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The Myth of Peace and Statehood in European Integration Theory: The Imperial Legal Order of the Rome Treaty 欧洲一体化理论中的和平与国家神话:罗马条约的帝国法律秩序
Pub Date : 2023-05-01 DOI: 10.54648/eerr2023010
E. Polonska-Kimunguyi
This article challenges the ontological assumptions of European Union (EU) theory that rest on the primacy of ‘states’. It also refutes the narrative of peace which is celebrated in scholarship and EU self-representation. It looks at early EU integration through the postcolonial lens and argues that both EU self-image and EU theory do not consider colonialism and empire and have silenced the violence committed outside Europe. Hence, they have produced a historically inaccurate and conceptually misleading account of early European integration. The post-colonial reading of the EU brings history back to the story of Europe to advance a revisionist account of theories of early European integration. The examination of arrangements laid out in Europe’s capitals – from Berlin in 1885 to Paris in 1919 to Rome in 1957 – reveals continuity of goals, motivations, and technologies of domination, rather than Europe’s ‘new beginnings’. The article demonstrates that the legal order established by the Treaty of Rome institutionalized the colonialism of EU members at the new supra-national level. It subordinated foreign people and economies to the interests of European capital, legitimized control of resources, camouflaged the old civilizing mission under a new guise of development, and reproduced and maintained the colonial racialized relationship of inequality and dependence. Ultimately, Rome infused the new European project with imperial, violent, hierarchical, and racial characteristics that remain unacknowledged by the EU theory.European integration, Imperial order, Statehood, Peace, Colonialism
这篇文章挑战了欧盟理论中基于“国家”至上的本体论假设。它还驳斥了以学术和欧盟自我代表著称的和平叙事。它从后殖民主义的角度审视了早期的欧盟一体化,并认为欧盟的自我形象和欧盟理论都没有考虑殖民主义和帝国主义,并压制了欧洲以外的暴力行为。因此,他们对早期欧洲一体化产生了历史上不准确和概念上误导性的描述。对欧盟的后殖民解读将历史带回了欧洲的故事,以推进对早期欧洲一体化理论的修正主义解释。从1885年的柏林到1919年的巴黎,再到1957年的罗马,对欧洲各国首都安排的考察揭示了统治目标、动机和技术的连续性,而不是欧洲的“新开端”。这篇文章表明,《罗马条约》建立的法律秩序在新的超国家层面上将欧盟成员国的殖民主义制度化。它使外国人民和经济服从于欧洲资本的利益,使对资源的控制合法化,以发展的新伪装掩盖旧的文明使命,并再现和维持不平等和依赖的殖民种族化关系。最终,罗马为新的欧洲项目注入了帝国主义、暴力、等级制度和种族特征,而这些特征在欧盟理论中仍未得到承认。欧洲一体化、帝国秩序、国家地位、和平、殖民主义
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引用次数: 0
Editorial: The EU’s Magnitsky Act: Obsolete in the Face of Russia’s Crimes in Ukraine? 社论:欧盟的《马格尼茨基法案》:面对俄罗斯在乌克兰的罪行,已经过时了?
Pub Date : 2023-05-01 DOI: 10.54648/eerr2023006
S. Blockmans
In response to Russia’s full-scale invasion and gross violations of human rights in Ukraine, the EU has adopted no less than ten sanctions packages in the first year alone. Yet none of the targetted persons and entities were blacklisted under the Global Human Rights Sanctions Regime (GHRSR). This relatively new thematic sanctions tool, which is also known as the ‘EU’s Magnitsky Act’, aims precisely at targeting the most serious of human rights violations and abuses worldwide, including genocide and crimes against humanity, the proof of which has —literally— been piling up in Ukraine. This raises the question whether the GHRSR is fit for purpose.EU sanctions; Russia; Ukraine; genocide; crimes against humanity; human rights
为了应对俄罗斯在乌克兰的全面入侵和严重侵犯人权行为,仅在第一年,欧盟就通过了不少于十项制裁方案。然而,没有一个目标个人和实体被列入全球人权制裁制度的黑名单。这一相对较新的主题制裁工具,也被称为“欧盟的马格尼茨基法案”,旨在针对世界范围内最严重的侵犯和践踏人权行为,包括种族灭绝和反人类罪,事实证明,这些行为在乌克兰越来越多。这就提出了GHRSR是否符合目的的问题。欧盟制裁;俄罗斯联邦乌克兰;种族灭绝危害人类罪;人权
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引用次数: 0
The EU and the Nagorno-Karabakh Conflict: The Forty-Four-Day War and Its Aftermath 欧盟与纳戈尔诺-卡拉巴赫冲突:44天战争及其后果
Pub Date : 2023-02-01 DOI: 10.54648/eerr2023004
N. Ghazaryan
The Nagorno-Karabakh conflict between Armenia and Azerbaijan has long troubled the European Union’s (EU’s) neighbourhood. As a latecomer to the region, the EU played no role in the conflict in the 1990s. The subsequent establishment of bilateral relations with Armenia and Azerbaijan, including a closer engagement through the European Neighbourhood Policy (ENP) did not herald any significant changes in this respect. The bilateral relations with both countries advanced despite the military build-up, hostile rhetoric and periodic fighting. When another war erupted in September 2020, the EU was strikingly absent from the international scene in stark contrast to its rhetoric and pledges of the last two decades. Meanwhile, the Russian-brokered ceasefire did not resolve the conflict and led to further aggression demanding a more hands-on approach by the EU. In a welcome development, the EU undertook various efforts to engage the parties in a continuous dialogue for resolving the outstanding issues. In this context, the article argues for a more enhanced role of the EU in resolving this conflict based on a principled position in line with EU values and respect for international law.Nagorno-Karabakh conflict, Armenia, Azerbaijan, EU, European Neighbourhood Policy, OSCE Minsk Group
亚美尼亚和阿塞拜疆之间的纳戈尔诺-卡拉巴赫冲突长期困扰着欧盟(EU)邻国。作为该地区的后来者,欧盟在20世纪90年代的冲突中没有发挥任何作用。随后与亚美尼亚和阿塞拜疆建立双边关系,包括通过欧洲睦邻政策进行更密切的接触,并没有预示着这方面有任何重大变化。尽管军事集结、敌对言论和定期战斗,但与两国的双边关系仍在发展。当2020年9月爆发另一场战争时,欧盟明显缺席了国际舞台,这与其过去20年的言论和承诺形成了鲜明对比。与此同时,俄罗斯斡旋的停火并没有解决冲突,并导致了进一步的侵略,要求欧盟采取更实际的做法。一个值得欢迎的事态发展是,欧盟作出了各种努力,让各方参与持续对话,以解决悬而未决的问题。在这种背景下,文章主张,基于符合欧盟价值观和尊重国际法的原则立场,欧盟在解决这场冲突方面应发挥更大的作用。纳戈尔诺-卡拉巴赫冲突、亚美尼亚、阿塞拜疆、欧盟、欧洲睦邻政策、欧安组织明斯克小组
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引用次数: 1
Quantifying Foreign Policy Europeanization: A Comprehensive Approach 量化外交政策欧洲化:一种综合方法
Pub Date : 2023-02-01 DOI: 10.54648/eerr2023005
Giacomo Borsetti
This article seeks to address the question of how membership in the European Union (EU) affects the foreign policy positions of its Member States. Most of the existing research has focused on single case studies and relied on qualitative methods, encountering difficulties in providing a systematic and consistent general picture about the causal effect of membership. Instead, this study adopts a comprehensive and quantitative approach. Drawing from constructivist theory in International Relations, it clarifies a general theoretical framework for Foreign Policy Europeanization. It then employs national speeches at the United Nations General Debate to construct two measures of similarity with the EU’s positions and norms in international affairs. Applying these to a difference-in-differences approach, it finds substantial evidence that, after several years of membership, countries gradually converge towards the positions and norms of the Union. It is argued that these overall findings are consistent with a socialization effect, but not with material cost-benefit calculations.Europeanization, Foreign Policy, European Union, United Nations General Debate, Socialization, Constructivism, Difference-in-differences, Quantitative Text Analysis
本文试图讨论欧洲联盟(欧盟)的成员资格如何影响其成员国的外交政策立场。现有的大多数研究都集中在单个案例研究上,依赖于定性方法,在提供关于成员关系因果关系的系统和一致的总体情况方面遇到了困难。相反,本研究采用了全面和定量的方法。借鉴国际关系中的建构主义理论,阐明了外交政策欧洲化的一般理论框架。然后,它利用各国在联合国一般性辩论上的发言,构建了与欧盟在国际事务中的立场和规范相似的两种衡量标准。将这些方法应用于差异中的差异方法,它发现大量证据表明,在加入欧盟几年后,各国逐渐趋同于该联盟的立场和规范。有人认为,这些总体发现与社会化效应一致,但与物质成本效益计算不一致。欧化,外交政策,欧盟,联合国一般性辩论,社会化,建构主义,差异中的差异,定量文本分析
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引用次数: 0
The EU’s Representation in International Organizations: Case C-161/20 Commission v. Council (International Maritime Organization) 欧盟在国际组织中的代表:案例C-161/20委员会诉理事会(国际海事组织)
Pub Date : 2023-02-01 DOI: 10.54648/eerr2023003
Athena Herodotou, Ioanna Hadjiyianni
This article analyses Case C-161/20 Commission v. Council (International Maritime Organization (IMO)), in which the Court of Justice of the EU upheld a Council Decision endorsing a submission to the IMO by the Presidency of the Council on behalf of the European Commission and the Member States (MSs), and not on behalf of the EU. With this case, the Court contributes to the debate on the EU’s external representation, particularly in the context of an international organization to which all the MSs, but not the EU, are parties and which regulates issues falling within EU competences. Combining an EU external relations law and a public international law perspective, this article assesses the Court’s reliance on and interpretation of international law and explores the boundaries carved by EU and international law for the participation of the EU as a separate entity in the IMO. It also seeks to discern how this case fits within the Court’s established ‘gatekeeping’ mechanisms in determining the effects of international law in the EU legal order and whether it signals an emerging, more flexible engagement with international law.International Maritime Organization, European Union, international organizations, Court of Justice of the EU, competences, international law, external representation
本文分析了C-161/20委员会诉理事会(国际海事组织)案,在该案中,欧盟法院维持了理事会的一项决定,认可理事会主席代表欧盟委员会和成员国(MSs)而不是代表欧盟向国际海事组织提交的文件。在这个案例中,法院促进了关于欧盟对外代表权的辩论,特别是在一个国际组织的背景下,所有成员国(而不是欧盟)都是该组织的缔约方,并且该组织管理属于欧盟权限范围内的问题。结合欧盟对外关系法和国际公法的视角,本文评估了法院对国际法的依赖和解释,并探讨了欧盟和国际法为欧盟作为一个独立实体参与国际海事组织所划定的界限。它还试图辨别此案如何符合法院在确定国际法在欧盟法律秩序中的影响方面建立的“守门人”机制,以及它是否标志着与国际法的新兴、更灵活的接触。国际海事组织、欧盟、国际组织、欧盟法院、管辖权、国际法、对外代表
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引用次数: 0
Editorial: Decolonizing Rather than Decentring ‘Europe’ 社论:非殖民化而非分散“欧洲”
Pub Date : 2023-02-01 DOI: 10.54648/eerr2023001
J. Orbie, Anissa Bougrea, Antonio Salvador M. Alcazar III, Szilvia Nagy, Á. Oleart, Jonalyn C. Paz, Rahel W. Sebhatu, Tiffany G. Williams, I. Wodzka
Josep Borrell’s infamous 13 October 2022 speech, where he described the European Union (EU) in terms of a ‘garden’ versus the ‘jungle’ outside, has received an unprecedented amount of scrutiny. Yet the metaphor used by the HighRepresentative of the EU for Foreign Affairs and Security Policy and European Commission Vice-President in charge of ‘a stronger Europe in the world’was not new, nor was its underlying logic a surprise. Various analysts have pointed out the colonial tropes in European policymakers’ discourses over the past decades. In an influential essay that came out in 2000, Sir Robert Cooper, who would later also become an advisor to the Council of the EU, the European External Action Service, and the European Commission, pitched the ‘postmodern’ EU where the rule of law is reigning versus ‘premodern’ states where the ‘law of the jungle’ prevails. This illustrates how mainstream EU political discourse has been, and remains, highly colonial in the way in which relations between the EU and its presumed ‘others’ in world politics are conceived. More notable is the intensity of the debate and condemnation that Borrell’s speech has generated within policy and scholarly circles. This reflects a growing realization that the EU should be more modest about its so-called civilizational achievements and acknowledge the long and dark shadow of its colonial past. Against the background of clear challenges to (western) European dominance in the world system, critical observers are ardently questioning Europe’s alleged moral and sociopolitical superiority. Issues of racism within Europe have been increasingly discussed in the wake of ‘Black Lives Matter’ protests. Recent research has revealed
Josep Borrell在2022年10月13日发表的臭名昭著的演讲中,将欧盟(EU)描述为“花园”与“丛林”,这一演讲受到了前所未有的审视。然而,欧盟外交和安全政策高级代表兼欧盟委员会负责“世界上更强大的欧洲”的副主席所使用的比喻并不新鲜,其潜在的逻辑也并不令人惊讶。许多分析人士指出,在过去几十年里,欧洲政策制定者的话语中充斥着殖民主义色彩。在2000年发表的一篇有影响力的文章中,后来成为欧盟理事会、欧洲对外行动署和欧盟委员会顾问的罗伯特·库珀爵士,将法治主导的“后现代”欧盟与“弱肉强食”盛行的“前现代”欧盟进行了对比。这说明了欧盟主流政治话语是如何在欧盟和世界政治中假定的“其他国家”之间的关系中,以一种高度殖民的方式被构想出来的。更值得注意的是,博雷尔的演讲在政策和学术圈内引发了激烈的辩论和谴责。这反映出人们越来越意识到,欧盟应该对其所谓的文明成就更加谦虚,并承认其殖民历史的漫长而黑暗的阴影。在(西方)欧洲在世界体系中的主导地位明显受到挑战的背景下,批评人士正强烈质疑欧洲所谓的道德和社会政治优势。在“黑人的命也是命”抗议活动之后,欧洲内部的种族主义问题得到了越来越多的讨论。最近的研究表明
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引用次数: 3
EU Restrictive Measures and Third Countries’ Evidence 欧盟限制措施与第三国证据
Pub Date : 2023-02-01 DOI: 10.54648/eerr2023002
Celia Challet, Dorin-Ciprian Grumaz
EU restrictive measures, often referred to as ‘sanctions’, have become an increasingly used instrument of EU autonomous foreign policy. For some restrictive measures, however, the EU cannot act alone. In order to adopt them, the Council must rely on information transmitted by third states’ authorities and decisions taken by them at domestic level. This has been the case, in particular, of EU restrictive measures adopted in connection with misappropriations of state funds. The Council’s use of such evidence has been somewhat controversial and has led to numerous legal debates before the Court of Justice of the European Union (CJEU). To what extent was the Council free to rely on the evidence provided by these third states’ authorities? How to ensure that the fundamental rights of the targeted persons and entities were complied with in the process? Faced with these questions in its particularly abundant case law, the CJEU has progressively raised the threshold of validity for these sanctions. It has done so up to a point at which, in the authors’ opinion, the sanctions can no longer reach such threshold in practice. This article addresses the evolutions and implications of the CJEU case law on a legal aspect that is of crucial importance for the EU’s sanctions practice.Restrictive measures – Third States evidence – Misappropriations of State funds – Terrorism – Judicial review – Fundamental Rights – Ukraine – Tunisia – Egypt
欧盟的限制性措施,通常被称为“制裁”,已成为欧盟自主外交政策中越来越常用的工具。然而,对于某些限制性措施,欧盟无法单独行动。为了通过它们,安理会必须依靠第三国当局提供的信息和它们在国内一级作出的决定。特别是欧盟对挪用国家资金采取的限制性措施就是这种情况。理事会对这种证据的使用多少引起了争议,并在欧洲联盟法院(欧洲法院)引起了多次法律辩论。安理会在多大程度上可以自由地依赖这些第三国当局提供的证据?如何确保目标个人和实体的基本权利在此过程中得到遵守?在其特别丰富的判例法中,面对这些问题,欧洲法院逐步提高了这些制裁的有效性门槛。它已经这样做了,在作者看来,制裁在实践中已不能再达到这一限度。本文论述了欧洲法院判例法在一个对欧盟制裁实践至关重要的法律方面的演变和影响。限制性措施-第三国证据-挪用国家资金-恐怖主义-司法审查-基本权利-乌克兰-突尼斯-埃及
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引用次数: 0
Lessons from EU Space Programmes for Collective Defence 欧盟集体防御空间计划的经验教训
Pub Date : 2022-10-01 DOI: 10.54648/eerr2022030
Ediz Topcuoğlu, S. Bora
The European Defence Fund (EDF) has been interpreted by a number of scholars as a step beyond intergovernmental cooperation and towards the introduction of supranationalism in defence policy. We suggest that past developments in space policy can be a guide for developments in the defence area given the functional dependencies between the two fields and their institutional similarities. Based on this, we believe that the Commission will be unable to convert its new authority over the EDF into actual influence over use of force. On the contrary, the EDF may signal that European defence industrial policy is increasingly motivated by civilian and predominantly commercial considerations, dissociated from the operational objectives of national defence policies. Like the EDF, the European Union’s (EU’s) space programmes involve the supranational financing of militarily relevant capabilities. We argue that Member States have accepted supranationalism in space policy insofar as the Commission was able to civilianize matters of industrial governance and keep them separate from the conduct of military operations. We show that the EU implemented civilian programmes in areas that were otherwise driven by national militaries. In instances where civilianization was impossible, Member States’ security interests are preserved through intergovernmental modes of decision-making, even within purportedly ‘community’-driven processes. Member States have also retained significant control over future developments by exploiting a web of overlapping institutions and hazy task allocation.spillover, neofunctionalism, space policy, European Defence Fund, defence industry, industrial policy
许多学者将欧洲国防基金解释为超越政府间合作,在国防政策中引入超民族主义的一步。我们认为,鉴于这两个领域之间的功能依赖性及其体制相似性,过去空间政策的发展可以作为国防领域发展的指南。基于此,我们认为,委员会将无法将其对EDF的新权力转化为对使用武力的实际影响力。相反,EDF可能表明,欧洲国防工业政策越来越受到民用和主要商业考虑的推动,与国防政策的作战目标无关。与EDF一样,欧盟(EU)的太空计划也涉及对军事相关能力的超国家融资。我们认为,只要委员会能够将工业治理问题文明化,并将其与军事行动分开,会员国就已经接受了空间政策中的超民族主义。我们表明,欧盟在原本由国家军队推动的领域实施了民事方案。在不可能实现文明化的情况下,会员国的安全利益通过政府间决策模式得到维护,甚至在所谓的“社区”驱动的过程中也是如此。成员国还通过利用重叠的机构和模糊的任务分配网络,对未来的发展保持了重大控制。溢出效应、新功能主义、空间政策、欧洲国防基金、国防工业、工业政策
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引用次数: 0
Beyond Burdensharing and European Strategic Autonomy: Rebuilding Transatlantic Security After the Ukraine War 超越责任分担与欧洲战略自治:乌克兰战争后重建跨大西洋安全
Pub Date : 2022-10-01 DOI: 10.54648/eerr2022028
K. Engelbrekt
The war in Ukraine unleashed in early 2022 may temporarily obscure the long-term trend that the United States is shrinking its military footprint in and around Europe, as the defence posture of the North Atlantic Treaty Organisation (NATO) in Central Europe suddenly was bolstered by tens of thousands of additionalUS troops. For as long as the war drags on, certainly, these reinforcements will stay in place. But if, and when, the war ends or shifts to attrition warfare stretching out for years, as was the case after the 2014 annexation of the Crimea, one can easily envisage changes in how European governments manage security and defence issues among themselves and in relation to their North American counterparts.While the debate on transatlantic security so far has played out in two distinct modes, either focusing on the economic side of burdensharing or projecting a vision of European strategic autonomy, there is a need for a more sober understanding of the future division of labour, one that would be grounded in the right blend of economics and deterrence. The main suggestion of this article is that stakeholders on both sides of the Atlantic Ocean ‘split the difference’ and strike a new grand bargain on the basis of their respective strengths.Once key issues of financial equity and military deterrence have been adequately addressed, European governments will still have their work cut out for themselves. They must elaborate solutions to specific challenges at the sub-strategic theatre level and at the same time navigate the complexities of optimizing defence reforms, aligning regional force designs and rendering foreign policy compatible with the strategic priorities of the European Union (EU) and Europe at large.Transatlantic relations, foreign and security policy, burdensharing, strategic autonomy, financial equity, deterrence, nuclear weapons
2022年初爆发的乌克兰战争可能暂时掩盖了美国在欧洲及其周边地区缩减军事足迹的长期趋势,因为北大西洋公约组织(NATO)在中欧的防御态势突然得到了数万名额外美军的支持。当然,只要战争继续下去,这些增援部队就会留在原地。但是,如果战争结束,或者像2014年俄罗斯吞并克里米亚后那样,变成持续数年的消耗战,人们很容易想象,欧洲各国政府之间以及与北美各国政府之间处理安全和防务问题的方式会发生变化。尽管迄今有关跨大西洋安全的辩论以两种截然不同的模式展开,一种侧重于负担分担的经济方面,另一种侧重于欧洲战略自主的愿景,但我们有必要对未来的分工有更清醒的认识,这种认识将以经济与威慑的正确结合为基础。本文的主要建议是,大西洋两岸的利益相关者可以“折中”,在各自优势的基础上达成新的大交易。一旦金融公平和军事威慑的关键问题得到充分解决,欧洲各国政府仍将有自己的工作要做。他们必须精心制定解决方案,以应对次战略战区层面的具体挑战,同时应对优化国防改革、调整地区部队设计和使外交政策与欧盟和整个欧洲的战略优先事项相适应的复杂性。跨大西洋关系、外交和安全政策、责任分担、战略自主、财政公平、威慑、核武器
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引用次数: 0
Article: EU-Israel Relations: Netanyahu’s Legacy 文章:欧盟与以色列关系:内塔尼亚胡的遗产
Pub Date : 2022-10-01 DOI: 10.54648/eerr2022034
G. Harpaz
It is common to criticize the State of Israel for its lack of strategy. This is true with respect to its foreign relations, and with specific reference to her relations with the EU. This criticism was reinforced during the five terms of Benjamin Netanyahu’s premiership (1996–1999 and 2009–2021). Commentators expressed strong criticism of his leadership, blaming him for shaping and implementing Israel’s foreign relations in a non-strategic, incoherent, and inconsistent manner. This article provides an alternative perspective, arguing that during his five terms Netanyahu and his governments adopted and pursued a calculated and coherent policy towards the EU, which was aimed at mitigating EU intervention in the Israeli-Palestinian conflict and at dismissing any manifestation of EU political criticism towards Israel. The article analyses his policy towards the EU and the main instruments adopted in order to promote it, through the prism of scholarship pertaining to speech-acts and Euroscepticism.Foreign relations, Speech-acts, Euroscepticism, EU-Israel relations, Benjamin Netanyahu
批评以色列国缺乏战略是很常见的。就其对外关系而言,尤其是与欧盟的关系而言,确实如此。这种批评在本雅明·内塔尼亚胡的五届总理任期内(1996-1999年和2009-2021年)得到加强。评论家们强烈批评他的领导能力,指责他以一种非战略性、不连贯和不一致的方式塑造和实施以色列的外交关系。本文提供了另一种观点,认为在内塔尼亚胡的五届任期内,他和他的政府对欧盟采取并奉行了一种经过深思熟虑的连贯政策,旨在减轻欧盟对巴以冲突的干预,并消除欧盟对以色列的任何政治批评。本文通过与言论行为和欧洲怀疑主义有关的学术棱镜,分析了他对欧盟的政策以及为促进这一政策而采取的主要手段。外交关系,言论-行为,欧洲怀疑主义,欧盟-以色列关系,本杰明·内塔尼亚胡
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引用次数: 1
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European foreign affairs review
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