Monthly Archives: August 2016

ESIL 2016 Workshop: Ielyzaveta Lvova, “The Concept of Global Constitutionalism as a Road to Freedom for Local Democracies in Transition Times”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog. Today’s paper is written by Ielyzaveta Lvova, and is entitled “The Concept of Global Constitutionalism as a Road to Freedom for Local Democracies in Transition Times“. Here is the abstract:

While international legal scholars support and protect democratic values, the structure of international relations changed, losing its permanent and stable features. Terrorist attacks and armed campaigns, flagrant violations of human rights have brought about an angst-inducing transformation of the global security architecture, welfare and peaceful communication. At the same time, globalization yields a limited interdependence of states and the fragility of the international world order. This article provides a general overview of the state of global constitutionalism and its jurisgenerative spirit for local democracies. Global constitutionalism is perceived as an ideology and exceptional interdisciplinary experimental approach that is rooted in legal reality. It aims to solve contemporary global political problems with the help of constitutional principles (rule of law, democracy, protection of human rights, separation of powers, etc.). The research is focused on studying the topic of global constitutionalism at its current level of development. The theoretical model of global constitutionalism includes modern progressive thinking and tends to present an experimental attitude to international constitutional law, enhancing democratic legitimacy and promoting peaceful dialogue.

Click here to download the paper.

ESIL 2016 Workshop: Themis Tzimas, “The EU-Turkey Agreement about Refugees and its Impact on the Implementation of International Law”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog. Today’s paper is written by Themis Tzimas, and is entitled “The EU-Turkey agreement about refugees and its impact on the implementation of international law: turning a blind eye to international legal norms in the name of securitization?“. Here is an excerpt:

The current paper focuses on how the EU interprets and implements international law – as well as parenthetically its own law – concerning the current refugee crisis and how this specific EU attitude influences international law […] The main argument of the paper is that the EU, because of a state-centered security approach tο the issue, interprets and implements international law concerning refugees – mainly the Geneva convention – in ways which either directly breach the principles of international law on the matter or at least, even when not contradicting directly international law, necessitate or lead to practices – mainly on behalf of the first entrance states – which deteriorate the living conditions of refugees and the fulfillment of their rights under international law. The relative detachment of the EU from international law concerning refugees could possibly and because of the role of the EU lead to similar interpretations of international law.

Click here to download the paper.

ESIL 2016 Workshop: Jed Odermatt, “The Contribution of the Court of Justice of the European Union to the Development of International Law”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog. Today’s paper is written by Jed Odermatt, and is entitled “The Contribution of the Court of Justice of the European Union to the Development of International Law “. Here is an excerpt:

Studies have been made of the contribution of other courts, such as the International Court of Justice, or the European Court of Human Rights, to the development of international law. This contribution discusses the contribution of the CJEU. […] it seeks to illustrate, using examples from its jurisprudence, the variety of ways that international law questions come before the Court and how the Court approaches international law issues that have come before it. It goes further than the one-dimensional narrative of the Court’s ‘openness’ or ‘friendlisnes’ to international law, and discussing the multiple ways in which the CJEU acts as an international court, applying and interpreting public international law when resolving disputes before it.

Click here to download the paper.

ESIL 2016 Workshop: Ramses A. Wessel, “Flipping the Question: The Reception of EU law in the International Legal Order”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog. Today’s paper is written by Ramses A. Wessel, and is entitled “Flipping the Question: The Reception of EU law in the International Legal Order“. Here is an excerpt:

[T]he coming of age of the EU as a global actor may slowly turn the EU from a recipient into a contributor to the further development of international law. […] Thus, the question addressed in this paper is not how international law is received by the EU, but how EU law is (or could be) received by the international legal order. In other words: to what extent can EU law form a source of international law? In that sense this article aims to contribute to an essential element of the theme of this Special Issue, namely the ‘formative influence’ of the European Union on public international law. This question has hardly been addressed in literature, which indeed largely deals with the question to which extent international law can be a source of EU law.

Click here to download the paper.

The EU’s New Global Strategy: Its Relevance in a Troubled International Environment

Photo-new-EU-global-strategy-720x588On 30 September 2016, The Hague Institute and the Representation of the European Commission and the European Parliament Information Office in the Netherlands will jointly host a public panel on the EU’s new Global Strategy for Foreign and Security Policy entitled Shared Vision, Common Action: A Stronger Europe.

A full list of speakers is not yet available, but the idea is as follows:

This public panel takes a number of perspectives to focus on the relevance of the new Global Strategy in the current geopolitical context. This includes the various challenges the EU and its member states currently face, including, but not limited to, the ones mentioned. A mix of practitioners, politicians and scholars will take the stage to share their opinions.

For more information and to RSVP, see the Hague Institute for Global Justice’s page for the event.

ESIL 2016 Workshop: Tamás Molnár, “EU Migration Law Shaping International Migration Law in the Field of Expulsion of Aliens”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog. Today’s paper is written by Tamás Molnár, and is entitled “EU Migration Law Shaping International Migration Law in the Field of Expulsion of  Aliens: The Empire Strikes Back?“. Here is an excerpt:

As a result of the so-called “multi-level” or “multi-layered governance” (hereinafter: MLG), international migration law divides into global norms and fragmented features, including regional regulatory frames. This paper fits into the exploratory dimension of MLG which aims at examining how to construct coherence for international migration law. It deals with the interactions of functionally differentiated normative layers, the supranational level (European Union law) and the universal level (especially law-making within the United Nations) in a specific field of law, namely the expulsion of aliens.

Click here to download the paper.

Update 25 August 2016: A revised version of the paper has been uploaded.

ESIL 2016 Workshop: Aravind Ganesh, “The EU’s Human Rights Obligations Towards Distant Strangers”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop are posted here on the Interest Group blog, and first out is Aravind Ganesh with a paper entitled “The EU’s Human Rights Obligations Towards Distant Strangers“. Here is the abstract:

The EU has perfect human rights obligations towards distant strangers. My argument has two limbs: Firstly, in numerous policy areas, the EU asserts jurisdiction via ‘territorial extension’, which combines territorially limited enforcement jurisdiction with a claim of geographically unbounded prescriptive jurisdiction. Doctrinally, this strongly resembles the Lotus principle, and viewed analytically, amounts to a claim not just of power but of political authority. Thus, the EU creates not just factual effects, but legal effects abroad. Secondly, assertions of political authority, even if only de facto, give rise to perfect human rights obligations. I illustrate this by reference to the Strasbourg Court’s case-law, which demonstrates that the creation of legal effects extraterritorially suffices to give rise to extraterritorial human rights jurisdiction, and therefore obligations. I therefore reject accounts of human rights jurisdiction premised upon ‘capability’, ‘control’, or other aspects of mere power.

Click here to download the paper.

ESIL 2016 Workshop: The Contribution of the EU to the International Legal Order

The ESIL Interest Group The European Union as a Global Actor is hosting a workshop during this year’s ESIL Conference in Riga. The title of the workshop is: ‘The Contribution of the European Union to the International Legal Order‘/ ‘La contribution de l’Union européenne à l’ordre juridique international‘. It will take place on 7 September 2016, from 15:00 to 19:00, at the Constitional Court (Jura Alunāna street 1, Riga).

The key question leading the workshop is to which extent the European Union is able to have an effect on the development of international law, both in a doctrinal and a practical manner.

Programme: click here to download.

Papers: will be made available on the EUglobal website in the coming days – follow/subscribe to the blog to keep up to date.

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PS: An additional (business) meeting of the Interest Group is planned on Thursday 8 September from 18.00 to 19.00. Please feel free to join in to discuss future plans of the Interest Group.