Abstract The article focuses on the implementation and protection of the freedom of expression in Ukraine and attempts to explore this issue not from the perspective of traditional constitutional law, but rather from that of civil law. For this purpose, constitutional rights and personal immaterial rights are compared and ways of their implementation as well as remedies of their defense are analyzed. To achieve the mentioned purpose of research, the notion of ‘views’ has been analyzed and compared with the notion of ‘facts’ as a subject of civil rights. This analysis helped the author to determine ways and conditions of free sharing of information, factors hindering the freedom of sharing information and remedies of defense of the right to share information freely. The functional method allowed the author to explore the implementation of the right to freedom of expression as a systemic phenomenon influenced by various aspects, such as the language used in expression, form of expression, informational sources providing public access to the shared information, and peculiarities of access to these sources for different persons. The article emphasizes the difficulties accompanying the implementation of the right to freedom of expression in various social areas, e.g., in science, politics, religious affairs, etc. The author presumes that the freedom to express one’s own opinions is comparable to the freedom of having one’s own thoughts on various issues not violated, and this should be guaranteed by the appropriate infrastructure with a simple access to it for all regardless of their beliefs, political opinions, and other factors.
{"title":"Implementation and Protection of the Right to Freedom of Expression in Ukrainian Civil Law: Modern Problems","authors":"Inna Spasibo-Fateeva","doi":"10.1515/bjes-2019-0030","DOIUrl":"https://doi.org/10.1515/bjes-2019-0030","url":null,"abstract":"Abstract The article focuses on the implementation and protection of the freedom of expression in Ukraine and attempts to explore this issue not from the perspective of traditional constitutional law, but rather from that of civil law. For this purpose, constitutional rights and personal immaterial rights are compared and ways of their implementation as well as remedies of their defense are analyzed. To achieve the mentioned purpose of research, the notion of ‘views’ has been analyzed and compared with the notion of ‘facts’ as a subject of civil rights. This analysis helped the author to determine ways and conditions of free sharing of information, factors hindering the freedom of sharing information and remedies of defense of the right to share information freely. The functional method allowed the author to explore the implementation of the right to freedom of expression as a systemic phenomenon influenced by various aspects, such as the language used in expression, form of expression, informational sources providing public access to the shared information, and peculiarities of access to these sources for different persons. The article emphasizes the difficulties accompanying the implementation of the right to freedom of expression in various social areas, e.g., in science, politics, religious affairs, etc. The author presumes that the freedom to express one’s own opinions is comparable to the freedom of having one’s own thoughts on various issues not violated, and this should be guaranteed by the appropriate infrastructure with a simple access to it for all regardless of their beliefs, political opinions, and other factors.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"205 - 223"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44294112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In an increasingly globalised world, today’s international challenges such as climate change transcend national boundaries and require multi-level governance responses. Cities, in particular, stand out as an essential governing unit with huge potentials in resolving some of the 21st century’s most pressing concerns. The recent explosion of the phenomenon of city-networks reflects intensifying city-to-city interactions in addressing global environmental issues. This article examines the case of Tokyo in addressing challenges posed by climate change. Examining the origin, development, and diffusion of Tokyo’s climate change policy, the cap-and-trade scheme was found to have first diffused from Europe to Tokyo, adjusted to adapt to the local context, then further diffused to other Asian cities. Study of Tokyo’s experience demonstrates that policy formation does not always follow a centralized, top-down, command-and-control approach. This findings challenge conventional realist conception which emphasises the dominance of central authorities and sovereign states in global policy formation. Under the framework of global governance, this article argues that cities are important sites of policy experimentation and innovation, and that the case of Tokyo demonstrates the potential of cross-country policy diffusion.
{"title":"Cities & International Policy Diffusion: The Case of Tokyo","authors":"Nikita Chiu","doi":"10.1515/bjes-2019-0014","DOIUrl":"https://doi.org/10.1515/bjes-2019-0014","url":null,"abstract":"Abstract In an increasingly globalised world, today’s international challenges such as climate change transcend national boundaries and require multi-level governance responses. Cities, in particular, stand out as an essential governing unit with huge potentials in resolving some of the 21st century’s most pressing concerns. The recent explosion of the phenomenon of city-networks reflects intensifying city-to-city interactions in addressing global environmental issues. This article examines the case of Tokyo in addressing challenges posed by climate change. Examining the origin, development, and diffusion of Tokyo’s climate change policy, the cap-and-trade scheme was found to have first diffused from Europe to Tokyo, adjusted to adapt to the local context, then further diffused to other Asian cities. Study of Tokyo’s experience demonstrates that policy formation does not always follow a centralized, top-down, command-and-control approach. This findings challenge conventional realist conception which emphasises the dominance of central authorities and sovereign states in global policy formation. Under the framework of global governance, this article argues that cities are important sites of policy experimentation and innovation, and that the case of Tokyo demonstrates the potential of cross-country policy diffusion.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"61 - 74"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44578991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Vlad Vernygora, M. Holland, N. Chaban, T. Kerikmäe
At the end of the second decade of the 21st century, global disruption has become normalised, be it represented by the long shadow cast by 9/11, the USA, Russia, China, Brexit, or climate change. The individual articles in this Special Issue present a diverse array of analyses and topics: what binds them together, however, is the perspective of change. The twentieth-century certainties are no longer adequate explanations as the evolving mosaic of Asia-Pacifi c relations continues to surprise even the most well-informed commentators. Contemporary developments in China, North Korea, and Japan collectively present a new international relations subsystem of issues that challenge the existing multilateral and strategic context of the Asia-Pacifi c. Additionally, the different regionalisms as expressed by the Belt and Road Initiative (BRI) and the Asia-Europe Meeting (ASEM) process emphasise the intercontinental connectivity of Asia-Pacifi c relations, while generating plenty of serious discussions on the topic in the European Union (EU).
{"title":"The Asian Experience for Europe: New Perspectives","authors":"Vlad Vernygora, M. Holland, N. Chaban, T. Kerikmäe","doi":"10.1515/bjes-2019-0010","DOIUrl":"https://doi.org/10.1515/bjes-2019-0010","url":null,"abstract":"At the end of the second decade of the 21st century, global disruption has become normalised, be it represented by the long shadow cast by 9/11, the USA, Russia, China, Brexit, or climate change. The individual articles in this Special Issue present a diverse array of analyses and topics: what binds them together, however, is the perspective of change. The twentieth-century certainties are no longer adequate explanations as the evolving mosaic of Asia-Pacifi c relations continues to surprise even the most well-informed commentators. Contemporary developments in China, North Korea, and Japan collectively present a new international relations subsystem of issues that challenge the existing multilateral and strategic context of the Asia-Pacifi c. Additionally, the different regionalisms as expressed by the Belt and Road Initiative (BRI) and the Asia-Europe Meeting (ASEM) process emphasise the intercontinental connectivity of Asia-Pacifi c relations, while generating plenty of serious discussions on the topic in the European Union (EU).","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"3 - 5"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42638277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Singapore’s policies and approach towards the Asia-Pacific region are guided by conservative pragmatism dictated by two imperatives—the geographical constraints of a small city state without a hinterland or natural resources, and the constant need to stay economically competitive and politically relevant in order to survive and thrive. This chapter begins with an overview of the historical development of Singapore and then zooms in to focus on its foreign policy thinking and development approach and examines how these then translate into actual policy and posturing in its immediate neighbourhood and the broader Asia-Pacific region.
{"title":"Singapore’s Policy in the Asia-Pacific: ASEAN and Open Regionalism","authors":"L. Yeo","doi":"10.1515/bjes-2019-0012","DOIUrl":"https://doi.org/10.1515/bjes-2019-0012","url":null,"abstract":"Abstract Singapore’s policies and approach towards the Asia-Pacific region are guided by conservative pragmatism dictated by two imperatives—the geographical constraints of a small city state without a hinterland or natural resources, and the constant need to stay economically competitive and politically relevant in order to survive and thrive. This chapter begins with an overview of the historical development of Singapore and then zooms in to focus on its foreign policy thinking and development approach and examines how these then translate into actual policy and posturing in its immediate neighbourhood and the broader Asia-Pacific region.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"20 - 39"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49203364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Available studies indicate a strong negative correlation between poverty and social expenditures in EU countries. It means that the country’s at-risk-of-poverty rate tends to erode with increasing social expenditure. However, the studies have demonstrated that the impact of government spending on poverty may vary according to the sector of spending, how well it is targeted, and the way in which it is financed. Some countries manage to achieve a rather significant poverty rate reduction even with relatively low, in the context of other Member States, social expenditure (percentage of GDP). This suggests that in order to reduce poverty rates, it is important to consider not only the amount allocated to social spending, but also the areas the social transfers are channelled to. The article aims to analyse how the composition and the extent of social spending/transfers may affect poverty reduction in EU countries. The analysis showed that social protection transfers reduce the percentage of people at-risk-of-poverty in all countries, however, to a very different extent. Regression analysis demonstrated that social exclusion and family/children expenditure was found to be the most important predictor for a relative antipoverty effect of social transfers: even a small percentage increase in such expenditure allows quite a significant increase in the relative antipoverty effect of social transfers.
{"title":"The Impact of Social Transfers on Poverty Reduction in EU Countries","authors":"Rasa Miežienė, Sandra Krutulienė","doi":"10.1515/BJES-2019-0009","DOIUrl":"https://doi.org/10.1515/BJES-2019-0009","url":null,"abstract":"\u0000 Available studies indicate a strong negative correlation between poverty and social expenditures in EU countries. It means that the country’s at-risk-of-poverty rate tends to erode with increasing social expenditure. However, the studies have demonstrated that the impact of government spending on poverty may vary according to the sector of spending, how well it is targeted, and the way in which it is financed. Some countries manage to achieve a rather significant poverty rate reduction even with relatively low, in the context of other Member States, social expenditure (percentage of GDP). This suggests that in order to reduce poverty rates, it is important to consider not only the amount allocated to social spending, but also the areas the social transfers are channelled to. The article aims to analyse how the composition and the extent of social spending/transfers may affect poverty reduction in EU countries. The analysis showed that social protection transfers reduce the percentage of people at-risk-of-poverty in all countries, however, to a very different extent. Regression analysis demonstrated that social exclusion and family/children expenditure was found to be the most important predictor for a relative antipoverty effect of social transfers: even a small percentage increase in such expenditure allows quite a significant increase in the relative antipoverty effect of social transfers.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48864717","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Parliamentary questions are a direct form of parliamentary scrutiny of other EU institutions and bodies, traditionally being an important tool for the opposition. This study examines how parliamentary questions are used in the European Parliament. We ascertain whether political groups representing opposition differ in their use of parliamentary questions from those who are represented in the European Commission. The article presents two main findings. First, such a difference does exist in all types of questions at the aggregated level. Groups not represented in the European Commission pose more questions than those who are represented. Secondly, it appears that the type of parliamentary question determines the groups’ behaviour. The article thus contributes to our understanding of how opposition functions in the European Parliament.
{"title":"Parliamentary Questions: Expressions of Opposition(s) within the European Parliament?","authors":"Petr Kaniok, Magda Komínková","doi":"10.1515/BJES-2019-0003","DOIUrl":"https://doi.org/10.1515/BJES-2019-0003","url":null,"abstract":"\u0000 Parliamentary questions are a direct form of parliamentary scrutiny of other EU institutions and bodies, traditionally being an important tool for the opposition. This study examines how parliamentary questions are used in the European Parliament. We ascertain whether political groups representing opposition differ in their use of parliamentary questions from those who are represented in the European Commission. The article presents two main findings. First, such a difference does exist in all types of questions at the aggregated level. Groups not represented in the European Commission pose more questions than those who are represented. Secondly, it appears that the type of parliamentary question determines the groups’ behaviour. The article thus contributes to our understanding of how opposition functions in the European Parliament.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47814605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In previous years, the evolution of nation-building politics in the Republic of Kazakhstan was characterized by an alternation of tactical schemes that actualized either the ethnocultural or civil-political foundations of statehood. At present, the emerging common Kazakhstani culture is becoming the basis for mutually agreed development of ethnocultural and civic identity as its own elements. In the system of common Kazakhstani culture, the civil and ethnocultural models of the nation are the poles or attractors of the process of self-organization of a single nationwide Kazakhstan identity. The optimal identity politics in the nation-building risk management in the conditions of modern Kazakhstan is to adopt the point of view of the whole set of identification models and to maintain the dynamic balance of conflicting identities through the mechanism of mutual checks and balances.
{"title":"Identity Politics in Managing the System Risks of Nation-Building: On the Example of the Republic of Kazakhstan","authors":"V. Dunaev, V. Kurganskaya, Mukhtarbek Shaikemelev","doi":"10.1515/BJES-2019-0006","DOIUrl":"https://doi.org/10.1515/BJES-2019-0006","url":null,"abstract":"\u0000 In previous years, the evolution of nation-building politics in the Republic of Kazakhstan was characterized by an alternation of tactical schemes that actualized either the ethnocultural or civil-political foundations of statehood. At present, the emerging common Kazakhstani culture is becoming the basis for mutually agreed development of ethnocultural and civic identity as its own elements. In the system of common Kazakhstani culture, the civil and ethnocultural models of the nation are the poles or attractors of the process of self-organization of a single nationwide Kazakhstan identity. The optimal identity politics in the nation-building risk management in the conditions of modern Kazakhstan is to adopt the point of view of the whole set of identification models and to maintain the dynamic balance of conflicting identities through the mechanism of mutual checks and balances.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49631334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The European Union has established the free movement of goods, which covers the parallel import of goods in the EU. However, the free movement of goods should not infringe on the rights of trade mark owners. In some cases, parallel importer needs not only to repackage but also to rebrand pharmaceutical products. ECJ has stated that rebranding is permissible if objective necessity to rebrand exists. But it is the national court that has to determine what objective necessity is. This paper analyses the decisions of EU Member States. In some cases, objective necessity has been determined on similar grounds. However, in other cases, a necessity to enter some part of the market has been evaluated differently in different Member States. The different evaluation of the necessity criterion could be treated as the infringement of uniform application of the free movement of goods in the EU.
{"title":"Can a Parallel Importer Rebrand Pharmaceutical Products in the EU?","authors":"J. Grigiene, Paulius Čerka, D. Perkumiene","doi":"10.1515/BJES-2019-0004","DOIUrl":"https://doi.org/10.1515/BJES-2019-0004","url":null,"abstract":"\u0000 The European Union has established the free movement of goods, which covers the parallel import of goods in the EU. However, the free movement of goods should not infringe on the rights of trade mark owners. In some cases, parallel importer needs not only to repackage but also to rebrand pharmaceutical products. ECJ has stated that rebranding is permissible if objective necessity to rebrand exists. But it is the national court that has to determine what objective necessity is. This paper analyses the decisions of EU Member States. In some cases, objective necessity has been determined on similar grounds. However, in other cases, a necessity to enter some part of the market has been evaluated differently in different Member States. The different evaluation of the necessity criterion could be treated as the infringement of uniform application of the free movement of goods in the EU.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45996909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As the current international system is leaning towards multipolarity, small states face the danger of their influence being diminished and their interests being ignored. Small states in Europe and within the European Union might find themselves in such a predicament. In order to overcome it, they are in need of effective strategies. Literature on the international relations of small states suggests that, despite their limitations, small states are able to pursue their goals and succeed in the international system. Small state studies employ the ‘small but smart state’ concept for a small state that can maximize its influence. Despite being widely used, the latter lacks analytical value and remains a cliché. The objective of this article is to pin down the ‘small but smart’ state strategy and based on that to provide a comprehensive framework for the analysis and the design of effective small state strategies. We suggest that the ‘small but smart’ state strategy shares many elements with the entrepreneurial action, as the latter is extended from its business origins to include a specific strategy. We draw on the field of entrepreneurship to explore the ways it can enhance our understanding of the international relations of small states and we introduce a framework for the ‘small and entrepreneurial state’ strategy. The notion of the ‘small and entrepreneurial state’ adds more depth and rigor into our small state analyses as well as reinvigorates a fragmented and repetitive literature. Last but not least, our ‘small and entrepreneurial state’ approach can be of use for both small state scholars and policy makers.
{"title":"From the ‘Small but Smart State’ to the ‘Small and Entrepreneurial State’: Introducing a Framework for Effective Small State Strategies within the EU and Beyond","authors":"R. Pedi, Katerina Sarri","doi":"10.1515/BJES-2019-0001","DOIUrl":"https://doi.org/10.1515/BJES-2019-0001","url":null,"abstract":"\u0000 As the current international system is leaning towards multipolarity, small states face the danger of their influence being diminished and their interests being ignored. Small states in Europe and within the European Union might find themselves in such a predicament. In order to overcome it, they are in need of effective strategies. Literature on the international relations of small states suggests that, despite their limitations, small states are able to pursue their goals and succeed in the international system. Small state studies employ the ‘small but smart state’ concept for a small state that can maximize its influence. Despite being widely used, the latter lacks analytical value and remains a cliché. The objective of this article is to pin down the ‘small but smart’ state strategy and based on that to provide a comprehensive framework for the analysis and the design of effective small state strategies. We suggest that the ‘small but smart’ state strategy shares many elements with the entrepreneurial action, as the latter is extended from its business origins to include a specific strategy. We draw on the field of entrepreneurship to explore the ways it can enhance our understanding of the international relations of small states and we introduce a framework for the ‘small and entrepreneurial state’ strategy. The notion of the ‘small and entrepreneurial state’ adds more depth and rigor into our small state analyses as well as reinvigorates a fragmented and repetitive literature. Last but not least, our ‘small and entrepreneurial state’ approach can be of use for both small state scholars and policy makers.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45324043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The European Commission has proposed an amendment on the Gas Directive 2009/73/EC to broaden the applicability of the Directive to all gas pipelines from/to the EU including Nord Stream 2. This research focuses on the question of whether the amendment can really boost EU’s natural gas security, by hindering Nord Stream 2. Thematic analysis has been employed as the methodology for analyzing collected data from primary and secondary sources, and relying on a legal and political analysis. The research findings show that although the amendment hinders Nord Stream 2, it also affects the operation of the existing interconnectors adversely. It also declines investors’ tendency for planned pipelines, which lowers EU’s energy security. Moreover, empowerment of the Commission in the proposed amendment curtails Member States’ plans to enhance their energy security. In addition, the security analysis of the research shows that Moscow’s ability to take advantage of its “energy weapon” is being defied because of dependence on European technology and finance, particularly under the sanction condition. Therefore, restraining Russian gas in the European market will not result in a higher level of energy security since reliable and affordable alternatives are not so available. Hence, all four elements of energy security—that is, affordability, availability, accessibility, and acceptability—are jeopardized by the proposed amendment. The current study concludes that although the amendment is expected to boost the energy security of the Union, it may now turn into a threat per se.
{"title":"The Outcome of Directive 2009/73/EC Amendment on EU’s Natural Gas Security","authors":"Javad Keypour","doi":"10.1515/BJES-2019-0005","DOIUrl":"https://doi.org/10.1515/BJES-2019-0005","url":null,"abstract":"\u0000 The European Commission has proposed an amendment on the Gas Directive 2009/73/EC to broaden the applicability of the Directive to all gas pipelines from/to the EU including Nord Stream 2. This research focuses on the question of whether the amendment can really boost EU’s natural gas security, by hindering Nord Stream 2. Thematic analysis has been employed as the methodology for analyzing collected data from primary and secondary sources, and relying on a legal and political analysis. The research findings show that although the amendment hinders Nord Stream 2, it also affects the operation of the existing interconnectors adversely. It also declines investors’ tendency for planned pipelines, which lowers EU’s energy security. Moreover, empowerment of the Commission in the proposed amendment curtails Member States’ plans to enhance their energy security. In addition, the security analysis of the research shows that Moscow’s ability to take advantage of its “energy weapon” is being defied because of dependence on European technology and finance, particularly under the sanction condition. Therefore, restraining Russian gas in the European market will not result in a higher level of energy security since reliable and affordable alternatives are not so available. Hence, all four elements of energy security—that is, affordability, availability, accessibility, and acceptability—are jeopardized by the proposed amendment. The current study concludes that although the amendment is expected to boost the energy security of the Union, it may now turn into a threat per se.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46992179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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