Recent Publications

A Coherent EU Strategy for the Sahel

Simon Navarro, L., Mattelaer, A. & Hadfield-Amkhan, A. . A. 2012 Unknown. (European Parliament (DG EXPO))

Research output: ResearchCommissioned report

Original languageEnglish
PublisherUnknown
ISBN (Print)978-92-823-3731-8
StatePublished - 2012

Publication series

NameEuropean Parliament (DG EXPO)

EU Peacekeeping in Africa: towards an indirect approach.

Mattelaer, A. 2012 Paper presented at the ETH-CSS conference International Peacekeeping in Africa: Actors and Missions, Zürich, November 2012. (Paper presented at the ETH-CSS conference International Peacekeeping in Africa: Actors and Missions, Zürich, November 2012)

Research output: ResearchMeeting abstract

Original languageEnglish
Title of host publicationPaper presented at the ETH-CSS conference International Peacekeeping in Africa: Actors and Missions, Zürich, November 2012
StatePublished - 2012

Publication series

NamePaper presented at the ETH-CSS conference International Peacekeeping in Africa: Actors and Missions, Zürich, November 2012

Conference

ConferenceUnknown
Period1/01/12 → …

Back to the Future?

Mattelaer, A. 2012 In : De evolutie van de Belgisch-Nederlandse Betrekkingen. 55, p. 161-163 3 p.

Research output: ResearchArticle

Original languageEnglish
Pages (from-to)161-163
Number of pages3
JournalDe evolutie van de Belgisch-Nederlandse Betrekkingen
Volume55
StatePublished - 2012

Reviewing the EU's Crisis Management Procedures.

Mattelaer, A. 2012 IES Policy Brief 2012/04 ed. Unknown.

Research output: ResearchOther report

Original languageEnglish
PublisherUnknown
EditionIES Policy Brief 2012/04
StatePublished - 2012

Decision Making in the Field of CSDP.

Mattelaer, A. 2012 Rehrl, Jochenand Hans-Bernhard Weisserth. Defence, F. M. O. & Austria, S. O. T. R. O. (eds.). Vienna, p. 57-59 3 p. (Handbook on CSDP: The Common Security and Defence Policy of the European Union (2nd ed.))

Research output: ResearchChapter

Original languageEnglish
Title of host publicationRehrl, Jochenand Hans-Bernhard Weisserth
EditorsFederal Ministry Of Defence, Sports Of The Republic Of Austria
Place of PublicationVienna
Pages57-59
Number of pages3
StatePublished - 2012

Publication series

NameHandbook on CSDP: The Common Security and Defence Policy of the European Union (2nd ed.)

Reviewing the EU’s Crisis Management Procedures

Mattelaer, A. 2012 In : Studia Diplomatica. 65, p. 31-37 7 p.

Research output: Research - peer-reviewArticle

Original languageEnglish
Pages (from-to)31-37
Number of pages7
JournalStudia Diplomatica
Volume65
StatePublished - 2012
December 2011
working paper
Selen Sarisoy Guerin

Abstract

In this paper we examine the effect of law on foreign direct investment outflows with a specific interest in the relationship between international investment law and domestic private property laws. Our results indicate that FDI investor is indifferent to host country property rights, hence shareholder protection by law is not a significant determinant of FDI outflows. We argue that FDI, in contrast with other types of capital flows, can effectively mitigate the agency problem through majority ownership and control, hence reduce exposure to ex-post expropriation by the affiliate. On the other hand, FDI investor remains exposed to risk of expropriation by the host government and is strongly sensitive to the enforcement of law in the host country. In contrast with recent literature we conclude that there are no causal relationship between bilateral investment treaties and FDI.

JEL codes: D23; F21; F23; F36

About the author

Dr. Selen Sarisoy Guerin is assistant professor at Vrije Universiteit Brussel and senior researcher at the Institute for European Studies since November 2009. Selen holds a PhD in Economics from Trinity College Dublin. Her research interests include all aspects of EU’s trade policy and foreign direct investment, Turkey’s economic integration, global imbalances and international capital flows. Selen has worked closely with EU institutions, the World Bank and various policy makers in Korea, Canada, the GCC, Taiwan and Southeast Europe, and has published across a broad spectrum of issues including climate change and trade, deposit insurance and international capital flows, investment and political regime.

Alan J. Stomel

Abstract

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings.

The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation.

The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company.

The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.”

In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

About the author

Alan Stomel has been an attorney specializing in insolvency for twenty--five years. He began his career as an intern at the U.S. Department of Justice, Office of the United States Trustee and has worked at major international law firms before starting his own firm in 1999. He has participated in the reorganization of more than fifty companies under Chapter 11 of the U.S. Bankruptcy Code and has participated in the liquidation of hundreds more. He is quoted in the U.S. Congressional Record as an expert in the bankruptcy of firearms manufacturers and appears prominently in the book Lawyers, Guns and Money, an expose' of the cheap handgun industry in the United States. He received his J.D. degree from Loyola Law School in 1986 and his LL.M. (magna cum laude) in European and International Law from Vrije Universiteit Brusssel in 2011. Currently, he is a Legal Advisor at the European Commission, Justice Directorate

Cambridge, MA: MIT Press.

Edited by: Sebastian Oberthür and Olav Schram Stokke

"Institutional Interaction and complexity are crucial to environmental governance and are quickly becoming dominant themes in the international relations and environmental politics literatures. This book examines international institutional interplay and its consequences, focusing on two important issues: how states and other actors, including the EU, can manage institutional interaction to improve synergy and avoid disruption; and what forces drive the emergence and evolution of institutional complexes, sets of institutions that cogovern particular issue areas. The book, a product of the Institutional Dimensions of Global Environmental Change research project (IDGEC), offers both theoretical and empirical perspectives."

Selen Sarisoy Guerin
Ioannis Stivachtis

Enlargement is one of the most established policies of the EU given the success of the past waves of enlargement. Turkish membership of the EU, after more than forty years in discussion, is today a hot topic that has generated many concerns and challenges at both the EU and in national parliament levels. Since accession talks commenced in October 2005, this significant debate among politicians, policy-makers and academicians has mostly focused on economic and political factors as well as concerns over Turkey’s large and growing population and its questionable record of human rights and democracy. These concerns are closely linked with the potential impact of eventual Turkish membership on EU decision-making as well as the economic costs on the EU budget and EU’s absorptive capacity.

Political concerns over Turkish membership already generated vast literature as well as the economic costs of enlargement for the EU. However, there continues to be a lack of information and understanding regarding the economic costs for Turkey.

This book focuses on the experience of Turkey to date in fulfilling its EU membership requirements and its impact on Turkish economy. It begins by evaluating the economic dimension of the EU-Turkey enlargement negotiations process; it follows by assessing the current strengths and weaknesses of the Turkish candidature by outlining how well Turkey has fared so far and finally, it details the implications of the accession negotiations for various sectors of the Turkish economy.