Approximation to EU Technical Standards with and without the Promise of Membership: the Cases of Slovakia and Ukraine. EU Diplomacy Paper 02/2013

This paper aims to identify the extent to which the non-promise of membership of the European Union (EU) precludes the motivation of Ukraine as European Neighbourhood Policy country to adopt EU policies in the field of market access, namely technical standards and regulations. Its approximation approach is compared to the fast-tracked accession of Slovakia, which was driven by a clear-cut membership promise. Furthermore, the paper elaborates whether the conclusion of an Association Agreement between the EU and Ukraine, including a Deep and Comprehensive Free Trade Agreement, provides sufficient incentives for Ukraine to continue reforming its quality infrastructure in order to gain access to the Single European Market. Finally, scenarios of possible developments of EU-Ukraine relations are deliberated in the context of the EU-Ukraine-Russia triangle. The paper argues that market access provides sufficient stimulus for third countries to adhere to EU technical standards – even in the absence of a clear and credible promise of future EU membership. Yet, in the case of Ukraine, the country’s relations with Russia appear to compete with its EU approximation process, resulting for the time being in Ukraine attempting to pursue a balanced dual cooperation with both the EU and Russia.

Ensuring Energy Security in Europe: The EU between a Market-based and a Geopolitical Approach. EU Diplomacy Paper 03/2013

The question of energy security of the European Union (EU) has come high on the European political agenda since the mid-2000s as developments in the international energy sector have increasingly been perceived as a threat by the EU institutions and by the Member State governments. The externalisation of the EU’s internal energy market has in that context been presented as a means to ensure energy security. This approach, which can be called ‘post-modern’ with reference to Robert Cooper’s division of the world into different ‘ages’,1 however, shows insufficiencies in terms of energy security as a number of EU energy partners belonging to the ‘modern’ world do not accept to play the same rules. This consequently poses the questions of the relevance of the market-based approach and of the need for alternative solutions. This paper therefore argues that the market-based approach, based on the liberalisation of the European energy market, needs to be complemented by a geopolitical approach to ensure the security of the EU’s energy supplies. Such a geopolitical approach, however, still faces important challenges.

The European Union’s Rule of Law Promotion in its Neighbourhood: A Structural Foreign Policy Analysis. EU Diplomacy Paper 04/2013

The promotion of the rule of law has become an important dimension of the European Union’s relations towards its neighbourhood. The rule of law is, however, a complex and multifaceted notion and the EU’s rule of law promotion policy has often been criticised for being either inefficient or self-interested. This collection of short papers offers an analysis of various case studies using the analytical framework of structural foreign policy (SFP) developed by Stephan Keukeleire. It aims to promote an original analytical perspective on the EU’s foreign policy but also to critically test and further develop the SFP analytical framework. The contributions of this collection consist of the shortened version of students’ Master’s theses written at the College of Europe during the academic year 2011-2012 in the framework of the course “The EU as a Foreign Policy Actor” taught by Stephan Keukeleire, Chairholder of the TOTAL Chair of EU Foreign Policy in the Department of EU International Relations and Diplomacy Studies.

The EuroNest Parliamentary Assembly: The European Parliament as a Socializer of its Counterparts in the EU’s Eastern Neighbourhood? EU Diplomacy Paper 05/2013

This paper examines the EU-Neighbourhood East Parliamentary Assembly (EuroNest PA), an inter-parliamentary forum consisting of representatives from the European Parliament (EP) and from all Eastern Partnership (EaP) countries except Belarus, aiming at political and economic association between the EU and the EaP. More specifically, it analyzes the extent to which the EP tries and manages to socialize the national parliaments of the EaP countries. After introducing the theoretical framework, the paper outlines the structure and working methods of the EuroNest PA, clarifies the absence of Belarus in the framework, and examines the results of the first three plenary sessions. The paper concludes that, although the establishment of the EuroNest PA as such provides a framework to advance the EP’s goals of transmitting its norms and values to the EU’s Eastern neighbouring countries, in practice socialization has taken place only to a limited extent thus far.

Pure Business, Law Enforcement or Sheer Politics? The EU’s WTO Complaints against Chinese Export Restrictions on Raw Materials. EU Diplomacy Paper 06/2013

In light of the growing international competition among states and globally operating companies for limited natural resources, export restrictions on raw materials have become a popular means for governments to strive for various goals, including industrial development, natural resource conservation and environmental protection. For instance, China as a major supplier of many raw materials has been using its powerful position to both economic and political ends. The European Union (EU), alongside economic heavyweights such as the US, Japan and Mexico, launched two high-profile cases against such export restrictions by China at the WTO in 2009 and 2012. Against this background, this paper analyses the EU’s motivations in the initiation of trade disputes on export restrictions at WTO, particularly focusing on the two cases with China. It argues that the EU's WTO complaints against export restrictions on raw materials are to a large extent motivated by its economic and systemic interests rather than political interests. The EU is more likely to launch a WTO complaint, the stronger the potential and actual impact on its economy, the more ambiguous the WTO rules and the stronger the internal or external lobbying by member states or companies. This argumentation is based on the analysis of pertinent factors such as the economic impact, the ambiguity of WTO law on export restrictions and the pressure by individual member states on the EU as well as the role of joint complaints at the WTO and political considerations influencing the EU’s decision-making process.

Road to Proscription: The EU and Hezbollah since the Arab Spring. EU Diplomacy Paper 07/2013

The European Union (EU) has traditionally taken a rather nuanced view of the activities of Hezbollah. Despite historic links to violent activity, Europe always remained reluctant to place the Lebanese militant group on its list of terrorist organisations. Internal divergences among member states, as well as the strategic-realist goals of the EU in both Lebanon and the Middle East more generally meant that such a listing never materialised. This remained the case even in the initial turmoil following the Arab uprisings, when Hezbollah’s relatively moderating objectives were viewed as a force for stability. However, the EU shifted policy in July 2013 by listing the military wing of Hezbollah as a terrorist entity. This paper will investigate the reasons behind this decision, as well as the likely implications and effectiveness of the new policy. Two principal catalysts were behind the decision. The first was a Hezbollah-linked bombing in Bulgaria which provided the focal point around which a consensus of the EU member states could emerge in the Council. Secondly, the escalation both of the Syrian conflict and Hezbollah’s role in it provided a more political and strategic impetus for the decision. This paper maintains that although a change in policy was somewhat necessary, it is questionable whether the artificial separation of Hezbollah’s political and military wings and the symbolic proscription of the latter is the most propitious choice to achieve European objectives.

The Judicial Dimension of the European Neighbourhood Policy. EU Diplomacy Paper 08/2013, November 2013

In this paper, the expression “neighbourhood policy” of the European Union (EU) is understood in a broad way which includes the members of the European Free Trade Association (EFTA) contracting parties to the European Economic Area (EEA), the EFTA State Switzerland, candidate states, the countries of the European Neighbour-hood Policy (ENP), and Russia. The European Court of Justice (ECJ) is the centre of gravity in the judicial dimension of this policy. The innermost circle of integration after the EU itself comprises the EFTA States who are party to the European Economic Area. With the EFTA Court, they have their own common court. The existence of two courts – the ECJ and the EFTA Court – raises the question of homogeneity of the case law. The EEA homogeneity rules resemble the ones of the Lugano Convention. The EFTA Court is basically obliged to follow or take into account relevant ECJ case law. But even if the ECJ has gone first, there may be constellations where the EFTA Court comes to the conclusion that it must go its own way. Such constellations may be given if there is new scientific evidence, if the ECJ has left certain questions open, where there is relevant case law of the European Court of Human Rights or where, in light of the specific circumstances of the case, there is room for “creative homogeneity”. However, in the majority of its cases the EFTA Court is faced with novel legal questions. In such cases, the ECJ, its Advocates General and the Court of First Instance make reference to the EFTA Court’s case law. The question may be posed whether the EEA could serve as a model for other regional associations. For the ENP states, candidate States and Russia this is hard to imagine. Their courts will to varying degrees look to the ECJ when giving interpretation to the relevant agreements. The Swiss Government is – at least for the time being – unwilling to make a second attempt to join the EEA. The European Commission has therefore proposed to the Swiss to dock their sectoral agreements with the EU to the institutions of the EFTA pillar, the EFTA Surveillance Authority (ESA) and the EFTA Court. Switzerland would then negotiate the right to nominate a member of the ESA College and of the EFTA Court. The Swiss Government has, however, opted for another model. Swiss courts would continue to look to the ECJ, as they did in the past, and conflicts should also in the future be resolved by diplomatic means. But the ECJ would play a decisive role in dispute settlement. It would, upon unilateral request of one side, give an “authoritative” interpretation of EU law as incorporated into the relevant bilateral agreement. In a “Non-Paper” which was drafted by the chief negotiators, the interpretations of the ECJ are even characterised as binding. The decision-making power would, however, remain with the Joint Committees where Switzerland could say no. The Swiss Government assumes that after a negative decision by the ECJ it would be able to negotiate a compromise solution with the Commission without the ECJ being able to express itself on the outcome. The Government has therefore not tried to emphasise that the ECJ would not be a foreign court. Whether the ECJ would accept its intended role, is an open question. And if it would, the Swiss Government would have to explain to its voters that Switzerland retains the freedom to disregard such a binding decision and that for this reason the ECJ is not only no foreign court, but no adjudicating court at all.

Climate Conundrums at High Altitude. EU Diplomacy Paper 01/2014, January 2014

The European Union (EU) was the frontrunner for the establishment of the world’s first multinational emissions trading scheme (ETS). Committed to combating climate change, the EU sought to overcome the multilateral paralysis within the International Civil Aviation Organization (ICAO) to mitigate aviation emissions. Unsuccessful in pushing for a global market-based measure (MBM) within the organisation, the EU was ready for take-off to include the sector in the EU emissions trading system (EU ETS). The geographical scope, however, including all flights from and to Europe in their entire trajectory, caused frictions with the international community about sovereignty issues. Ultimately, Climate Commissioner Connie Hedegaard announced a ‘stop-the-clock’ for international flights, a temporary derogation until the 2013 ICAO Assembly in order to find a global agreement. The ’stop-the-clock’ initiative provides ample opportunity to analyse EU leadership in curbing aviation emissions based on an analytical framework specifying different types of leadership. Its shows the global challenge to the EU’s claim of structural leadership on various levels in and beyond ICAO. The paper aims to analyse to what extent the EU is a global leader in mitigating aviation emissions and to identify the kind of EU leadership according to a threefold analytical framework. In addition, it will factor in the 'stop-the-clock' initiative and to what extent it altered the perception of EU leadership in the field. The paper comes to the conclusion that EU leadership in mitigating aviation emissions is not stalling. On the contrary, the EU, by pursuing the extension of the EU ETS, has put aviation emissions on everybody’s radar – and thus showed idea-based leadership. Proving the scheme’s feasibility further underlined EU leadership, in the form of directional leadership. The 'stop-the-clock' decision, however, already indicated what was later on confirmed in the 38th ICAO Assembly: Unilateral structural leadership of the EU in the field of aviation emissions is not credible at the moment.

Nothing personal: The age of ego-diplomacy. EuropEos Commentary No. 7, 17 March 2011

A new EuropEos Commentary laments the decline of diplomacy and the rise of ‘summits’ in recent history as the predominant way of conducting international relations. World leaders are urged to pay more attention to the sound and unimpeded analysis of their ambassadors and professional diplomatic corps whenever possible.

Exporting the Internal Market – Panacea or Nemesis for the European Neighbourhood Policy? Lessons from the Energy Community. EU Diplomacy Paper No. 2, 2014

Over the last decades, a constant feature of the relations between the European Union (EU) and the countries in its neighbourhood has been the export of European law. Achieved through bilateral or multilateral agreements, the export of law has led to the ‘juridification’ of external policy. The energy sector is in the vanguard of this development. European energy law has been made applicable to third countries through the European Economic Area (EEA) and, most important for the European Neighbourhood Policy (ENP), the Energy Community. Bilateral agreements of relevance for energy include the (draft) Association Agreement with Ukraine which was rejected in November 2013 and came on the agenda again following a revolution in the country. Geopolitics has played and continues to play an eminent role in this respect. What does that mean for the export of European law to neighbouring countries? This paper argues that the export of European (energy) law does not only remain possible but is preferable to purely diplomatic relations between the EU and its neighbours if certain conditions are fulfilled. Based on the experience in the EEA and the Energy Community, multilateral integration agreements can be successful if they offer a well-designed institutional and procedural architecture based on mutual commitments, extend the benefits of the internal market to the participating third countries and create ‘win-win’ situations in satisfying also the participating third countries' vital interests in return for undergoing the hardship of economic reforms.

Afghan Opium and the EU: Fighting the War Economy through Development Cooperation. EU Diplomacy Paper No. 4, 2014

Opium is at the heart of the war economy in Afghanistan, involving a broad range of actors. It generates a sustainable violence cycle and, while international troops withdraw from the country, threatens the Afghan government’s reconstruction efforts. The European Union (EU) plays an important part in the debate on how to deal with this issue. Several counter-narcotics policies have been implemented since 2001 and have mostly failed. This paper looks at these failures and questions the European Union’s ability to help tackle the problem of opium in Afghanistan. It argues that a comprehensive development response, backed by counter-narcotics incentives, could unfasten the spiral of the war economy. It also argues that the EU has developed relevant policies based on poverty alleviation and a structural approach to the opium issue but still lacks the means for action and for donor coordination in order to significantly influence the situation.

Between Irrelevance and Integration? New Challenges to Diplomacy in the 21st Century and the Role of the EEAS. EU Diplomacy Paper No. 8, November 2014

The changing nature of diplomacy poses new challenges for diplomatic actors in the 21st century, who have to adapt their structures in order to remain relevant on the international stage. The growing interdependence and complexity of issues necessitate a more networked approach to diplomacy, while states retain their predominance in diplomacy. The main underlying challenge of modern diplomacy therefore requires finding a balance between traditional and new elements. This paper examines to what extent the European External Action Service (EEAS) meets the new challenges of modern diplomacy and copes with the diverse interests of the other stakeholders involved, namely the institutions and Member States of the European Union (EU). On the basis of a conceptual framework of modern diplomacy and an analysis of the different aspects of the EEAS’ structures, the paper argues that the EEAS does not fully meet the new challenges to diplomacy, since the interests of the other stakeholders put constraints on its free development. The latter therefore have to choose between irrelevance and integration with regard to EU foreign policy and the future of the EEAS.

Civilian Power Europe in the Arctic: How Far Can the European Union Go North? College of Europe EU Diplomacy Paper 01/2015

The EU Arctic policy, initiated in the European Commission’s Communication “The European Union and the Arctic region” in 2008, was created to respond to the rising expectations that the European Union would have a bigger stake in this region which was gaining in importance due to its ecologic vulnerability, economic potential and clashing political interests of the global powers. Whether the European Union managed to establish itself as a significant actor in the Arctic through this new policy is open for discussion. Arguably, while the genuine interest and influence of the EU institutions was there to give a kick-start to this initiative, the pressure of the traditional and still dominant members of the regional Arctic system has been sufficient so far to effectively prevent it from realizing its full potential.

A Differentiated, Balanced and Patient Approach? The EU’s Involvement with Georgia’s Secessionist Conflicts beyond the August 2008 War. EU Diplomacy Paper 06/2015.

The August war in 2008 between Russia and Georgia caught the world by surprise but nevertheless brought the European Union (EU) to the forefront of the international efforts to end the hostilities, and the EU became the leading international actor involved with the conflict resolution process. However, in the years following the armed conflict, the conflict resolution process lost pace, and the impact of the EU beyond the immediate aftermath of the August 2008 war has been put into question. By undertaking a qualitative case study, this paper aims to explore to what extent the EU has impacted on the conflict resolution process of Georgia’s secessionist conflicts in 2008-2015. It will argue that the EU’s policies have only to a limited extent impacted on this conflict resolution process, which can be related to the objectives, priorities and time perspectives of the EU’s conflict resolution policies. The EU’s efforts have significantly contributed to the objective of conflict prevention, but the profile of the EU in the field of international conflict management weakened its position in the area of conflict transformation, where the lack of progress in turn limited the EU’s impact in the areas of international conflict management and conflict settlement. The main conclusion put forward is that in order to have a true impact, the EU needs to undertake a differentiated, balanced and patient approach to conflict resolution.

Prospects for Security on the European Continent. EU Diplomacy Paper 05/2015.

This collective EU Diplomacy Paper on relations between the North Atlantic Treaty Organisation (NATO) and the European Union (EU) consists of essays written by students of the EU International Relations and Diplomacy Studies programme at the College of Europe in the class on EU-NATO relations taught by Fulbright Professor Mark Sheetz in the academic year 2014-15. It seeks to provide a blueprint of what the near future of the transatlantic alliance and of the European security framework might look like. Special attention will be given to the possible effects of Finland joining NATO, Swedish-NATO relations, the question whether NATO should continue to exist at all, and finally the use of the Common Foreign and Security Policy (CFSP) and the Common Security and Defence Policy (CSDP) in relation with the transatlantic military alliance.