Recent Publications

Günes Ünüvar

Abstract

Following the inclusion of the Common Commercial Policy in the exclusive competences of the European Union, a handful of policy adjustments have occurred. Among these adjustments, investment protection has been a remarkable one - given its new, exclusive framework and an already established, state-level practice. As the new policy stands, Bilateral Investment Treaties, which had been negotiated and executed by the EU Member States in the pre-Lisbon period, can now only be negotiated and executed by the EU. These prospective ‘EU BITs’, inter alia, aim for an even stronger mechanism for the protection of investors both in the EU and in third states. A strong protection mechanism inevitably calls for a strong Dispute Settlement Mechanism, and the establishment of a DSM may prove to be challenging. The EU currently faces several questions on its path to a tangible and reliable ‘EU BIT’, and arguably the most outstanding one is the question of the DSMs to be incorporated in these new agreements. What are the alternatives of a DSM for these new BITs? Which alternatives are currently utilizable and which ones are not? What are the current problems that the EU face, and how can those problems be tackled? Is the International Centre for Settlement of Investment Disputes an alternative, and if not, why? Following a thorough overview, this paper aims to analyse the DSM alternatives for the EU to be used in the new EU BITs and ultimately provide a solid DSM proposal.

About the author

Günes Ünüvar holds an LL.M. degree in International and European Law from Vrije Universiteit Brussel, Belgium and an LL.B. degree in Law from Bilkent University, Turkey. He currently serves as a researcher at TÜSIAD (Turkish Association of Business and Industry) EU Representative Office. He is also an attorney-at-law, admitted to the Ankara Bar Association in Turkey. His research interests include international investment law, international arbitration, WTO, trade law, environmental law and energy law.


 

November 2012
newsletter



 

The transformation of Germany’s energy sector will further exacerbate current network fluctuations and intensify the need for modifications in Europe’s power system. Cross-border power transfers will have to increase in order to overcome national limitations for absorbing large volumes of intermittent renewables like wind and solar power. In order to establish such an infrastructure on a European scale, the energy transition needs to be guided by an economic approach designed to prevent further fractures in the Internal Electricity Market. Moreover, constructive negotiations with neighbouring countries on market designs and price signals will be important preconditions for a successful energy transition in Europe.

You can also read this Policy Brief online.

EU Special Representatives have been deployed since 1996 in order to contribute to the EU’s crisis management efforts in various crisis regions. As they are not part of the formal hierarchy of the European External Action Service and thus a rather flexible foreign policy instrument at the disposal of the Member States, new special representatives have been appointed in 2011 and 2012. This Policy Brief argues that the representatives’ autonomy must not necessarily lead to ‘clashes of competence’ with the EU’s diplomatic service.

Susan E. Penksa
Roy H. Ginsberg

Does the EU matter in international security? How can the deployment of EU crisis management operations to different regions of the world be explained? What have been their effects on the EU and its member states, on host states and societies, and on other international security providers? The authors identify and explain the drivers of and brakes to EU foreign security action and offer methods of assessment to ascertain influence. On the basis of a comprehensive analysis of EU security operations utilizing extensive primary resources and fieldwork, the authors conclude that the union has become a niche international security provider. However, the Common Security and Defense Policy, like other policy sectors of the EU, will remain a work-in-progress, partly finished, partly effective, and yet of interest to a world that has always expected more of the union than it has been willing to give.

With a foreword by Javier Solana

It is clear that any action to combat climate change must involve extensive efforts in reducing the greenhouse gas (GHG) emissions from the energy sector. In the EU, nearly 80% of total GHG emissions come from the energy sector (European Commission, 2011, p. 21). Any credible action within the EU on combating climate change therefore requires deep shifts in the way we produce and use our energy. This paper highlights that renewable energy policies to 2020 are insufficient to meet the EU’s long-term climate policy objectives of reducing GHG emissions by between 80 and 95% by 2050, and thereby aiming to avoid an increase in global temperatures of more than 2°C. Such an ambition would likely require a very high share of renewable energy (in the range of 80 to 100%) in the overall energy mix of the EU, given current uncertainties about the feasibility of potential technological developments (e.g. carbon capture and storage technology).

March 2012
newsletter

Successful PhD for Dr. Sigrid Winkler - Joachim Koops and Peace Building - Eva Gross on Afghanistan - Luis Simon on India - Cluster report on UACES conference - ABS Governance Conference in Norway - IES Lecture Series: Making Malmö Real: EGovernment In The EU - ECPR Conference in Reykjavik - 8th Summer School on the European Decision Making Process - EDU Team launches Wednesday Webinars - Cem Tintin on the move

Dr. Stephen Kingah
Access to Medicines and Vaccines in the South

Ies Book Series: nr. 20

[more info]

How can developing countries maximize some of the beneficial rules and policies provided to them by the EU and international organizations to reduce public health plight in terms of inadequate access to medicines and vaccines? By navigating some of the complex European and international rules and policies that have hitherto been put in place to ease access to affordable healthcare, the author identifies ways in which policy makers and legislators can optimally use extant rules to enhance healthcare provision.

Access to affordable healthcare is a matter that is undergirded by many policy fields. These include intellectual property, research, migration and infrastructure. It equally encompasses a genuine sense of awareness that available healthcare is the decent minimum from which people should not be deprived. This is more so because there are rules and policies which countries of the South can avail themselves of to improve access for their populations.

This book uses the idea of coherence to indicate how policies and rules at the European and international pedestals could be adapted and adopted to assuage the access problems faced by developing countries.

Stephen Kingah is Research Fellow at the UN University Institute on Comparative Regional Integration Studies (UNUCRIS) in Bruges, Belgium. He received his PhD in Law from the Vrije Universiteit Brussel (VUB) while he concurrently worked as fellow at the Institute for European Studies (IES, VUB). He served as visiting lecturer at the University of Strasbourg where he taught a courses on the European Union’s relations with international financial institutions.  He has equally lectured at the University of Amsterdam, the Eduardo Mondlane University in Mozambique, the College of Europe in Bruges and the VUB. He worked as ad hoc administrator in the European Commission charged with the EU’s relations with international financial institutions.

January 2012
book
Peter Burgess
Serge Gutwirth
Access to Medicines and Vaccines in the South

Ies Book Series: nr. 20

[more info]

The concept of security has traditionally referred to the status of sovereign states in a closed international system. In this system the state is assumed to be both the object of security and the primary provider of security. Threats to the state’s security are understood as threats to its political autonomy in the system. The major international institutions that emerged after the Second World War were built around this idea. When the founders of the United Nations spoke of collective security, they were referring primarily to state security and to the coordinated system that would be necessary in order to avoid the 'scourge of war'. But today, a wide range of security threats, both new and traditional, confront Europe, or at least as some would say. New forms of nationalism, ethnic conflict and civil war, information technology, biological and chemical warfare, resource conflicts, pandemics, mass migrations, transnational terrorism, and environmental dangers challenge, according to many, the limits of our ability to safeguard the values upon which European society is based.

This book will provided theory and empirical case detail on several primary issues:

First, one form or another of insecurity motivates the movement of migrants motivating them to internal displacement or to sometimes risky trips to other countries. The correlation between the conditions of economic, health, food and military insecurity can be directly correlated with patterns of migration on a regional and global scale.

Second, some people become insecure while they are on the move. This is particularly the case for irregular migrants. Greater risks are being taken by people trying to move illegally from poorer to richer parts of the world, for example crossing the Mexico-United States border or the Mediterranean from North Africa to Southern Europe. A specific category of irregular migrants for whom this is often the case includes the victims of migrant smugglers and human traffickers. Another category of concern in this context includes those who become stranded in transit countries.

Third, certain migrants are also insecure in their destination countries. This is particularly the case of irregular migrants who work illegally and are often subject to exploitation. Often their jobs are dirty, dangerous and difficult, jobs that nationals are unwilling to take. The victims of human trafficking - andimportant migrant group - are not free to decide on the activities in which they engage. They are often forced into low-paid, insecure and degrading work from which they may find it impossible to escape and for which they receive trivial or no compensation. Finally, and more generally, many migrants, including those living and working in a regular manner, experience marginalization or discrimination.

J. Peter Burgess is Research Professor at the Peace Research Institute Oslo (PRIO), where he leads the Security Programme and edits the journal Security Dialogue, and Senior Research Fellow at the Institute for European Studies of the Vrije Universiteit Brussels. His most recent book is The Ethical Subject of Security. Geopolitical Rationality and the Threat against Europe. (Routledge, 2011)

Serge Gutwirth is the Director of the Law, Science, Technology and Society (LSTS) Research Group of the Faculty of Law and Criminology of the Vrije Universiteit Brussel (VUB), where he is also Professor of law and holder of a research fellowship in the framework of the VUB-Research Contingent.

Book review - Europe, Strategy and Armed Forces: The Making of a Distinctive Power.

Mattelaer, A. 2012 In : European Foreign Affairs Review. 17, p. 161-163 3 p.

Research output: ResearchBook/Film/Article review

Original languageEnglish
Pages (from-to)161-163
Number of pages3
JournalEuropean Foreign Affairs Review
Volume17
StatePublished - 2012