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The Unilateral Turn in EU Trade Policy? The Origins and Characteristics of the EU’s New Trade Instruments 欧盟贸易政策的单边转向?欧盟新贸易工具的起源与特点
Pub Date : 2023-08-01 DOI: 10.54648/eerr2023012
H. Kalimo, Ferdi De Ville, Simon Happersberger
The introduction of over half a dozen unilateral European Union (EU) trade policy instruments in the past few years seems to represent a major shift to the EU’s previous focus on bilateral and multilateral avenues. This article investigates the origins of the recent unilateralization of EU trade policy and the main characteristics of the new instruments. What are the new instruments’ goals and why does the EU introduce them now? We identify six key determinants of this trend: the rise of state interventions, increasing sustainability ambitions, a more adverse geopolitical context, the paralysis of the multilateral trading system, the resistance to bilateral trade agreements and changing preferences within key Member States. The instruments can be divided in three clusters focused on competitiveness, sustainability, and security. They share to a larger or lesser degree five key features: reciprocity, deterrence, built-in engagement, extension of internal policies, and the pursuit of international public goods. Our analysis points at a unilateral turn with EU characteristics, offering a framework for studying trade unilateralization in comparative perspective.EU, Trade Policy, Unilateralization, Geopoliticization, Bilateralism, Multilateralism, Sustainability
在过去几年中,欧洲联盟(欧盟)推出了六项以上的单方面贸易政策文书,这似乎代表着欧盟对以往侧重双边和多边途径的重大转变。本文探讨了最近欧盟贸易政策单边化的根源以及新工具的主要特征。新文书的目标是什么?为什么欧盟现在要引入这些文书?我们确定了这一趋势的六个关键决定因素:国家干预的兴起、可持续性雄心的增强、更不利的地缘政治背景、多边贸易体系的瘫痪、对双边贸易协议的抵制以及关键成员国内部偏好的变化。这些工具可分为三组,重点是竞争力、可持续性和安全。它们或多或少有五个关键特征:互惠、威慑、内在参与、内部政策的延伸和追求国际公共产品。我们的分析指向了一个具有欧盟特色的单边转向,为从比较角度研究贸易单边化提供了一个框架。欧盟、贸易政策、单边化、地缘政治、双边主义、多边主义、可持续性
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引用次数: 2
Thinking Past Naivete: Investment Screening by the EU as a Problem of (Mis)trust in International Relations 思维超越天真:欧盟的投资筛选是国际关系中的(错误)信任问题
Pub Date : 2023-08-01 DOI: 10.54648/eerr2023016
M. Misra
The EU’s investment screening mechanism (ISM) has been a prime example of the unilateral turn in EU trade and investment policy and of a broader global trend of a rise in ISMs. Being a champion of market liberalization and open investment regimes, however, for the EU to introduce a regulatory barrier to cross-border capital flows is particularly remarkable. This contribution argues that conceptually, ISMs may be understood as exposing a problem of trust in international relations (IR) and that a greatly consequential, if not decisive, underlying factor affecting both the introduction and usage of the EU ISM has been the level of trust between the EU and the People’s Republic of China. The introduction of the EU ISM is a symptom of mistrust in EU-China relations in its legislative form, and a test of trust in its individual decisions at Member State (MS) level. Discussing the above, the article aims to fulfil two objectives. First, it demonstrates how the concept of trust can illustrate the genesis and later the functioning of the EU ISM. Secondly, it explores what legal tools may be adopted to either rebuild trust or to render trust inessential by curtailing the security vulnerabilities which require it.EU External Affairs, China, Foreign Investment, FDI, Investment Screening, National Security, Trust
欧盟的投资筛选机制(ISM)是欧盟贸易和投资政策单边转向以及ISM上升的更广泛全球趋势的一个典型例子。然而,作为市场自由化和开放投资制度的倡导者,欧盟对跨境资本流动设置监管壁垒尤其引人注目。这篇文章认为,从概念上讲,ISM可以被理解为暴露了国际关系中的信任问题,而影响欧盟ISM的引入和使用的一个重要(如果不是决定性的)根本因素是欧盟和中华人民共和国之间的信任水平。欧盟ISM的引入是对立法形式的中欧关系不信任的表现,也是对成员国层面对其个人决定信任的考验。通过以上论述,本文旨在实现两个目标。首先,它展示了信任的概念如何说明欧盟ISM的起源和后来的运作。其次,它探讨了可以采用哪些法律工具来重建信任,或者通过减少所需的安全漏洞来使信任变得无关紧要
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引用次数: 0
Are EU GSP Withdrawals and CFSP Sanctions Becoming More Alike? 欧盟取消普惠制和CFSP制裁是否变得更加相似?
Pub Date : 2023-08-01 DOI: 10.54648/eerr2023013
C. Portela
At their inception in the early 1990s, conditionality clauses were introduced in the General Scheme of Preferences (GSP) as an instrument for the protection and promotion of labour standards and human rights in the Global South. Conditionality in the GSP as an instrument of development and trade policy was conceived as separate from foreign policy tools in the context of the Common Foreign and Security Policy (CFSP). Notwithstanding the very limited suspension practice, previous research highlighted indications of political contamination in withdrawal decisions. This article explores the question as to whether GSP withdrawals are becoming more similar to CFSP sanctions. Relying primarily on policy documents and legislation, the article discusses the evolution of GSP conditionality from its origins to present, including the proposal for a new Regulation governing the GSP tabled by the Commission in July 2021 and currently under consideration. With this aim in mind, it first outlines the evolution of the design of withdrawal mechanisms, taking issue with the changing focus of the GSP conditionality, which has expanded considerably while withdrawal practice remains marginal. Following that, the implications of the identified trend(s) for the European Union (EU) are teased out.Economic sanctions, GSP, EU trade policy, labour standards, human rights, CFSP
在20世纪90年代初,条件条款被引入普遍优惠制(GSP),作为保护和促进全球南方劳工标准和人权的工具。作为发展和贸易政策工具的普惠制中的条件限制被视为与共同外交和安全政策(CFSP)中的外交政策工具分开。尽管暂停的做法非常有限,但以前的研究强调了退出决定中存在政治污染的迹象。本文探讨了普惠制退出是否变得越来越类似于CFSP制裁的问题。本文主要依靠政策文件和立法,讨论了普惠制条件从起源到现在的演变,包括欧盟委员会于2021年7月提出的一项管理普惠制的新法规提案,目前正在审议中。考虑到这一目标,本文首先概述了退出机制设计的演变,对普惠制条件的焦点变化提出了质疑,普惠制条件已经大大扩大,而退出实践仍然处于边缘。随后,本文梳理了上述趋势对欧盟(EU)的影响。经济制裁,普惠制,欧盟贸易政策,劳工标准,人权,CFSP
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引用次数: 0
The Unilateral Turn in EU Trade and Investment Policy 欧盟贸易和投资政策的单边转向
Pub Date : 2023-08-01 DOI: 10.54648/eerr2023011
T. Verellen, A. Hofer
As part of the European Commission’s Open Strategic Autonomy agenda, the European Union has reformed its unilateral trade and investment policy toolbox. Existing instruments have been updated (e.g., Trade Defence Instruments, the Enforcement Regulation) and new instruments have been adopted (e.g., the Foreign Subsidies Regulation, the Foreign Direct Investment Screening Regulation, the Anti-Coercion Instrument). These developments are significant: taken together, they herald a unilateral turn in the EU’s trade and investment policy. This special issue explores aspects of this unilateral turn. It combines a bird’s-eye perspective with studies of specific instruments; it brings together political science and legal methodologies; and it looks at the unilateral turn from the inside-out and from the outside-in. The special issue scratches the surface of what we consider to be a seismic change in the EU’s trade and investment policy. We hope it will trigger further debate and scholarly analysis of this important topic. In this introduction, we set the scene and introduce the six articles that are part of this special issue.unilateral turn, unilateralism, EU trade and investment policy, security, sustainability, level playing field, geopolitics, geopoliticization, economic coercion, restrictive measures, common commercial policy
作为欧盟委员会(European Commission)开放战略自治(Open Strategic Autonomy)议程的一部分,欧盟改革了其单边贸易和投资政策工具箱。已经更新了现有的文书(如贸易保护文书、执行条例),并通过了新的文书(如《外国补贴条例》、《外国直接投资审查条例》、《反强迫文书》)。这些进展意义重大:综合起来看,它们预示着欧盟贸易和投资政策的单边转向。本期特刊探讨了这种单边转向的各个方面。它将鸟瞰视角与特定仪器的研究相结合;它汇集了政治学和法学方法;它从内到外和从外到内观察单侧转弯。我们认为,欧盟的贸易和投资政策发生了翻天覆地的变化,而这期特刊只是冰山一角。我们希望它将引发对这一重要议题的进一步辩论和学术分析。在这篇介绍中,我们设置了场景并介绍了本期特刊的六篇文章。单边转向、单边主义、欧盟贸易和投资政策、安全、可持续性、公平竞争环境、地缘政治、地缘政治化、经济胁迫、限制性措施、共同商业政策
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引用次数: 0
Reciprocity as Security: Reconsidering Third Country Access to European Critical Infrastructure Procurement 互惠作为安全:重新考虑第三国对欧洲关键基础设施采购的准入
Pub Date : 2023-08-01 DOI: 10.54648/eerr2023017
Nathan Meershoek
EU public procurement law provides different options for preventing geopolitically undesirable dependency on third country suppliers in critical infrastructure. Their effectiveness solely depends, however, on the willingness of national authorities to use those. Recently, the EU therefore adopted the International Procurement Instrument (IPI) Regulation, within the sphere of the Common Commercial Policy (CCP), to condition the access to public contracts for third country entities on reciprocity. This article explores the security dimension of this issue. After generally considering the role of sovereignty as a limit to international trade, the article specifies the security risks which may arise in a public procurement context and sets out the legal options for Member States to address those. The article then discusses how security intrinsically shapes CCP instruments and how the new regulation could indicate a shift in the EU’s role, from facilitating legal options for Member States, towards the Commission itself restricting the market access for certain third countries. Although such bans ought to be based on a lack of reciprocity rather than security, in times of weaponized dependencies the security dimension is undeniable. When considering interdependence as a stabilizing force in international relations, reciprocity itself has in fact become a security objective.EU law, Public Procurement, National Security, Critical Infrastructure, Common Commercial Policy, International Procurement Instrument, Economic Interdependence, Sovereignty, World Trade Organization, Government Procurement Agreement
欧盟公共采购法为防止在关键基础设施上依赖第三国供应商提供了不同的选择,这在地缘政治上是不可取的。然而,它们的有效性完全取决于国家当局是否愿意使用它们。因此,最近,欧盟在共同商业政策(CCP)范围内通过了《国际采购工具条例》(IPI),以互惠原则为第三国实体获得公共合同的条件。本文将探讨这个问题的安全方面。在一般性地考虑了主权作为国际贸易限制的作用之后,该条具体说明了在公共采购方面可能产生的安全风险,并列出了会员国解决这些风险的法律选择。然后,文章讨论了安全本质上如何塑造CCP工具,以及新法规如何表明欧盟角色的转变,从促进成员国的法律选择,到委员会本身限制某些第三国的市场准入。虽然这种禁令应该建立在缺乏互惠而不是安全的基础上,但在依赖武器化的时代,安全方面是不可否认的。考虑到相互依存是国际关系中的一种稳定力量,互惠本身实际上已成为一种安全目标。欧盟法、公共采购、国家安全、关键基础设施、共同商业政策、国际采购工具、经济相互依存、主权、世界贸易组织、政府采购协定
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引用次数: 0
The Foreign Subsidies Regulation: Calling Foul While Upping the Ante? 外国补贴条例:在提高补贴的同时叫嚣犯规?
Pub Date : 2023-08-01 DOI: 10.54648/eerr2023014
J. Blockx, P. Mattiolo
EU Regulation 2022/2560 on foreign subsidies distorting the internal market (the Foreign Subsidies Regulation, FSR) is a unilateral tool designed to fill a perceived regulatory gap in the existing EU and WTO rules on foreign subsidies. After a description of the new Regulation, this paper demonstrates that the FSR follows in the footsteps of a long European tradition of scepticism towards EU Member State subsidization in the internal market, but that it also arises in a context where the EU’s approach to subsidization as a tool in international trade has been more ambiguous, combining initiatives to fight government subsidies (the ‘defensive’ approach) with examples of the active use and promotion of subsidization (the ‘offensive’ approach). The paper subsequently aims to forecast how the FSR’s implementation will be affected by contextual factors, such as the perceived crisis of globalization and the crisis of the WTO, and the resurgence of industrial policy in the United States (e.g., the US Inflation Reduction Act) and in the EU itself (where various recent initiatives facilitate the granting of subsidies), as well as by factors internal to the Regulation, such as its dependence on policy choices and certain practical challenges to its application.FSR, subsidies, state aid, competition, international trade, industrial policy, WTO
欧盟关于扭曲内部市场的外国补贴的第2022/2560号条例(《外国补贴条例》)是一种单方面工具,旨在填补欧盟和世贸组织现有外国补贴规则中的监管空白。在对新法规进行描述后,本文表明,FSR沿袭了欧洲长期以来对欧盟成员国在内部市场补贴持怀疑态度的传统,但它也出现在欧盟将补贴作为国际贸易工具的做法更加模糊的背景下,将反对政府补贴的举措(“防御性”方法)与积极使用和促进补贴的例子(“进攻性”方法)相结合。随后,本文旨在预测FSR的实施将如何受到背景因素的影响,如全球化危机和世贸组织危机,以及美国(如美国《通胀削减法案》)和欧盟本身(最近的各种举措促进了补贴的发放)产业政策的复苏,以及《条例》内部的因素,如对政策选择的依赖性和对其应用的某些实际挑战。FSR、补贴、国家援助、竞争、国际贸易、产业政策、WTO
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引用次数: 0
The Legality of EU Sanctions Under International Investment Agreements 国际投资协定下欧盟制裁的合法性
Pub Date : 2023-06-01 DOI: 10.54648/eerr2023015
Javier García Olmedo
The ‘unilateral turn’ in EU trade and investment policy is also reflected in the EU’s adoption of restrictive measures or sanctions following the Russian invasion of Ukraine. EU sanctions do not only target the Russian government but also Russian individuals and companies with investments in the EU. They can also indirectly affect the economic activities of other foreign investors running businesses in the territory of Member States. This raises unexplored questions about the interaction between EU sanctions and certain disciplines of international economic law, such as international investment protection law. Member States have undertaken obligations under international investment agreements (IIAs) signed with Russia and other states in respect of investments made in their territory by Russian and non-Russian investors. This article examines whether, and if so to what extent, the EU’s unilateral turn in the form of sanctions can fall within the scope of international investment law. It shows that this policy can trigger claims against Member States under a different set of IIAs. This article also examines potential defences that Member States can invoke against investment treaty claims resulting from the implementation of sanctions.Sanctions, Russia-Ukraine conflict, international law, international investment agreements, ISDS, nationality, third-party countermeasures, essential security interests
欧盟贸易和投资政策的“单边转向”也反映在俄罗斯入侵乌克兰后欧盟采取的限制性措施或制裁上。欧盟的制裁不仅针对俄罗斯政府,还针对在欧盟有投资的俄罗斯个人和公司。它们还可以间接影响在会员国领土上经营企业的其他外国投资者的经济活动。这就提出了一些尚未探讨的问题,即欧盟制裁与国际经济法律的某些学科(如国际投资保护法)之间的相互作用。根据与俄罗斯和其他国家签署的国际投资协定,各成员国对俄罗斯和非俄罗斯投资者在其境内进行的投资承担了义务。本文探讨了欧盟单方面转向制裁是否,以及在多大程度上,可以属于国际投资法的范围。它表明,这一政策可以根据一套不同的国际投资协定触发对会员国的索赔。本文还审查了会员国对因实施制裁而产生的投资条约要求可援引的潜在抗辩。制裁、俄乌冲突、国际法、国际投资协定、ISDS、国籍、第三方对策、基本安全利益
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引用次数: 0
Super Atlanticist in the EU? Vilnius Between Washington and Brussels 欧盟的超级大西洋主义者?维尔纽斯在华盛顿和布鲁塞尔之间
Pub Date : 2023-05-01 DOI: 10.54648/eerr2023009
Andris Banka
When in the early 2000s, the European Union prepared to take in a host of Central and Eastern European countries, some policy observers were quick to assert that the newcomers, given their staunch Atlanticism, would increase the US political clout in the EU’s corridors of power. Sceptics, on the other hand, pushed back by contending that with the deepening of the EU integration process, the foreign and security policies of Central-Eastern Europe would eventually align closer with Brussels. This article, using Lithuania as a case study, seeks to reflect on how these competing hypotheses have panned out in practice. The analysis concludes that Lithuania, despite being institutionally anchored in the EU, has sought to retain its special relations with Washington, thus occasionally causing some disruption to the EU’s consensus. Stated differently, it has exhibited the behaviour of a super atlanticist.Lithuania, the United States, the EU, Alliances, Super Atlanticism
本世纪初,当欧盟(EU)准备接纳一批中东欧国家时,一些政策观察人士很快断言,鉴于这些新成员坚定的大西洋主义,它们将增强美国在欧盟权力走廊中的政治影响力。另一方面,怀疑论者反驳说,随着欧盟一体化进程的深化,中欧和东欧的外交和安全政策最终将与布鲁塞尔更加一致。本文以立陶宛为例,试图反思这些相互矛盾的假设在实践中是如何形成的。分析得出的结论是,尽管立陶宛在制度上锚定在欧盟,但它一直寻求保持与华盛顿的特殊关系,因此偶尔会对欧盟的共识造成一些破坏。换句话说,它表现出了一个超级大西洋主义者的行为。立陶宛,美国,欧盟,联盟,超级大西洋主义
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引用次数: 0
The EU at a Strategic Crossroads: A Geopolitical Player in Great Power Games? 处于战略十字路口的欧盟:大国博弈中的地缘政治参与者?
Pub Date : 2023-05-01 DOI: 10.54648/eerr2023007
Iren Marinova
The current shifts in the post-Cold War international order are bringing the attention to notions of great power competition, demonstrating once again the geopolitical significance of Europe and Asia for global politics. This article applies concepts from the classical geopolitical thinking of Halford Mackinder and Nicholas Spykman as an ‘optic tool’ for analysing current global events and for considering the European Union’s (EU’s) strategic direction in light of the interests of the United States, Russia, and China in Europe’s wider region. With the American post-Cold War global preponderance steadily waning and the rising challenges from the east in the face of Russia and China, the EU finds itself in a position that requires the redefinition of its geopolitical identity and strategic pursuit of its own interests. A look through the classical geopolitical concepts of the Heartland and the Rimland reveals that the EU is an extraordinary player in geopolitics as it has the potential to determine (1) access to the Eurasian Heartland via its influence over Eastern Europe and (2) control of the maritime Rimland by virtue of its geography, alliances, and its potential participation in Beijing’s New Silk Road initiative. These findings are discussed by considering the EU’s potential foreign policy directions vis-à-vis the US, Russia, and China.European Union, United States, Russia, China, Eurasia, Geopolitical theory, Foreign policy, Grand strategy, Strategic Autonomy
当前冷战后国际秩序的变化引起了人们对大国竞争概念的关注,再次证明了欧洲和亚洲对全球政治的地缘政治意义。本文将Halford Mackinder和Nicholas Spykman经典地缘政治思想中的概念作为分析当前全球事件的“光学工具”,并根据美国、俄罗斯和中国在欧洲更广泛地区的利益考虑欧盟(EU)的战略方向。随着冷战后美国的全球优势逐渐减弱,面对俄罗斯和中国,来自东方的挑战不断增加,欧盟发现自己处于一个需要重新定义其地缘政治身份和对自身利益的战略追求的位置。通过对“中心地带”和“边缘地带”的经典地缘政治概念的研究,我们可以发现,欧盟在地缘政治中是一个非凡的参与者,因为它有潜力决定(1)通过其对东欧的影响进入欧亚中心地带;(2)凭借其地理位置、联盟以及参与北京新丝绸之路倡议的潜力,控制海上边缘地带。通过考虑欧盟对-à-vis美国、俄罗斯和中国的潜在外交政策方向,对这些发现进行了讨论。欧盟,美国,俄罗斯,中国,欧亚大陆,地缘政治理论,外交政策,大战略,战略自治
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引用次数: 0
Do National Differences Hamper CSDP? The Pragmatism of Mission Members 国家差异阻碍CSDP吗?使团成员的实用主义
Pub Date : 2023-05-01 DOI: 10.54648/eerr2023008
Cornelius Friesendorf, P. Neubauer
European police officers’ work in the context of multinational police missions is an important component of international peace- and statebuilding. However, so far little is known about the inner life of police work in such missions. Existing research suggests that difficulties arise when police from countries with different policing models participate in the same mission. Focusing on public order policing and drawing on interviews with European police officers working in Common Security and Defence Policy (CSDP) missions of the European Union, our findings offer a more nuanced picture. Even though distinctly national styles continue to inform public order practices (trends of convergence notwithstanding), European members of multinational missions are not critical of differing approaches per se and even appreciate cross-national variation as it provides a range of options. However, their pragmatism also leads mission members to be critical towards practices they regard as not fitting local conditions in mission areas or as lacking proper planning.European Union, CSDP, police missions, transnational policing, European Foreign and Security Policy, pragmatism, public order, protest policing
欧洲警察在多国警察任务中的工作是国际和平与国家建设的重要组成部分。然而,到目前为止,人们对此类任务中警察工作的内心生活知之甚少。现有研究表明,当来自不同警务模式国家的警察参与同一任务时,会出现困难。我们的调查结果以公共秩序警务为重点,并通过对在欧盟共同安全与防务政策(CSDP)任务中工作的欧洲警察的采访,提供了一个更微妙的画面。尽管独特的国家风格继续为公共秩序实践提供信息(尽管有趋同的趋势),但多国使团的欧洲成员对不同的方法本身并不持批评态度,甚至欣赏跨国家的差异,因为它提供了一系列选择。然而,他们的实用主义也导致特派团成员对他们认为不适合任务地区当地条件或缺乏适当规划的做法持批评态度。欧盟、CSDP、警察特派团、跨国警务、欧洲外交和安全政策、实用主义、公共秩序、抗议警务
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引用次数: 0
期刊
European foreign affairs review
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