scholarly journals The Case of the European Union Partnership and Cooperation Agreement Negotiations with Thailand

Author(s):  
Naila Maier-Knapp

This article examines the European Union’s (EU) current negotiations of the Partnership and Cooperation Agreement (PCA) with Thailand. It asks why the EU has entered into the negotiation process with this remote developing economy and provides theoretical explanations for the EU’s motivations. It will give an overview of the process and discuss the issues that have emerged in the course of the negotiations and are currently pending. The article will assess the pre-negotiation phase and the obstacles during the negotiation phase that have delayed the conclusion of the process. The findings will allude to historical institutionalism and a self-devised content-context approach synthesised with William I. Zartman’s insights on negotiation theory. The article argues that despite the importance of the economic dimension of the negotiations and the general prevalence of international political economy in explaining the EU’s relations with Asia, this case reveals a complexity of variables that contest a purely economic lens and allow a theoretically eclectic and reflectivist understanding of the impediments, stimuli and of the process itself.

2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.


2000 ◽  
Vol 42 (2) ◽  
pp. 35-62 ◽  
Author(s):  
José Antonio Sanahuja

Mexico and the European Union signed a new Political and Economic Association Agreement in December 1997 and ultimately a free-trade agreement in March 2000, aiming to establish a new model of relations with a more dynamic trade and investment component. This article analyzes the 1997 agreement as background to the final accord. Economic and political changes in the 1990s modified both parties’ participation in the international political economy, helping to overcome some of the structural obstacles to the relationship. The policy toward Latin America adopted by the EU in 1994 was influential. The negotiation process revealed divergences over the scope of the liberalization process and the so-called democracy clause.


2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.


Author(s):  
Serhii Horopakha

On 1st July 2013, the Republic of Croatia officially became the 28th member of the European Union. This event marked the fulfillment of a foreign policy goal, along with joining NATO in 2009, as a major step forward in the country’s long-term consolidation process. The article therefore analyzes the key events of the Croatia – EU relations in 2007-2008, which moved this Balkan country closer to implementing its Euro-integration course. Particular attention is paid to the peculiarities of the pre-accession negotiations with the European Union, as well as to internal and foreign policy factors that had a direct impact on the Euro-integration dialogue between Croatia and the European Union. In this context, emphasis is placed on problem issues that slowed down the dynamics of the negotiation process to a certain extent, in particular the unilateral application by Croatia of the Ecological and Fisheries Protection Zone, and measures taken by the Croatian authorities to settle them. Significant achievements of Croatia in the negotiation process with the European Union are highlighted, in particular, progress of the country in meeting the European Union criteria as well as a date determination the of pre-accession negotiations completion as an important political sign of the European Union readiness to accept a new member in future.


2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.


AGROFOR ◽  
2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Vesna Mrdalj ◽  
Gordana Rokvić ◽  
Petra Nikić Nauth

One of the most challenging issues for the countries that are in the process ofaccession to the European Union is the reform of agriculture, precisely agriculturalpolicy and its compliance with the Common Agricultural Policy of the EuropeanUnion (CAP). The strategic orientation of the Republic of Srpska and Bosnia andHerzegovina is a full EU member status, which is defined with signatory to theStabilization and Accession Agreement in 2008 and confirmed with Applicationfor membership in the European Union, submitted in February 2016. Consideringthe upcoming accession negotiation process, the reformation of agricultural sectoris necessary in all areas of development: production, policy and legal frameworkand institutional development. Until 2015 Republic Srpska made and adopted twokey strategic documents that determine the directions, objectives and measures fordeveloping of agriculture and rural areas. Recently the Republic of Srpska adopteda new strategic plan for the development of agriculture and rural areas for theperiod 2016- 2020. Considering that agriculture budget represents a first indicatorof the countries sector priorities, objective of this paper is to provide analysis ofagricultural policy through the agricultural budget of the Republic of Srpska and itscompliance with Common Agricultural Policy of the EU. Comparative analysis isrelated to the period 2006 – 2014 using EU methodology for the classification ofagricultural measures (pillars and axis). Research results show that the structure ofmeasures and scope of budgetary support, defined within agricultural policy of theRepublic of Srpska is not compatible with Common Agricultural Policy of the EU.


It is important for Bosnia and Herzegovina, but also for the European Union, that the negotiation process begins as soon as possible. Real changes in the legal, administrative and political sense commence only with fulfilment of benchmarks for opening and closing of chapters. The negotiation process is also important for learning and progressing in the understanding of European policies which help to strengthen state institutions, democracy and openness to grow and result with stronger economic growth due to an increased level of trust and safety. It is important for the European Union that the country at the very heart of Europe, which belongs to Europe not only geographically, but also historicallyand in terms of tradition and culture becomes a part of it as soon as possible and also in terms of the standards it applies. In this paper we give an overview of recommendations that the European Commission has provided to Bosnia and Herzegovina since 2002, and it is precisely from the recommendations which are being repeated each year that the most important challenges which Bosnia and Herzegovina needs to solve are still visible. Rule of law, respecting human rights and rights of minorities, as well as the constitutionality of the three nations, in addition to a fast and efficient judicial system and the public sector as a whole are the key elements for fulfilling political, legal and administrative criteria. In terms of GDP per capita in PPS, B&H has been converging during the last ten years, however with a very slow tempo. Thereby in 2005 GDP per capita in PPS amounted to 24 % in relation to EU28, whereas during the last four years it amounted to 29%. At the moment B&H is significantly lagging behind even the least developed Member States and convergence towards the EU average is necessary because on the current level B&H could not equally participate in the EU Single Market, and accession would create more obstacles than advantages. The EU is expected to take a more active approach in solving the challenges of economic convergence of B&H, therefore in this paper is provided and overview of the priorities of the new EU Enlargement Strategy in which support to socioeconomic development is pointed out as one of the initiatives.


2021 ◽  
Vol 102 (2) ◽  
pp. 5-16
Author(s):  
Lyudmila Babynina ◽  

The United Kingdom left the European Union on January 31, 2020. On December 31, 2020, the transition period ended, during which all EU rules and regulations applied to Britain. The trade agreement was reached in record time, but it is too early to talk about long-term mutual benefits. The British case in the system of trade and economic agreements of the European Union is unique. On the one hand, at the time of the negotiations, the UK retained EU law, was a member of the EU Single Internal Market and Customs Union, subject to the jurisdiction of the EU Court of Justice. On the other hand, the EU for the first time found itself in a situation when a third country was determined to distance itself as much as possible from EU rules while concluding a trade agreement, despite the obvious economic losses. At the same time, both sides understood that the absence of an agreement threatened all interested actors with serious losses, and that it must be concluded. As a result, the compromise text of the TCA reflects the fundamentally different approaches of the parties to bilateral cooperation, and its provisions suggest a change of its format in the future.


2021 ◽  
Vol 103 (3) ◽  
pp. 106-116
Author(s):  
Nina Shevchuk ◽  

The theme of the article is the EU participation in the transnistrian settlement with an emphasis on its observer status in the 5+2 format. It covers the period from the beginning of the negotiation process in 1994 until the EU gained observer status in 2005. Based on historical material, the author shows how the EU was gradually involved in the Transnistrian settlement process and how European mediation evolved, using political and economic tools more actively than the methods of traditional diplomacy. The author identified factors that affect the EU's interaction with the parties to the conflict and including – Russia. At the same time, the author focused on the tools used by the European Union in the conflict region even before its official involvement in the negotiations, including the introduction of sanctions against the leadership of Transnistria. The article also explores the essence of the institution of observer on the example of the EU participation in the negotiations in the "5+2" format. It is shown that the external participants in the negotiations on the Transnistrian settlement are equal, despite the difference in their official status. The Europeanization of the Transnistrian settlement failed to energies the negotiation process and increase its productivity, but it allowed the European Union to test new mediation tools, optimize approaches to the settlement of a modern international conflict, and strengthen its position in the conflict region, which remains a zone of geopolitical competition between Russia and the West.


2018 ◽  
Vol 26 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Anna Casaglia

This article analyses the impact of Cyprus’s accession to the European Union (EU) on the northern part of the island, and tackles the political actorness of the EU with regard to the enduring Cypriot conflict. Much literature has critically analysed the EU enlargement process, underlining its imperialistic features and its problematic nature. At the same time, scholars have highlighted the EU’s difficulties in acting as a political actor and its impact on situations of ethno-national conflict. This article brings together these critical aspects by analysing them in the peculiar context of Cyprus. It retraces the negotiation process and the Turkish Cypriots’ in/visibility throughout it, and presents research conducted following Cyprus’s accession in three different periods between 2008 and 2015. We propose an interpretation of Northern Cyprus as an ‘inner neighbour’ of the EU, because of its anomalous and liminal status, the suspended application of the acquis communautaire, the unresolved conflict and the ambiguity of the border management of the Green Line, the line of partition between north and south. All these problematic features of Northern Cyprus’s situation are examined in detail to identify the unique position of this entity within the EU. In addition to this, and supporting the importance of a bottom-up understanding of the EU’s normative and symbolic projection, the article presents the opinions of Turkish Cypriot citizens about their expectations before and after 2004, and how their ideas and imaginaries related to the EU have evolved and interacted with the process of Europeanisation.


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