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  • Author: Andriy Tyushka
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: The Eastern Partnership’s tenth-anniversary celebration in May 2019 by the European Union and its Eastern neighbors was anything but grandiose and festive. Internal EU developments, the overall political dynamics in the region and the indeterminacies of the Eastern Partnership project were the main cause. As the EU’s flagship policy initiative towards its Eastern European neighborhood is currently undergoing auditing and revision, this article seeks to cast a look back at how the Eastern Partnership has functioned over the past decade – and to think forward to its future(s) with regard to design and deliverables in face of the enduring and imminent policy dilemmas in this highly contested region.
  • Topic: Development, International Cooperation, Regional Cooperation, Treaties and Agreements, Public Policy
  • Political Geography: Europe, Ukraine, Moldova, Armenia, Azerbaijan, Georgia, Belarus
  • Author: Myroslava Lendel
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: Since 2009, the main mechanism of Eurointegration in Ukraine, in addition to the bilateral diplomatic efforts and internally driven pro-European reforms, has been the Eastern Partnership (EaP), a multilateral project has that brought Kyiv both new opportunities and additional challenges and uncertainty. Although the positives outcomes have generally been welcomed, these have not detracted from the commonly held view among experts that despite good outcomes in stimulating economic reform, support for the new government and citizen institutions, and a tangible contribution to stability on the EU borders, the current strategy alone will not secure the stable development of the democracy and market economy in Eastern Europe generally, and Ukraine in particular. The commitment of these countries to general European principles has to be supported by the prospect of EU membership and that means revisiting the current format and especially the philosophy behind the Eastern Partnership. One possible scenario could be the formation of EaP+3 within the European Partnership, which would bring together Ukraine, Georgia and Moldova – the countries with Association Agreements with the EU – and a commitment to EU membership.
  • Topic: Diplomacy, International Cooperation, International Trade and Finance, Regional Cooperation, Treaties and Agreements, Public Policy
  • Political Geography: Europe, Ukraine, Moldova, Georgia
  • Author: Alexander Duleba
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: This article analyzes perceptions of the opportunities and problems in EU–Ukraine relations among officials from the European Commission and Ukraine’s government institutions involved in implementing the Association Agreement. It presents the findings of empirical research conducted through semi-structured interviews with ten representatives from the European Commission and ten representatives from Ukraine’s government institutions. The analysis shows that despite differences in their assessments of mutual relations and cooperation, which undoubtedly cause communication problems, there are no elements underpinning the mutual perceptions that would create major obstacles to EU–Ukraine cooperation over implementation of the Association Agreement. However, the research also shows that a sufficiently large number of obstacles do exist and these could slow the implementation of the Association Agreement.
  • Topic: International Cooperation, Regional Cooperation, Treaties and Agreements, Public Policy
  • Political Geography: Europe, Ukraine
  • Author: Petra Kuchyňková
  • Publication Date: 06-2019
  • Content Type: Journal Article
  • Journal: International Issues: Slovak Foreign Policy Affairs
  • Institution: Slovak Foreign Policy Association
  • Abstract: According to Petra Kuchyňková, assistant professor at Masaryk University in Brno, the Eastern Partnership has been relatively successful, despite the frequent political instability in EaP countries. However, the EU has not always been consistent in its neighborhood policy. This is easily understood if we look at the heterogeneity of the EaP countries and the differences in the extent of Russian influence in the region. According to Kuchyňková, the EU should not abolish the sanctions on Russia unless there is visible progress in the Minsk process, so as to avoid damaging its reputation as normative actor. Cooperation between the EU and the EEU seems unlikely due the atmosphere of mistrust and suspicion. EU neighborhood policy could receive new impetus as a result of it being given more attention in the new multiannual financial framework.
  • Topic: International Cooperation, International Trade and Finance, Regional Cooperation, Treaties and Agreements, Public Policy, Trade Liberalization
  • Political Geography: Europe, Ukraine, Moldova, Armenia, Azerbaijan, Georgia, Belarus
  • Author: Hannah Woolaver
  • Publication Date: 01-2019
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: If a state withdraws from a treaty in a manner that violates its own domestic law, will this withdrawal take effect in international law? The decisions to join and withdraw from treaties are both aspects of the state’s treaty-making capacity. Logically, international law must therefore consider the relationship between domestic and international rules on states’ treaty consent both in relation to treaty entry and exit. However, while international law provides a role for domestic legal requirements in the international validity of a state’s consent when joining a treaty, it is silent on this question in relation to treaty withdrawal. Further, there has been little scholarly or judicial consideration of this question. This contribution addresses this gap. Given recent controversies concerning treaty withdrawal – including the United Kingdom’s exit from the European Union, South Africa’s possible withdrawal from the International Criminal Court, and the threatened US denunciation of the Paris Agreement – and the principles underlying this body of law, it is proposed that the law of treaties should be interpreted so as to develop international legal recognition for domestic rules on treaty withdrawal equivalent to that when states join treaties, such that a manifest violation of domestic law may invalidate a state’s treaty withdrawal in international law.
  • Topic: International Law, Treaties and Agreements, European Union, Courts, State Actors
  • Political Geography: United Kingdom, Europe, South Africa, United States of America
  • Author: Paz Andrés Sáenz De Santa María
  • Publication Date: 07-2019
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.
  • Topic: International Law, Treaties and Agreements, European Union, Courts
  • Political Geography: Europe, European Union
  • Author: Fridtjof Falk
  • Publication Date: 01-2018
  • Content Type: Journal Article
  • Journal: Harvard Journal of Middle Eastern Politics and Policy
  • Institution: The John F. Kennedy School of Government at Harvard University
  • Abstract: On November 5th, 2018, the Trump administration re-imposed severe sanctions on Iran. These sanctions, which President Obama called the “toughest sanctions ever faced by the Iranian government,” were lifted by the 2015 Joint Comprehensive Plan of Action (JCPOA), also known as the Iran Deal. The JCPOA was signed with a view to blocking Iran’s alleged pursuit of nuclear weapons, allowing international inspectors into Iran in return for sanctions relief. Withdrawing the United States (US) from the deal was a prominent promise of Donald Trump leading up to the presidential elections of 2016. In a May 2018 speech that described the deal as rooted in “fiction,” President Trump made good on his promise to leave the JCPOA and to move to unilaterally re-impose sanctions on Iran.
  • Topic: International Relations, Nuclear Weapons, Treaties and Agreements, Sanctions, Nuclear Power, Economy
  • Political Geography: Europe, Iran, Middle East, North America, United States of America
  • Author: Timothy Meyer
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
  • Topic: International Relations, International Law, International Trade and Finance, Treaties and Agreements, United Nations
  • Political Geography: Europe, United Nations, Global Focus
  • Author: Timothy Meyer
  • Publication Date: 01-2016
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
  • Topic: International Law, International Trade and Finance, Treaties and Agreements, United Nations
  • Political Geography: Europe, United Nations, Global Focus
  • Author: Ilias Bantekas
  • Publication Date: 04-2015
  • Content Type: Journal Article
  • Institution: European Journal of International Law
  • Abstract: Ottoman state practice in the field of state succession in the 19th century displayed strict adherence to the European notions of international law. This is evident from the ratification of cession treaties, attention to reciprocity, the use of mediation and reliance on the existing laws of war principles, including the legal effects of occupation, conquest and the rights and duties of belligerents. This article focuses on state succession treaties with Greece since they represented the paradigm for all future treaties, and it examines the Islamic origin of Ottoman land regulation. The Ottomans succeeded in attaching a further condition to their cession arrangements with the new Greek state, namely the latter’s obligation to respect the property rights of Muslim citizens. This arrangement brought into play the application of Ottoman land law, to which Greece was under no obligation to succeed. This body of law, particularly the set of property rights bestowed under it, became a focal point in the ensuing state succession negotiations. It was the actual basis of Muslim property rights – a precursor to contemporary property rights – and a sine qua non element of Ottoman practice in the law of state succession. In this light, Ottoman land law and institutions should correctly be considered to be general principles of law – with origins from the Quran and the early caliphates – as well as regional custom, at least in the territories liberated from Ottoman rule, which continued to apply and enforce it not only among Muslims but also in the property relations of the indigenous ethnic communities.
  • Topic: International Law, Islam, Treaties and Agreements, History, Land Law
  • Political Geography: Europe, Greece, Ottoman Empire