scholarly journals The EU as a global negotiator? The advancement of the EU’s role in multilateral negotiations at the UN General Assembly

2021 ◽  
pp. 004711782110456
Author(s):  
Anke Schwarzkopf
Keyword(s):  
Global Justice ◽  
Mutual Recognition ◽  
Negotiation Process ◽  
General Assembly ◽  
Regional Organization ◽  
Multilateral Negotiations ◽  
Un General Assembly ◽  
Final Agreement ◽  
Bargaining Approach ◽  
The Eu

This paper aims to account for the EU’s role in multilateral negotiations at the UNGA by looking at the negotiations on the enhanced observer status. During the negotiation process, the EU experienced significant opposition and had to accept an intermediate setback in form of a postponement of the vote. Despite this, the EU’s enhanced observer status was adopted by the UNGA in May 2011 as resolution 65/276. This research contributes to the understanding of the EU as an actor in multilateral negotiations and the interaction between state and non-state actors. I argue that the EU is in the process of establishing itself as an active and recognized actor at the UN and determining its role as a highly integrated regional organization and non-state entity in the state-centric environment of the UNGA. I analyse the negotiation process and the final agreement through the lenses of a bargaining approach and as an alternative, mutual recognition as global justice.

scholarly journals The process of dialogue between the Republic of Kosovo and the Republic of Serbia: A review from a constitutional perspective

SEER ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 67-86
Author(s):  
Florent Muçaj ◽  
Luz Balaj
Keyword(s):  
Clear Picture ◽  
General Assembly ◽  
Western Balkans ◽  
Un General Assembly ◽  
The Republic ◽  
Final Agreement ◽  
The Eu

This article aims to present a clear picture of the attempts towards the normalisation of relations in the western Balkans between the Republic of Kosovo and the Republic of Serbia via the process of the dialogue, facilitated by the UN General Assembly and mediated by the EU, which began more than eight years ago. The dialogue has produced different results for both countries so far, including various consequences and implications which have a constitutional nature. Taking this into account, this article offers an analysis of the perspective and the constitutional dimensions of the Kosovo-Serbia dialogue, drawing on the legal and factual actions that have been undertaken by the parties in the process thus far. The article analyses this dialogue and draws conclusions regarding the ending of the process and, in practice, how the final normalisation of relations should look, including the drawing up of a final agreement of reconciliation between the Republic of Kosovo and the Republic of Serbia. The constitutional consequences which can be the product of such an agreement are also examined.

scholarly journals Proposals for the Negotiation Process on the United Nations Global Compact for Migration

2017 ◽  
Vol 5 (3) ◽  
pp. 682-693 ◽  
Author(s):  
Víctor Genina
Keyword(s):  
New York ◽  
United Nations ◽  
International Migration ◽  
Negotiation Process ◽  
General Assembly ◽  
Global Compact ◽  
Member States ◽  
Un General Assembly ◽  
The United Nations ◽  
High Level

On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants (the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states' consideration during its 73rd annual session, which starts in September 2018.1 For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration2 adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: • sets forth principles that can inform the actions of governments in relation to international migration at all levels; • enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows”3; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact's follow-up and review process; • defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); • establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and • builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.4

scholarly journals Filling Global Governance Gaps in Cybersecurity: International and European Legal Perspectives

2020 ◽  
Vol 15 (2) ◽  
pp. 141-172
Author(s):  
Anne Verhelst ◽  
◽  
Jan Wouters ◽  
Keyword(s):  
International Relations ◽  
International Organizations ◽  
High Tech ◽  
General Assembly ◽  
The European Union ◽  
Leading Role ◽  
Recent Developments ◽  
Un General Assembly ◽  
The Many ◽  
The Eu

The many recent cyber incidents have shown how cybersecurity has entered the realm of international relations. Several international organizations have taken cybersecurity policy initiatives, notably the United Nations (UN) and the European Union (EU). Both organizations aspire to a leading role in enhancing cybersecurity resilience. To date, however, these initiatives have not resulted in much regulation. This article examines which factors make lawmaking and the regulation of cybersecurity difficult at the international level, and whether some of these impediments are shared at the EU legislative level. Are difficulties in regulating cybersecurity embedded in the normative processes at the UN or the EU, or are they inherent to the high-tech phenomenon of cyber? As for the UN, the article looks at the work of the UN Group of Governmental Experts (GGE). While previous reports of the UN GGE seemed to point to an emerging international opinio juris, recent developments in the UN General Assembly (UNGA) show a strongly divided international community. At the EU level, the article discusses the two main legislative initiatives on cybersecurity that have seen the light of day: the 2016 Directive on Network and Information Security and the 2019 Regulation on the EU Cybersecurity Act.

What’s in a Name? Challenges to the Creation of EU Delegations

2012 ◽  
Vol 7 (1) ◽  
pp. 51-64 ◽  
Author(s):  
Edith Drieskens
Keyword(s):  
New York ◽  
European Commission ◽  
External Action ◽  
General Assembly ◽  
First Year ◽  
The World ◽  
Un General Assembly ◽  
The Creation ◽  
The Eu

Summary One of the Lisbon Treaty’s most significant innovations was the creation of the European External Action Service (EEAS), which changed the EU’s functioning not only in Brussels, but also around the world. Zooming in on the multilateral context of the UN in New York, this article examines the new EU delegations and highlights the main challenges that are inherent in their establishment. These delegations could be engrafted upon a wide network of European Commission delegations, yet the literature gives little indication of success in integrating the functions and actors. Adding to the literature and building upon interviews with policy officials in both Brussels and New York, this article indicates an additional external challenge in implementing Lisbon’s provisions, with the context of the UN General Assembly raising more fundamental questions on status and membership — questions that have also shaped the role of the EU delegation to the UN during its first year of operation.

The Global Compact for Migration: Lessons for the Unity of EU Representation

2019 ◽  
Vol 21 (2) ◽  
pp. 194-214 ◽  
Author(s):  
Pauline Melin
Keyword(s):  
New York ◽  
Legal Framework ◽  
Negotiation Process ◽  
Soft Law ◽  
General Assembly ◽  
Global Compact ◽  
Court Of Justice ◽  
General Assembly Resolution ◽  
Un General Assembly ◽  
Institutional Aspects

Abstract In December 2018, the Global Compact for Migration was first adopted at the Marrakesh intergovernmental conference to be later endorsed as an UN General Assembly Resolution in New York. From an EU perspective, what started out as a common project to manage migration globally, not to say externally, became a fiasco for the unity of EU representation on the international scene. Unlike the negotiations of international agreements which are framed by the procedure set out in Article 218 TFEU, the negotiations of international soft law do not benefit from a clear legal framework. The Court of Justice has given some indications on the procedural and institutional aspects relevant for the negotiations of international soft law instruments in the Council v. Commission (C-660/13) case but many uncertainties remain. The purpose of this article is to draw lessons from the negotiation process of the Global Compact for the unity of EU representation.

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