Dit briefadvies maakt eerst kort de balans op van twee jaar oorlog. Vervolgens constateert de Raad dat de westerse consensus brozer wordt, dat er kantelpunten in zicht zijn en dat een langdurige... Show moreDit briefadvies maakt eerst kort de balans op van twee jaar oorlog. Vervolgens constateert de Raad dat de westerse consensus brozer wordt, dat er kantelpunten in zicht zijn en dat een langdurige patstelling dreigt. De vraag naar een adequate Nederlandse opstelling dient zich aan, ook voor de nieuw aan te treden regering. Het adviesrapport benadrukt de noodzaak van onverminderde Nederlandse en Europese steun aan Oekraïne en geeft aan dat Nederland zich proactiever moet voorbereiden op verschillende scenario’s voor de oorlog in Oekraïne en actief dient te streven naar de meest wenselijke uitkomsten, waaronder een overwinning voor Oekraïne of een sterke onderhandelingspositie voor het land.Het advies bespreekt daarna zes thema’s in meer detail: 1) de Europese veiligheidsarchitectuur; 2) de Europese defensie-industrie; 3) het perspectief op Oekraïens EU-lidmaatschap; 4) Oekraïne’s wederopbouw; 5) de gevolgen van de oorlog voor het mondiale Zuiden; en 6) weerbaarheid en draagvlak. Deze bespreking leidt tot een korte conclusie en een zestal aanbevelingen. Show less
This article analyses the United Kingdom’s (UK) ‘trade continuity programme’. The promise that, once outside the European Union (EU), the UK would strike new, lucrative trade deals continues to be... Show moreThis article analyses the United Kingdom’s (UK) ‘trade continuity programme’. The promise that, once outside the European Union (EU), the UK would strike new, lucrative trade deals continues to be an important part of the Brexiteers’ narrative. What the UK was compelled to do first, however, was to conclude ‘roll-over’ agreements to replace the trade agreements already made by the EU. This article posits that, contrary to expectations, the UK’s continuity programme should be regarded as a success – for both the UK and the EU. In most cases, the UK managed to replicate to a very large extent the terms originally granted to the EU, despite being a smaller market and despite challenging circumstances. From the EU’s perspective, the UK’s continuity programme can be regarded as a case of successful norm internalization and export. This first chapter of post-Brexit UK trade policy shows that even a country that has left the EU still legally commits itself and its partners to the EU’s norms and values. Hence, the EU should welcome the UK’s imitation as a shared normative basis to expand cooperation with its former member state in a challenging geopolitical environment. Show less
This article addresses the question of how the EU’s legal constraints can be overcome in the governance of Global Spaces. It shows, first, that EU law is part of a trend of including language... Show moreThis article addresses the question of how the EU’s legal constraints can be overcome in the governance of Global Spaces. It shows, first, that EU law is part of a trend of including language relating to Global Spaces in constitutional documents. The article subsequently highlights a tension specific to the EU as a non-state entity. While the EU Treaties enshrine grand foreign policy ambitions, which are impossible to achieve without a proactive role across the Global Spaces, EU law imposes several obstacles that complicate the pursuit of these ambitions. These concern particularly the need to base EU actions on powers conferred by the member states, the parallel international presence of the Union and the member states, and difficulties for the EU to join relevant international agreements and institutions. The article argues that through legal creativity, these constraints can be largely overcome, enabling the EU to pursue its ambitions nonetheless. Show less
Ponzio, R.; Yusuf, N.; Siddiqui, M.; Larik, J.E. 2023
In introducing novel ideas for the September 2024 Summit of the Future and New Agenda for Peace, this report seeks to encourage more ambitious, forward looking thinking and deliberation on global... Show moreIn introducing novel ideas for the September 2024 Summit of the Future and New Agenda for Peace, this report seeks to encourage more ambitious, forward looking thinking and deliberation on global governance renewal and innovation. The world needs better ways to manage its many, growing problems. Engaging new voices, instruments, networks, knowledge, and structures is the key to coping with today’s and future global challenges, which include, but are not limited to, renewed Great Power tensions, deepening Global North-South divides, virulent nationalism, runway climate change, and unconstrained artificial intelligence. Against this backdrop, the inaugural Global Governance Innovation Report (GGIR) aims to inform and advance debates on improving global governance, and to spur action to that end, drawing on insights from two new tools: a Global Governance Index and a Global Governance Survey. Encouraging greater ambition in preparations for the September 2024 Summit of the Future in New York and a New Agenda for Peace, the report offers proactive measures to better prevent, and failing that, limit the escalation of deadly conflict; reconsiders disarmament measures to boost conditions for conflict management and resolution; and proposes a next generation humanitarian action architecture to save more lives when conflict prevention and mitigation fail. Central to a strategy for change, GGIR’23 introduces five steps for mobilizing a broad-based, smart coalition of governments and civil society groups to maximize the generational opportunity afforded by next year’s Summit, to better ensure “the future we want and the United Nations we need” for present and future generations. Show less
The United Kingdom’s relationship with the European Union was supposed to be definitively settled several times during the past decade – yet it was not. The 2016 referendum brought about a surge in... Show moreThe United Kingdom’s relationship with the European Union was supposed to be definitively settled several times during the past decade – yet it was not. The 2016 referendum brought about a surge in interest in legal questions, especially of EU law and international economic law. This presented scholars with a questionable gift: on the one hand, countless new opportunities for research, publications, and public visibility; on the other, the curse of chasing a rapidly and at times erratically moving target. Therefore, this essay reflects on the continued relevance of Brexit scholarship and different strategies for extending its shelf-life. It argues that the relevance of this scholarship may indeed extend into the future when foresighted and innovative approaches are being put forward. Looking ahead, the essay observes that the Windsor Framework to overhaul the Northern Ireland Protocol likely marks the end point of the frenzied and fraught EU-UK relationship between 2016 and 2023. The essay concludes that, while disagreements will continue, the EU-UK relationship as a topic is entering a period of normalization. Rigorous legal and innovative interdisciplinary scholarship will remain necessary both to develop EU-UK relations as a sub-topic of its own and to embed it into wider discourses of EU and international law. Show less
Koenders, B.; Broeks, J.; Middelaar, L.J. van; Schuwer, H.; Broekhuizen, L.; Casteleijn, L.; ... ; Jagt, H. van der 2022
Op 7 juli 2022 heeft de Tweede Kamer de Adviesraad Internationale Vraagstukken (AIV) gevraagd een spoedadvies te schrijven over de gevolgen van deze oorlog voor het buitenlands beleid voor... Show moreOp 7 juli 2022 heeft de Tweede Kamer de Adviesraad Internationale Vraagstukken (AIV) gevraagd een spoedadvies te schrijven over de gevolgen van deze oorlog voor het buitenlands beleid voor Nederland en de EU. Nu de oorlog ruim een half jaar duurt, en voorlopig geen einde kent, is het verstandig dat Nederland nadenkt over een toekomststrategie. Op welke wijze kan Nederland de veiligheidspolitieke en sociaaleconomische belangen beschermen tegen de achtergrond van de oorlog en in het licht van de veranderende geopolitieke verhoudingen? Nederland heeft zich verbonden aan de oorlog in Oekraïne en is verwikkeld in een hybride conflict met Rusland. De oorlog veroorzaakt op vele fronten problemen voor de Nederlandse en Europese samenlevingen. De kwetsbare veiligheidssituatie dwingt het parlement en de regering na te denken over een toekomststrategie voor het buitenlandse beleid. De AIV doet een aantal urgente aanbevelingen. Show less
Ponzio, R.; Yusuf, N.; Siddiqui, M.; Larik, J.E.; Aamer, F.; Durch, W. 2022
In 2022, the growing impacts of climate change have been felt across the globe, from prolonged drought in the Middle East and North Africa, to erratic monsoons in South Asia and record-breaking... Show moreIn 2022, the growing impacts of climate change have been felt across the globe, from prolonged drought in the Middle East and North Africa, to erratic monsoons in South Asia and record-breaking heat waves in Europe and China. At the same time, the COVID-19 pandemic—which reached the tragic milestone of one million deaths within the first eight months of this year—and the ongoing war in Ukraine and other violent conflicts have impeded global progress toward the Sustainable Development Goals. To address these and other pressing global challenges, in his 2021 Out Common Agenda report, UN Secretary-General António Guterres called for a Summit of the Future to improve collective action worldwide. Among the summit’s anticipated outcomes are a Declaration on Future Generations, a Global Digital Compact, and a New Agenda for Peace. This report elaborates on the challenges, proposed major elements, and potential spoilers to be overcome by each of these global policy frameworks. It further argues that meaningful civil society engagement in the summit’s preparations can reassure all stakeholders that decisions taken in September 2023 are well-informed, enjoy broad social ownership, and generate a sense of co-responsibility in supporting their implementation. Show less
Ponzio, R.; Yusuf, N.; Larik, J.E.; Arjomand, B.; Siddiqui, M.; Zhang, J.; Durch, W. 2022
Fears of rising conflict, new COVID-19 variants, irreversible climate change, and eroding collaboration in the global economy threaten to undermine the 2030 Agenda for Sustainable Development and... Show moreFears of rising conflict, new COVID-19 variants, irreversible climate change, and eroding collaboration in the global economy threaten to undermine the 2030 Agenda for Sustainable Development and other efforts to advance human progress. Yet, a once-in-a-generation opportunity to review and dramatically improve global tools for managing such enormous challenges, a Summit of the Future, is under serious consideration for September 2023 by the United Nations’ 193 Member States. Informed by research and policy dialogues—initially undertaken for the Albright-Gambari Commission and its follow-through, and most recently to help flesh out key proposals in the Secretary-General’s seminal report, Our Common Agenda—this report’s twenty main recommendations are intended to encourage more ambitious, forward-looking thinking and deliberation on global governance renewal and innovation in the run-up to next year’s Summit. Show less
De Handels- en samenwerkingsovereenkomst tussen de Europese Unie (EU) en het Verenigd Koninkrijk (VK) (de HSO) is ondertekend op 30 december 2020 en op 1 mei 2021 formeel in werking getreden.... Show moreDe Handels- en samenwerkingsovereenkomst tussen de Europese Unie (EU) en het Verenigd Koninkrijk (VK) (de HSO) is ondertekend op 30 december 2020 en op 1 mei 2021 formeel in werking getreden. Terwijl het Terugtrekkingsakkoord (TA) tussen de EU en het VK kan worden gezien als de ‘echtscheidingsovereenkomst’, die voornamelijk alle kwesties behandelt die verband houden met een ordelijke uittreding van het VK, legt de HSO de basis voor een nieuwe relatie tussen de twee partijen. Deze relatie is niet langer gebaseerd op een lidmaatschap dat wordt bepaald door de supranationale rechtsorde van de EU, maar op een pragmatisch partnerschap op basis van internationaal publiekrecht, of, zoals sommige Britse vertegenwoordigers blijven benadrukken, een relatie tussen ‘soevereine gelijken’. Deze bijdrage heeft tot doel de nieuwe samenwerking nader te duiden op basis van een overzicht van de HSO en door deze te situeren binnen het bredere, nieuwe rechtsgebied dat de betrekkingen tussen de EU en het VK na Brexit regelt. Wij stellen voor dit nieuwe gebied de naam ‘post-Brexitrecht’ te geven. Dit artikel analyseert achtereenvolgens de juridische aard, de status en de materiële inhoud van de HSO. Dit wordt gevolgd door een analyse en duiding van de governance-bepalingen, met inbegrip van geschillenbeslechting. Show less
The Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This... Show moreThe Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This chapter highlights the two main hallmarks of the Protocol: on the one hand, being an integral part of the Withdrawal Agreement and the post-Brexit legal framework more broadly, and, on the other, being one of the last and most enduring holdouts of EU institutions applying EU law in a part of the UK. These characteristics, coupled with the high political stakes in the context of North-South relations in Ireland and the peace process, merit close scrutiny of the Protocol’s governance and dispute settlement provisions. Based on an analysis of the relevant provisions and informed by leading theories on compliance in international law, this chapter argues that due to fundamentally different views and strategies of the EU institutions and the UK government, the design and use of the Protocol’s mechanisms have the potential to exacerbate rather than mend EU-UK relations. Show less
RECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover,... Show moreRECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover, increase their enforcement powers, preserve their independence, and enhance their resilience against political pressures. Show less
In June 2016, the European Union launched its new ‘Global Strategy for Foreign and Security Policy’. In less unusual times, it would have been received as merely the latest iteration of the main... Show moreIn June 2016, the European Union launched its new ‘Global Strategy for Foreign and Security Policy’. In less unusual times, it would have been received as merely the latest iteration of the main tenets and ambitions of EU external action, this time with an enhanced dose of pragmatism to respond to a more challenging international environment. However, with the contours of ‘Brexit’ becoming clearer and the start of the Trump Presidency in the United States, the EU’s Global Strategy has acquired a whole new level of significance. This paper argues that while meant to express a largely uncontroversial consensus, it now needs to be recontextualized as a distinctive vision in the face of trends of anti-globalism and Euroscepticism. This concerns in particular its emphasis on rules-based global governance. Challenged by both President Trump ‘America First’ policy and the British government’s course for a ‘hard Brexit’, the Global Strategy represents a blueprint and rallying point for a continued pursuit of a liberal world order based on the rule of law. Show less
This case note analyses the French Conseil constitutionnel's CETA decision of 31 July 2017 (ECLI:FR:CC:2017:2017.749.DC). The Conseil was the first national court to reach a substantive judgment on... Show moreThis case note analyses the French Conseil constitutionnel's CETA decision of 31 July 2017 (ECLI:FR:CC:2017:2017.749.DC). The Conseil was the first national court to reach a substantive judgment on whether CETA was compatible with an EU Member State’s constitution, concluding that there was nothing in CETA that was at odds with French constitutional law. Given that CETA will also be subject to ex ante review at the European Court of Justice requested by Belgium, the Conseil constitutionnel’s decision is another milestone in the judicial saga surrounding CETA, but not the end of the road. The note argues that the Conseil employed a dynamic and cooperative interpretation of sovereignty and showed a strong attitude of deference both to France’s political branches and to the EU in terms of international treaty-making. There are, however, some aspects where the decision would have benefited from greater clarity. Nonetheless, instead of undermining France’s constitutional order, the Conseil confirmed the fundamental commitment of France to European integration and international cooperation. More particularly, it refrained from unduly interfering with the ability of the EU and its Member States to continue operating as a collective international actor. Show less
EU external relations law is a doubly peculiar field of scholarship that has attracted significant scholarly attention over the last several decades. It is both part of EU law—considered a "new... Show moreEU external relations law is a doubly peculiar field of scholarship that has attracted significant scholarly attention over the last several decades. It is both part of EU law—considered a "new legal order" distinct from international law—and it is concerned with the European Union as a global actor, a "strange animal" in that the EU is neither a state nor a classical international organization. This essay argues that in the emerging field of comparative foreign relations law, the law of EU external relations will be both a supporting pillar and important driver: A pillar, because, next to U.S. foreign relations law, it is one of the most vibrant scholarly discourses on the subject; and a driver, because it continues to be a fascinating comparator for national—especially federal—systems of foreign relations law that questions many of the assumptions underlying nation-based concepts and blurs the lines between national and international law. Show less
The article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the... Show moreThe article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the relationship between the Union and its Member States. It argues that while the duty of sincere cooperation is a judicially enforceable duty vis-a-vis the Member States, it is losing some of its relevance in the context of the CCP. This is due to the fact that the Lisbon Treaty, as confirmed by the case law of the Court of Justice of the EU, expanded the scope of the CCP and clearly identifies it as an exclusive competence of the Union. Loyalty in the CCP, therefore, is mainly covered by the obligation to respect the exclusivity of the Union’s international powers in this area. While this does not equate to the disappearance of the Member States as actors in international economic governance, it does seriously constrain their leeway for autonomous action. In addition, the article applies this finding to a number of current developments surrounding the CCP. These include, firstly, the new Global Strategy for Foreign and Security Policy, which promotes the idea of a “joined-up” approach between different actors and policies; secondly, “Brexit” and the prospect of the United Kingdom negotiating new trade agreements of its own; thirdly, the position of the Member States in the WTO; and fourthly, the nature of the wave of new free trade agreements that the EU is negotiating and concluding. Show less
As evidenced by Goal No. 14 of the UN's Sustainable Development Goals, the importance of oceans governance as a matter of global policy can hardly be overstated. The unsustainable uses of their... Show moreAs evidenced by Goal No. 14 of the UN's Sustainable Development Goals, the importance of oceans governance as a matter of global policy can hardly be overstated. The unsustainable uses of their resources could lead to serious consequences, not only for coastal communities, but remote landlocked countries as well. This special section aims to take the international community's clarion call for effective norms, institutions, and multi-stakeholder cooperation back to the oceans through three topical case studies. Each in its own way illustrates humanity's high stakes in blue growth, offering recommendations on how states and governments must craft coherent, effective, and actionable policies to make sustainable oceans governance a reality. Claire van der Geest's article opens the special section with a focus on the Indian Ocean and the need to redesign its fisheries governance. Hongzhou Zhang and Fengshi Wu subsequently investigate two of the most significant structural shifts of China's marine fisheries sector in the past decades, namely, going outward and focusing on high market value species. James Malcolm concludes the special section by switching attention to small island developing states, arguing that sustainable oceans governance for them represents not ‘only’ an environmental or economic concern, but indeed a matter of national security. Show less
Larik, J.E.; Daniëls, L.; Oosterom, J.; Ruiter, L. de; Smit, L.; Vermeij, A.; Vliet, V. van 2017
The existing architecture to ensure sustainable development in the high seas in the Indian Ocean exhibits numerous shortcomings. This policy brief addresses the most pressing gaps and proposes a... Show moreThe existing architecture to ensure sustainable development in the high seas in the Indian Ocean exhibits numerous shortcomings. This policy brief addresses the most pressing gaps and proposes a set of policy recommendations, including specific first steps that ought to be taken in the near future. These include Marine Protected Areas (MPAs) as part of spatial management of fisheries, the possibilities of creating new or expanding existing governance instruments, and enhancing enforcement measures that are required to make a multilateral, comprehensive governance instrument for the Indian Ocean effective. The policy brief argues that more advanced forms of governance of regional seas need to be established that will support better cooperation and communication between governments and wider stakeholder communities. Furthermore, sustainable development in the Indian Ocean requires a well-functioning framework that is geographically inclusive and covers a wide range of species. Developing countries should be given assistance in this process and the private sector, the scientific community as well as local communities should be fully involved. Monitoring, control, and surveillance of any areas covered in existing and future treaties (including MPAs) will also depend on countries and the private sector working together. Uniform standards for fisheries are dependent on effective data collection and reporting, requiring a commitment from all parties involved to gather and share this information. Together, these recommendations aim to create an inclusive and cooperative governance structure for the Indian Ocean in the service of blue growth. Show less
Buitelaar, T.; Larik, J.E.; Matta, A.; Vos, B. de 2016
Executive Summary In June 2016, High Representative Mogherini presented the EU’s new Global Strategy on Foreign and Security Policy (EUGS) to the European Council. With the Strategy now... Show moreExecutive Summary In June 2016, High Representative Mogherini presented the EU’s new Global Strategy on Foreign and Security Policy (EUGS) to the European Council. With the Strategy now finalized, attention needs to turn to its implementation in an environment mired by crises both within Europe and the wider world. In September 2016, The Hague Institute for Global Justice and Europe House—the European Parliament Information Office and the Representation of the European Commission in The Netherlands—organized an expert meeting and a public panel discussion, which inform the present document as a first appraisal of the Global Strategy. Focusing on three areas of particular salience in EU foreign policy—the EU as a security actor, developing rules-based global governance in new areas, and the ‘joined-up’ approach in pursuing the UN’s Sustainable Development Goals (SDGs)— the following recommendations for the implementation of the EUGS can be made: The EU as a security actor The EU needs a pragmatic and flexible approach in order to solve the crises around Europe and to improve its credibility in the short and long term, for example by using ad hoc coalitions. Moreover, a possible withdrawal of the United Kingdom from the EU could open up political space for deepened defense cooperation. The EU would need to find ways to make use of this political space in order to generate political will in the capitals for deepening defense cooperation. More broadly speaking, the EU should devise plans to connect with its citizens as a security actor and communicate the message that EU defense cooperation tangibly benefits the security of all citizens. Developing rules-based global governance Using the area of cyber governance as an example given its cross-cutting importance, the EU should fully embrace the role of ‘agenda-shaper, connector, coordinator and facilitator within a networked web of players’ by investing in multistakeholder initiatives and, together with the Member States, showing coordinated political leadership in this area. The EU, furthermore, needs to take its internal normative innovations (such as the “right to be forgotten”) to the global stage, where they can serve as inspiration to other actors. It should also use regional approaches and coalitions of like-minded countries as building blocks for working towards a global consensus. In addition, the EU should bolster its credibility as a cyber power by capacity-building, both within the EU Member States and third countries, to fight criminal activities and strengthen cooperation between law enforcement agencies. Capacity-building as part of a ‘joined-up approach’ in the case of the SDGs For SDGs to be progressively realized through ‘joined-up’ EU action, they need to be translated and concretized into measurable goals, which should be pursued through already existing policies and strategies and be taken into account during the framing of new ones. Moreover, the EU should invest, in tandem with the Member States, in communicating to the public that the SDGs are a global commitment with implications, both positive and negative, in the daily lives of citizens. For the EU, the most important next step is to translate the EUGS into prioritized and coherent sub-strategies with a view to maintaining the SDGs as a central element of the follow-up of the EUGS. The Global Strategy will remain the core guidance for EU external action for years to come. However, the period until the first yearly progress report in June 2017 will be crucial for establishing the traction and first concrete results produced by the Strategy. As the calendars of the EU institutions and Member State policymakers are filling up with more milestones for its implementation, existing sectorspecific strategies will be updated and new ones developed. Implementing the Global Strategy will be a momentous endeavor by any standard, both for the EU and its Member States. How well they will work together, use their resources, build political momentum and voice their common message will ultimately determine the role of the EU in the world. Show less
Considering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article... Show moreConsidering the implications of the Transatlantic Trade and Investment Partnership (TTIP) for the architecture of global (economic) governance, including the international rule of law, the article addresses some of the most pertinent systemic consequences TTIP is likely to produce, based on the shape the agreement is currently taking. The article’s main arguments are that despite representing innovation and added value in some areas, TTIP may produce negative consequences in at least three respects. Firstly, it will cater to an imbalance in terms of access to justice in the area of investment protection; secondly, by providing a way out for the World Trade Organization's (WTO) two most active litigants, it can contribute to the de-judicialization of international trade law; and thirdly, it creates potential for a fierce backlash from the rest of the world as regards the global promotion of an overtly transatlantic regulatory and normative agenda. Show less
