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39131. Direct Effect of International Agreements of the European Union

Author:
Francesca Martines
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
The Van Gend en Loos (VGL) decision established the conceptual premises of a crucial issue to shape the relationships between the European Union and international law: the function of direct effect as a powerful instrument to guarantee that the rules of one system are complied with in another legal order. However, if compared with direct effect of EU legal rules, the issue of the effects of EU international agreements is made more complicated by the combination of the more traditional question of the self-executing character of international agreement provisions and the narrow meaning of direct effect. The former issue, strongly affected by the technique of incorporation and the rank of international law obligations within the incorporating legal order, goes to the heart of the constitutional architecture of the EU legal order where a balance is to be found between the obligation to comply with international law and the integrity of the EU legal order. The latter notion concerns instead the relationship between the private person and the legal rule and defines the special character of the EU which distinguishes it from international law. Since such a quality of EU rules cannot be automatically applied to international law rules incorporated in the EU legal order it must be verified case by case. This is the reason why, for the present author, the double test approach, first applied by the ECJ in VGL, is the right test to determine direct effect of EU international agreements, but cannot be applied to verify the self-executing effect of international law in the traditional (broader) meaning.
Topic:
International Law
Political Geography:
Europe

39132. The Evolution of Direct Effect in the EU: Stocktaking, Problems, Projections (Abstract only)

Author:
Sophie Robin-Olivier
Publication Date:
02-2014
Content Type:
Journal Article
Abstract:
Focusing on the case law developed by the Court of Justice of the European Union since Van Gend en Loos, this article contends that three important shifts occurred concerning the effects of EU law in national courts since that case was decided. First, the existence of a particular category of ('direct effect') EU norms, which implies a process of selection among EU law provisions, is no longer as problematic as the method of comparison and combination of norms in judicial reasoning that has become a vehicle for the penetration of EU law in courts. Second, the possibility for individuals to claim (subjective) rights on the basis of the Treaty is overshadowed by questions concerning obligations imposed by the Treaty on individuals, and more generally, on the methods through which this horizontal effect occurs. Third, the duty for national courts to apply EU law provisions directly (direct enforcement) is now coupled with one prior question that these courts have to address, and which has become much more sensitive than before in view of the growing centrality of fundamental rights' protection in the EU system: the question of the applicability of EU and national (constitutional) law. Having examined these three shifts, the article concludes that it has become urgent to reconsider the effects of EU law in member states in order to avoid a decline of individual rights and freedoms resulting from EU law enforcement. Thus, 'Revisiting Van Gend en Loos' leads to a reflection on the hypothesis, in which EU law should yield and national courts should be granted more discretion, when confronted with the resisting substance of national law (especially fundamental rights or freedoms protected by national constitutions).
Topic:
Law
Political Geography:
Europe

39133. Fostering Pro-social Behaviour Online: 'Nudges' in the Right Direction

Author:
Nadica Pavlovska
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies, S. Rajaratnam School of International Studies
Abstract:
The internet penetration and the consequent creation of hyper-connected reality has exposed the Singaporean population to much more diversity of thoughts and influences. In this environment, efforts to maintain social cohesion and multicultural tolerance among the population is now even more challenging. In light of this, this paper attempts to explore the means available to maintain pro-social behaviour and build a culture of respect online. By assessing the current measures undertaken in Singapore, this paper argues that the majority of the strategies are “mind changing” such as education and awareness raising campaigns. However, by taking into account the specificity of the internet interaction, it is suggested that these strategies could be further enhanced by adopting a “context changing” approach in the online interaction by using specific behaviour influencers such as social norms, priming and messenger approach.
Topic:
Education, Science and Technology, Multiculturalism, and Reform
Political Geography:
Asia and Singapore

39134. Assessing the responses of the Chinese media and research community to the Ukrainian crisis

Author:
Chris Alden
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Assessments of the official Chinese reaction to the crisis in Ukraine have focused primarily on China's abstention in the vote on a UN Security Council resolution condemning Russian actions and, to a lesser degree, on the three-pronged Chinese proposal for addressing the crisis. However, by examining an array of Chinese sources, including media reports, editorials, and research think-tank publications, a number of viewpoints are presented that provide a better sense of the scope of Chinese thinking on the subject. These concentrate on the notion of Chinese neutrality, Western interference, the domestic sources of the Ukrainian crisis, and possible policy options available to Chinese decision-makers. Understanding these provides a more nuanced understanding of Chinese reactions to the Ukrainian crisis and its possible significance for China.
Topic:
Foreign Policy and Mass Media
Political Geography:
Russia, China, Ukraine, and Asia

39135. South Africa's response to the Ukrainian crisis

Author:
Elizabeth Sidiropoulos
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
South Africa did not join in the chorus of condemnation against Russia's annexation of the Crimea, instead adopting a position that in part mirrored language used by Russia to explain its actions, but in other ways reflected key principles of South African foreign policy. Together with its fellow BRICS members, South Africa opposed the imposition of sanctions and was critical of suggestions that Russia might be excluded from the G-20 Summit in Australia later in the year. Non-interference in the internal affairs of states and the inviolability of borders have been central organising principles of African affairs since decolonisation. South Africa's approach must be understood in the context of a desire to see the balance of forces change to reflect the rise of emerging powers. The West's unilateral actions since the end of the cold war have not sat well with the South African government. Civil society elements aligned to the ruling tripartite alliance have condemned what they perceive as Western propaganda against Russia and the West's involvement in stirring unrest in Maidan Square, Kiev. Furthermore, from a realpolitik perspective, South Africa accords its alliance with the BRICS states high priority. Yet, as a relatively small country, it is in South Africa's interests to encourage adherence to a set of global rules that are respected by all.
Topic:
Foreign Policy and Sovereignty
Political Geography:
Africa, Russia, Ukraine, and South Africa

39136. Bail-in Provisions in State Aid and Resolution Procedures: Are they consistent with systemic stability?

Author:
Stefano Micossi, Ginevra Bruzzone, and Miriam Cassella
Publication Date:
05-2014
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In July 2013, the European Commission adopted a new Banking Communication – the seventh since the start of the financial crisis – updating its criteria for the evaluation of state aid in the banking sector in response to the evolving economic and institutional environment. Under this Communication, any credit institution in need of recapitalisation or 'impaired asset' measures will be required, prior to any further action, to submit a plan for restructuring or the orderly winding down the bank. Moreover, whenever there is a capital shortfall, the Commission will require that, prior to any injection of public funds, not only shareholders – as has been the case so far – but also junior creditors write down or convert into equity their claims on the bank, regardless of whether the bank is under resolution, in order to minimise the need for state aid.
Topic:
Economics, International Trade and Finance, and Monetary Policy
Political Geography:
Europe

39137. IMF Lending Practices and Sovereign Debt Restructuring

Author:
Domenico Lombardi, James M. Boughton, and Skylar Brooks
Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
The IMF has struggled for decades to develop a set of lending practices that enable sovereign borrowers to resolve serious debt problems and restore economic growth, but also respect the right of private financial markets to enter into and enforce contractual obligations. The challenge has always been to operate under a well-defined set of principles while dealing with each situation in a way that takes account of relevant circumstances. Recently, the international financial crisis that began in 2008 and the subsequent European sovereign debt crisis have raised this challenge to new heights. In providing €30 billion to Greece — the largest financial package ever granted to a single country — the IMF invoked greater discretion in its lending decisions to counteract potential "systemic" crises. By doing so, it entered a program without a restructuring agreement.
Topic:
Debt, Economics, International Trade and Finance, International Monetary Fund, and Reform

39138. Sovereign Debt Crisis Management: Lessons from the 2012 Greek Debt Restructuring

Author:
Miranda Xafa
Publication Date:
06-2014
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The 2012 Greek debt exchange was a watershed event in the euro area debt crisis. It generated fears of contagion and was viewed as a threat to the euro itself. Although it achieved historically unprecedented debt relief, amounting to €106 billion (55 percent of GDP), it was “too little, too late” in terms of restoring Greece's debt sustainability. There is a heated debate as to whether the debt restructuring should have taken place sooner, when Greece's adjustment program was agreed to in May 2010. This paper argues that a deep haircut up front, under threat of legislative action, would have been seen as unnecessary and deeply coercive. But delaying the restructuring beyond mid-2011, when it became clear that Greece's debt was unsustainable, was unjustified. The delay reduced the stock of privately held debt subject to a haircut, possibly making an official debt restructuring inevitable down the road. Initial fears that the Greek debt restructuring would pose a serious threat to the euro area's financial stability proved to be exaggerated. On the contrary, it demonstrated that an orderly default involving a pre-emptive debt restructuring is possible in a monetary union, provided appropriate firewalls are in place to limit contagion risks. With crisis management institutions and procedures now in place in the euro area, and with much stricter fiscal surveillance, the Greek experience is likely to remain unique in the history of debt restructurings; however, some lessons can be learned from its specific features.
Topic:
Debt and Governance
Political Geography:
Europe and Greece

39139. Somalia: Al-Shabaab - It Will Be a Long War

Publication Date:
06-2014
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Despite the recent military surge against Somalia's armed Islamist extremist and self-declared al-Qaeda affiliate, Al-Shabaab, its conclusive "defeat" remains elusive. The most likely scenario – already in evidence – is that its armed units will retreat to smaller, remote and rural enclaves, exploiting entrenched and ever-changing clan-based competition; at the same time, other groups of radicalised and well-trained individuals will continue to carry out assassinations and terrorist attacks in urban areas, including increasingly in neighbouring countries, especially Kenya. The long connection between Al-Shabaab's current leadership and al-Qaeda is likely to strengthen. A critical breakthrough in the fight against the group cannot, therefore, be achieved by force of arms, even less so when it is foreign militaries, not the Somalia National Army (SNA), that are in the lead. A more politically-focused approach is required.
Topic:
Security, Islam, Terrorism, and Armed Struggle
Political Geography:
Africa and Somalia

39140. Full Issue

Author:
Haider Ali Hussein Mullick
Publication Date:
06-2014
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
No abstract is available.
Political Geography:
United States, China, and North Korea