has suggested.

Re-thinking the EU's development paradigm: views from Morocco and Tunisia. EPC Policy Brief, 12 January 2015

A decade of the European Neighbourhood Policy (ENP) and the standard model of business as usual remains. Is there a reluctance to take the prevailing development paradigm based on economic growth and question its suitability as a motor for development? Most ENP resources and most tangible results remain within a financial framework, with a concentration on market-driven reforms in relation to economic and social change. On this basis, the current atmosphere represents a historical opportunity for rethinking the EU´s development paradigm fostered in the region. Drawing on extensive field work in Morocco and Tunisia, this policy brief highlights limitations and contradictions of the EU´s socio-economic development policies.

Paris Climate Agreement 2015 – EU needs to ensure ‘signal’ and ‘direction’. IES Policy Brief Issue 2014/08/October 2014

Summary. Parties to the UN Framework Convention on Climate Change are expected to agree on a new international climate agreement applicable to all countries from 2020 at the Paris climate summit in December 2015. This Policy Brief investigates the possible role of the European Union (EU) towards the 2015 Paris climate agreement. It argues for renewed efforts by the EU at coalition building with progressive developing countries, leadership by example and a more prominent, complementary role of individual EU member states. It also argues for a Paris agreement that provides a strong “signal” and “direction”, and discusses what this may entail.

EU Enlargement: Lessons from, and Prospects for. IES WORKING PAPER 3/2013

In 2009 the European Union (EU) reached a crucial moment in its history, in which the terms Europe and crisis became conjoined: the European sovereign-debt crisis, or Euro-crisis. Yet enlargement remains on the agenda, with the EU’s next enlargement starting on 1st July 2013 with the accession of Croatia, Iceland and FYROM looking set to follow in the near future, and probably other Western Balkan states and possibly Turkey in the long term. Enlargement therefore will soon come back into focus. Focusing on climate and energy security policy, this working paper first reflects upon the impact of the 2004/2007 enlargement on the EU. A reflection on the EU’s recent past with some of the lessons that can be learnt then follows, with a consideration that predictions of decision- and policy-making gridlock were not realised, that newer member states have proved influential, and that prospective member states cannot be expected to be passive nor impotent. The latter part of this paper evaluates the potential prospects and outcomes of these lessons with regard to future enlargement from within (Scotland and Catalonia), and without (Turkey), and the political factors which may dictate whether these possible enlargements are realised.

Syria: A Roadmap for a Sustainable Political Settlement. Egmont Security Policy Brief No. 52, January 2014

On the eve of the Geneva II conference and amid continued fighting on the ground, this short paper seeks to draw up a roadmap, indicating the different stages and steps on the way to a sustainable political settlement of the conflict in Syria. A longer term perspective is put forward, adopting a broad-based and inclusive approach, focused on a Syrian-led transition process under international supervision with the assistance of key third countries, thus preparing the way for a multi-party democratic post-Baath future.

The impact of the withdrawal from Afghanistan on Russia’s security. Egmont Security Policy Brief No. 54, March 2014

ISAF’s withdrawal from Afghanistan in 2014 will directly impact the wider region. Not only is there a risk of instability spilling over to Central Asia, but the drawdown will also accelerate the ongoing shift in the balance of power in Central Asia towards China. Should a spillover occur, the burden will mainly fall on Russia and China. Russia will, however, only continue playing the dominant role in the security of the former Soviet Central Asia (FSCA) until China takes on responsibility for the security of its direct sphere of influence or “dingwei”. Russia’s Near Abroad, however, overlaps both with the EU’s Eastern Neighbourhood in Europe and China’s dingwei in Central Asia and the Far East. It is, therefore, necessary to approach Russian reactions to these encroachments on its historical spheres of influence in a single context, taking into account the interrelationship between these three.

Geen leger, is onbetaalbaar = No Belgian armed forces is unaffordable. Egmont Security Policy Brief No. 61, February 2015

In this Security Policy Brief Jo Coelmont examines the challenges Belgium is facing at present. On the one hand there is the declared political objective to henceforth provide its defence forces with the means of achieving all of its tasks and, furthermore, to develop a new Strategic Plan, while taking decisions on replacing its current fleet of F16 fighter aircraft and determine strategic orientations on the replacement of frigates, mine hunter vessels and other major equipment programmes. On the other hand, the already taken austerity measures impose severe structural cuts on its defence budget for the upcoming five years. In this context the author is proposing some « dos and don’ts«.

Does Europe Need a Common Foreign & Security Policy? CES Germany & Europe Working Papers, No. 06.1, 15 September, 1996

CFSP's performance is widely regarded as weak. Why did Europe's stance in world politics not improve with the Treaty of Maastricht? The article analyses the present policy approach and the institutionalist and militarystrategic reform proposals. It is argued that policy and proposals suffer from drawbacks leading to an uncomprehensive formulation of a Common Foreign and Security Policy. Both do not provide CFSP with a necessary strategy but instead largely duplicate existing organizations. Furthermore, they propose concepts that are not viable because member states do not agree on a common defense policy. In addition, they fail to offer answers adequate to today's challenges, which are not primarily military in nature. Instead, a socioeconomic security policy appears to be a more realistic option. It is necessary because no other organization provides it sufficiently; it is viable because member states could agree on iti and it is adequate because the stabilization of countries in Eastern Europe is best achieved by social and economic policy-and not by military deterrence.

Divided but United: European Trade Policy & EC-U.S. Agricultural Negotiations in the Uruguay Round. CES Germany & Europe Working Papers, No. 07.3, 1996

How has the integration of trade policy and negotiating authority in Europe affected the external bargaining capabilities of the European Community (EC)? This paper analyzes the bargaining constraints and opportunities for the EC created by the obligation to negotiate as a single entity. The nature of demands in external~ the voting rules at the EC level, and the amount of autonomy exercised by EC negotiators contribute to explaining, this paper argues, whether the EC gains some external bargaining clout from its internal divisions and whether the final international agreement reflects the position of the median or the extreme countries in the Community. The Uruguay Round agricultural negotiations illustrate the consequences of the EC's institutional structure on its external bargaining capabilities. Negotiations between the EC and the U.S. were deadlocked for six years because the wide gap among the positions of the member states at the start of the Uruguay Round had prevented the EC from making sufficient concessions. The combination of a weakened unanimity rule and greater autonomy seized by Commission negotiators after the May 1992 reform of the Common Agricultural Policy made possible the conclusion of an EC-U.S. agricultural agreement. Although the majority of member states supported the Blair House agreement, the reinstating of the veto power in the EC and the tighter member states' control over the Commission eventually resulted in a renegotiation of the U.S.-EC agreement tilted in favor of France, the most recalcitrant country.

Greece & the European Agenda: EU Enlargement and European Monetary Union. CES Germany & Europe Working Papers, No. 08.2, 1998

In the decade to come, the European Union will embark on two new projects, each destined to transform it in fundamental ways: (i) Eastern enlargement, and (ii) economic and monetary union. Neither of these projects will affect all members equally or in the same way. But Greece will, for two reasons, be affected in a manner qualitatively different to all other member states. First, Greece is the only country physically affected by the Luxembourg Summit's decision to begin accession negotiations with some, but not all, Central and Eastern European applicant countries: as a result of this decision, she will continue, for at least another eight to ten years, to be the only member country not to share a common border with another member state, with all the consequent implications in economic and geostrategic terms. Second, when the European Council meets in early May to select those member states that are deemed to have met the convergence criteria, it will find that Greece is the only member state falling short of those criteria. This development may create additional difficulties for her economy during the transitional period of derogation. It will also pose new risks to Greece, insofar as she will be absent during the initial-and crucial-years of establishing a common monetary policy.

Hybrid Hysteria. Security Policy Brief No. 64, June 2015

Is “hybrid” about to replace “comprehensive” as the favourite container notion of the Brussels foreign policy community? They might not be so different, in fact. Both a hybrid and a comprehensive approach mean the integrated use of a broad range of instruments of external action towards the achievement of a foreign policy objective. It’s just that the hybrid approach put into practice by Russia today seeks to achieve rather less friendly aims than the EU’s own comprehensive approach. The hybrid approach is the comprehensive approach gone over to the dark side of the force.

After a nuclear deal: What next for Iranian oil and gas? EPC Policy Brief, 23 June 2015

On 2 April in Lausanne, after months of intense negotiations, Iran and the E3+3 (France, Germany, and the UK plus China, Russia, and the US) agreed on a framework deal for the resolution of the nuclear dispute. EU High Representative for Foreign Affairs and Security Policy, Federica Mogherini, and Iran's Foreign Minister, Mohammad Javad Zarif, issued a joint statement announcing that "solutions on key parameters of a Joint Comprehensive Plan of Action" have been found. While differences remain on several issues, including the scope of International Atomic Energy Agency (IAEA) inspections and sanctions relief, the statement has nevertheless raised hopes that a final deal may be reached this summer. If accomplished, an agreement would bring an end to more than a decade of tensions between Iran and the international community. This would result in the lifting of several sanctions, which were adopted against Iran by the United Nations, the EU, and the US. Unsurprisingly therefore, Iran's economy and in particular its energy sector are now the subject of worldwide attention.

spotlight europe #2015/02—July 2015: A Gulf CSC Could Bring Peace and Greater Security to the Middle East

Wars continue to ravage in Syria, Iraq and Yemen. Refugees are wandering around aimlessly in the Middle East with many fleeing to Europe. Saudi Arabia and Iran are adding fuel to the flames. They are vying for supremacy while remaining highly suspicious of each other. A Conference for Security and Cooperation could help to ease existing tensions. Many years ago the CSCE was a resounding success. It could thus serve as a blueprint with the nuclear agreement with Iran as a starting point of such a venture.