Category Archives: ESIL 2016 Workshop

ESIL 2016 Workshop: Final Programme

ESIL-2016_Header

The 2016 ESIL annual conference in Riga is fast approaching. So is the workshop hosted by the interest group on “The EU as a Global Actor” (EUGlobal), which forms part of the annual conference. During the last couple of weeks all the papers for the workshop have been announced here on the blog. Most of them are even available in fulltext.

Today we bring you the final programme for the EUglobal Workshop, entitled “The Contribution of the European Union to the International Legal Order“. You can either download it as a PDF or view it directly here on the web page. The titles of each presentation/paper links to its announcement, which for most papers also includes access to fulltext PDFs.


Final Programme – EUglobal Workshop @ ESIL 2016

15:00

Welcome and Introduction to the Workshop on behalf of the IG coordinators
Ramses A. Wessel, University of Twente, The Netherlands

SESSION I: Chair Prof. Ramses A. Wessel (University of Twente, NL)

Flipping the Question: The Reception of EU Law in the International Legal Order
Ramses A. Wessel, University of Twente, The Netherlands

The Contribution of the Court of Justice of the European Union to the Development of International Law
Jed Odermatt, European University Institute

The EU and the Challenge of Informal International Law-Making: The CJEU’s Contribution to the Doctrine of International Law-Making
Eva Kassotti, The Hague University

From the Constitutional Convention to the Global Strategy on Foreign and Security Policy: Realizing Europe’s Global “Tennis Court Oath”
Joris Larik, Leiden University and The Hague Institute for Global Justice

The Obligation of EU Member States to Respect EU Law in the Exercise of Their Treaty-Making Power
Stefano Saluzzo, University of Palermo

15:30
Discussion

16:15
Coffee/tea break

16:45
SESSION II: Chair Prof. Christine Kaddous (University of Geneva)

EU Migration Law Shaping International Law in the Field of Expulsion of Aliens: the Empire Strikes Back?
Tamás Molnar, Corvinus University of Budapest/Institute of International Studies, Budapest

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?
Themistoklis Tzimas, Aristotle University of Thessaloniki

Promoting Threat: The Effect of European Union Restrictive Measures on the Development of International Law’s Enforcement, a Sociological Approach
Alexandra Hofer, Ghent University – Department of Public International Law, Ghent Rolin-Jaequemyns International Law Institute (GRILI)

EU Legal Identity, Procedural Rights and International Sanctions: Transforming The Individual Into A Subject Of Collective Security Law?
Charlotte Beaucillon, Sorbonne Law School, Paris 1 Panthéon Sorbonne University

The European Union’s Human Rights Obligations towards Distant Strangers
Aravind Ganesh, Max Planck Institute Luxembourg
for Procedural Law

17:15
Discussion

18:00
Break

18:30
SESSION III: Chair Prof. Ramses A. Wessel (University of Twente, NL)

The Europeanisation of Investment Arbitration
Blerina Xheraj, University of Geneva

The Contribution of Private Legal Initiatives in the European Union to International Law in the Area of Commercial Law
Johanna Hoekstra, University of Essex / Anglia Ruskin University

The Contribution of the EU Accession to the ECHR to Shared Responsibility in International Law
Przemyslaw Tacik, Jagiellonian University, Krakow, Poland

Between European and International Law – The Constitutional Implications of the European Union’s Contribution to the International Legal Order
Franciszek Strzyczkowski, University of Łodz

18:55
Discussion

19:30
End of the workshop

Business meeting to discuss future events of the IG:

Thursday, September 8 from 18.00 until 19.00, at the Latvian National Library ‘Diena’ Hall.


Click here to download a PDF version of the final programme.

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ESIL 2016 Workshop: Joris Larik, “From the Constitutional Convention to the Global Strategy on Foreign and Security Policy”

As mentioned earlier, EUglobal is hosting a workshop in the margins of the ESIL 2016 Conference in Riga. The papers for this workshop have been posted here on the Interest Group blog over the last few weeks.

Today we would like to showcase the presentation of Joris Larik, which is entitled “From the Constitutional Convention to the Global Strategy on Foreign and Security Policy: Realizing Europe’s Global ‘Tennis Court Oath’“. It is not a traditional paper, but rather an outline for his presentation:

Click here to download the outline.

ESIL 2016 Workshop: Blerina Xheraj, “The Europeanisation of Investment Arbitration”

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 Blerina Xheraj, and is entitled “The Europeanisation of Investment Arbitration“. Here is the abstract:

“The interrelation between EU and international investment law provoked a lot of contention during the past 10 years of international legal practice and scholarship. Many issues concerning this type of interaction remains unsettled (consider the recent announcement of the German Federal Court to refer the question to the CJEU for a preliminary ruling on intra-EU BITs). Still, the interplay between EU and investment law has effected both disciplines. This paper focuses on the role of the EU in the development of a ‘contemporary’ international investment law.

Since the EU acquired exclusive competence over FDI in December 2009, the EU became a global actor capable of reshaping the contours of international investment arbitration. As a result of the shift of competence from MS to the EU, the latter is now participating in investment treaty-making activity as the lead negotiator. The EU is also setting the new standards of the future international investment protection policy by adopting a ‘no lower protection’ policy. In addition, the EU is the dynamo of the most significant development in this area of law i.e., the creation of a two-tier international investment court. Moreover, the direct involvement of the EU in future investment dispute settlement will transform the regime of international responsibility applicable to investment dispute. It can be anticipated that under the new regime, the EU will become the finest guarantor for investment award creditors. To conclude, this paper shows the growing role of the EU in the investment arena and the overall ‘Europeanisation’ effect it will have on the practice of international investment arbitration.”

(Not available for download.)

ESIL 2016 Workshop: Stefano Saluzzo, “The obligation of EU Member States to exercise their foreign powers in conformity with EU 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 Stefano Saluzzo, and is entitled “The obligation of EU Member States to exercise their foreign powers in conformity with EU law“. Here is an excerpt:

“In order to understand the potential of EU external action on the development of international law, this paper aims at presenting and analysing a peculiar obligation of Member States, arising from the recent practice and, until know, only fragmentally addressed. It is submitted that, as happened in the past for the exercise of Member States’ internal competences, even in the field of external relations there exists an obligation for Member States to act on the international plane – that is in their relations with third States and international organisations – in conformity with EU law. This means,  of  course,  not  only  to  respect  the  division  of  competences  between  them  and  the  EU institutions, but also to avoid any international action in contrast with already adopted EU legislation and, in some cases, with internal measures still to be adopted. “

Click here to download the paper.

ESIL 2016 Workshop: Alexandra Hofer, “Promoting Threat”

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 Alexandra Hofer, and is entitled “Promoting Threat: A Sociological Approach on the Effect of European Union Restrictive Measures on the Development of International Law’s Enforcement“. Here is the abstract:

“This paper assesses how the EU’s restrictive measures, or sanctions, contribute to the enforcement of international legal norms the EU considers to be essential, such as human rights, the prohibition of aggression and other UN Charter principles.It should be noted at the outset that we will not concern ourselves with the legal characterization of the restrictive measures under international law (i.e. whether they qualify as retorsions or countermeasures) but we will focus on the effects these measures have on the development of international law’s enforcement. This study is also limited to autonomous sanctions, meaning restrictive measures that the EU has adopted independently from Security Council measures under Article 41 of the United Nations Charter. By applying the constructivist concepts of ‘intersubjective social structure’ and ‘identity’ as well as discourse analysis methods, we will demonstrate that the restrictive measures can potentially have a counterproductive effect by indirectly encouraging the responsible State to continue its wrongful act.”

Click here to download the paper.

ESIL 2016 Workshop: Johanna Hoekstra, “The Contribution of Private Legal Initiatives in the European Union to International Law in the area of Commercial 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 Johanna Hoekstra, and is entitled “The Contribution of Private Legal Initiatives in the European Union to International Law in the area of Commercial Law“. Here is an excerpt:

“This paper explores the impact of the European Union (EU) on international law from a private international commercial law perspective. This paper analyses the impact that non-state rules have on international commercial law. The focus is on non-state rules who were primarily drafted  to  be  applicable  within  the  European  context.  This  paper  discusses  whether  these instruments have any impact on international commercial law and if so what this impact is.”

Click here to download the paper.

ESIL 2016 Workshop: Eva Kassoti, “The EU and the Challenge of Informal International Law-Making”

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 Eva Kassoti, and is entitled “The EU and the Challenge of Informal International Law-Making: The CJEU’s Contribution to the Doctrine of International Law-Making“. Here is an excerpt:

“[T]he present contribution purports to examine how the CJEU has treated informal law in its practice with a view to ascertaining the Court’s contribution to the continuing development of the doctrine of international law-making. The main argument advanced here is that the CJEU has recourse to a range of tools for factoring in new social developments, while keeping clear boundaries between law and non-law. It is asserted that current theorizing on the topic should engage more strongly in this practice since it attests to international law’s ability to cope with informality.”

Click here to download the paper.

ESIL 2016 Workshop: Franciszek Strzyczkowski, “Between European and International Law – The Constitutional Implications of the European Union’s Contribution to 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 Franciszek Strzyczkowski, and is entitled “Between European and International Law – The Constitutional Implications of the European Union’s Contribution to the International Legal Order“. Here is an excerpt:

“One of the basic features of the transnational regimes are the blurred boundaries between what is constitutional and what is international. The European legal system has been built on the foundations of the international law in the way of establishment of the regional organization. […] Over the years, the European project has grown out of the original agreement entered into by the High Contracting Parties. The transformation of the international order towards a constitutional, although has not been fully achieved yet and maybe never will, had been proceeding unevenly, steered by different factors and dynamics, explained by the competing integration theories.

[…] In the three critical areas of legal regulation, i.e. economy, foreign and security policy and citizenship the Union implements similar to the federal paradigm of dynamic development, described in the nineteenth century by Alexis Tocqueville, in the context of phenomena of the United States political system, as a new type of government, situated between the state and the federation. Thus, applying traditional  tools  of  comparative research to the  European Union,  drawing analogy with sui generis American polity seems to be  justified. Not in normative sense but in political one, in the context of relations to international law, reference to the constitutional arrangements  of  the  United  States  may  improve  conducted  analyses  on  the  European integration  project.”

Click here to download the paper.

ESIL 2016 Workshop: Charlotte Beaucillon, “EU legal identity, procedural rights and international sanctions: Transforming the Individual into a Subject of Collective Security 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 Charlotte Beaucillon, and is entitled “EU legal identity, procedural rights and international sanctions: Transforming the Individual into a Subject of Collective Security Law?“. Here is the abstract:

“Analysing the influence of the European Union (EU) on the United Nations Security Council (UNSC) practice of international sanctions implies the connexion of two distinct ages on the timeline of the law of international organisations: first, the classical intergovernmental model; second, the modern integration-beyond-the-State pattern.

Far from being anecdotic, this ontological distinction between the UN and the EU constitutes the cultural background against which the interactions between both organisations will be analysed. This fundamental divide will help explaining why and how the EU, more than any other international actor, could lead to a major change into the UN culture: the emergence of the individual as a subject of collective security law.

This paper examines the extent to which the EU has been crucial in the acceptance of the individual as a bearer of international rights and capable of exercising them within the collective security regime.”

(Per the author’s request, this paper is not available in fulltext online. However, it will be circulated by e-mail among the ESIL 2016 Workshop participants.)

ESIL 2016 Workshop: Przemyslaw Tacik, “The Contribution of the EU Accession to the European Convention on Human Rights to Shared Responsibility in 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 Przemyslaw Tacik, and is entitled “The Contribution of the EU Accession to the European Convention on Human Rights  to Shared Responsibility in International Law“. Here is an excerpt:

“The relevance of the EU’s practice for principles of shared responsibility arises chiefly from the long-term interaction between the control system of the [European Convention on Human Rights] and the organisations of European integration. […] [I]t is in case of states and international organisations (among which the EU and its forerunners have always been the most important) that Strasbourg case law has been a crucial laboratory of interactions between subjects of international law in the field of responsibility.

The role of this laboratory should only increase in the future, as the European Union is on its way to become a party to the  ECHR. […] The regime of responsibility of the EU before the ECtHR – in which shared responsibility will not be an exception, but almost a rule – will constitute, in all probability, a unique legal experiment capable of significantly enriching law of international responsibility […]

The goal of this paper is to present the areas of future contribution of the EU and its member states – taking part in proceedings between the ECtHR – to the development of rules of shared responsibility in international law.”

Click here to download the paper.