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
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
This paper addresses the constitutional entrenchment of foreign policy preferences, or “world views”, from the vantage point of International Relations theory. Empirically, norms that sketch out... Show moreThis paper addresses the constitutional entrenchment of foreign policy preferences, or “world views”, from the vantage point of International Relations theory. Empirically, norms that sketch out certain visions of global governance have become a popular feature of constitutional design. The paper expounds both their potential, as well as pitfalls to avoid, with a particular focus on Constructivist scholarship. In terms of their merits, they can serve as evidence of a “normative basis” for foreign policy and as parameters for legitimacy. Furthermore, they represent both evidence of, and fuel for, processes of socialization in foreign policy. However, Constructivists tempted to draw on such constitutional worldviews should heed three main caveats. Firstly, while the constitution is supreme in the legal realm, it is only one of many possible expressions of normative preferences from a political science perspective. Secondly, they should avoid confusion between domestic constitutional standards and universal ones. Thirdly, they should be aware of the problematic of the “dead hand of the past”, i.e., while constitutional entrenchment may lend norms particular gravitas, it also makes them prone to become out-dated. By staying clear of these pitfalls, Constructivist theorists can embrace contemporary constitutions in their quest to elucidate which principles and ideas shape the international order and its maturing legal framework. Show less
