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1. The Practice, Promise and Peril of EU Lawfare

Author:
Steven Blockmans
Publication Date:
05-2024
Content Type:
Special Report
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Power generates law and its interpretation, irrespective of whether it serves the cause of international justice. Despite its many shortcomings, the rules-based international order (RBIO) tries to advance that cause. But as a concept, the RBIO is now being rejected by China, Russia and parts of the so-called “Global South” for what they claim is the Western hegemonism and liberal values that underpin it. The fact that these countries have voluntarily signed up to the international covenants that enshrine the legal doctrines to strengthen the sovereign rights of weaker countries, especially in the context of economic relations, makes it hard to sympathise with the argument that the RBIO should be replaced by another concept, especially one that is advanced by autocracies. The RBIO has been partially shaped by the European Union (EU), a community of law that encodes the aspiration of “good global governance” in its constitutional DNA. With the waning “Brussels effect”—the soft power of EU law in shaping international rules and standards, the EU should consider how to instrumentalise the law to protect and promote its foreign policy interests, first and foremost the protection and promotion of the RBIO. This report unpacks the notion of “lawfare” and conducts a comparative analysis of such practices by the US, China, Russia, Ukraine, Turkey and others to assess the promise and peril of the EU using the power of the law to its strategic advantage.
Topic:
International Law, Sanctions, European Union, International Order, and Russia-Ukraine War
Political Geography:
Russia, China, Europe, Turkey, Ukraine, and United States of America

2. How the EU can – and should – enhance its security and global competitiveness

Author:
Stefania Benaglia, Steven Blockmans, Michael Emerson, Tinatin Akhvlediani, Ceren Ergenc, and Fanny Sauvignon
Publication Date:
09-2024
Content Type:
Special Report
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
To achieve the objectives of security and competitiveness the EU will absolutely need to prioritise its enlargement policy, defence strategy and global partnerships over the coming years to 2030 and beyond. To make the EU fit for 30+ members, it will have to start by reforming its enlargement methodology towards a ‘staged accession’ procedure and move towards more qualified majority voting, alongside adapting its budget to accommodate new members. Accession negotiations will need to have ironclad security commitments and the EU should assist candidates in shoring up their own defences, as well as beefing up its own Member States’ military capacities. The EU also has no choice but to become a security provider for the entire continent. To strengthen its overall global competitiveness, the EU should boost Europe’s defence industry, ramp up the production of much-needed capabilities, tackle procurement issues and harmonise technical and operational standards. Collaboration with regional partners through the Global Gateway is also important but the EU shouldn’t position itself as an exclusive alternative to China’s Belt and Road Initiative. It must also actively engage all parties in the Middle East peace process to counterbalance China’s influence and (re)assert itself as a key regional player. The India-Middle East-Europe Economic Corridor (IMEC) will test the EU’s ability to maintain its global relevance and uphold its values.
Topic:
Security, Foreign Policy, Defense Policy, European Union, Competition, and Enlargement
Political Geography:
Europe

3. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:
Steven Blockmans
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:
Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

4. Europe’s Indo-Pacific Tilt: Estonian and Japanese Interests

Author:
Frank Jüris, Steven Blockmans, Kazuto Suzuki, Sanshiro Hosaka, and Maret Nukke
Publication Date:
01-2023
Content Type:
Special Report
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Reshaped by the new great power competition, the international order has been undergoing revolutionary transformations. Revanchist Russia has unleashed a barbarian war against a sovereign European nation, while increasingly militarised and contentious China looms as a not-so-insidious threat in the Indo-Pacific. In response to these shifting dynamics and mounting geopolitical tensions, Europe is now awakening to the new reality and paying greater attention to the far-away region. At first glance, Estonia and Japan may seem like odd partners, yet they share vital commonalities and common interests impossible to ignore. Amidst Russia’s ongoing brutal invasion of Ukraine and China’s territorial claims over Taiwan, Japan’s strong advocacy in the Indo-Pacific region confirms how essential unity, consensus, and solidarity are for tackling global challenges in an environment of limited resources. This report brings together foreign and security policy experts to improve our understanding of each other’s security concerns — be it threats in cyber and information space, ruptures in trade, energy, and food, or authoritarian neighbours — by taking a step closer to a shared threat perception. Acknowledging unprecedented challenges to global security and rules-based order that democracy and democracies are confronted with from East to West, this report critically examines whether the European Union’s regional strategy maximises and realises the union’s full potential in the Indo-Pacific, which will test its actorness and agency and determine the role for the decades — if not centuries — to come. As the long-distance race for technological hegemony between the U.S. and China — of which Japan and Estonia are by far neither neutral nor casual observers — tightens, the report highlights national policies and capabilities needed to stay competitive, as well as to reduce known and potential vulnerabilities, from the perspective of economic security. China’s dramatic rise — as not only an economic but also a military superpower — entails an assertive and oftentimes assailing foreign policy that is felt both in Europe and the Indo-Pacific alike. The authoritarian regime in Beijing cleverly exploits the vacuum of power wherever it finds any. Cautioning against repeating the old mistakes of China-centrism, the report advocates for fostering multifaced cooperation with Japan in the framework of EU-Japan and Estonia-Japan relations. Thus, the report recommends that the EU as a whole and its individual member states should continue building on the positive momentum generated by the Indo-Pacific strategies and modify their approach to incorporate like-minded partners. From freedom of information to information- and cybersecurity, the report reminds us that leadership matters. It explains the changing tides in the Japanese mainstream public opinions that have already washed away the decades of harmful Russia-centrism from media, academia, and corridors of power and thus resulted in a society successfully resisting malign foreign disinformation campaigns. Estonia and Japan should facilitate digital transformation beyond their national borders, promote economic security, and exert geopolitical power through domestically produced sophisticated technology. The report also probes Sino-Russian relations from the perspective of Chinese strategic interests in its own neighbourhood. Able to contain the West by redirecting its focus and resources towards the war in Ukraine, Russia creates additional operation space for China in the Taiwan Strait. With the war raging In Europe, it should be clear that appeasing an aggressor with concessions and seemingly clever compromises only emboldens the latter, making it even more contentious in both territorial claims and bellicose actions. To prevent a conflict from breaking out in the Taiwan Strait, the EU should be building up allied immunity by counterbalancing China in the Indo-Pacific and proactively defending the rules-based world order.
Topic:
Defense Policy, European Union, Cybersecurity, Belt and Road Initiative (BRI), ASEAN, and Economic Security
Political Geography:
Russia, Japan, China, Europe, Ukraine, Taiwan, Asia, Estonia, and Indo-Pacific

5. The South China Sea and Indo-Pacific in an Era of “Multipolar” Competition

Author:
Zachary Paikin, Gilang Kembara, Andrew Mantong, and Steven Blockmans
Publication Date:
02-2023
Content Type:
Research Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
A longstanding territorial dispute between claimants in the South China Sea now finds itself nested within a new imagined ‘Indo-Pacific’ region, which itself has become a key theatre in a deepening great power conflict. The EU is geographically distant and a relative newcomer to the strategic terrain in these two regions, yet it cannot afford to ignore them given their crucial economic and geopolitical importance. While the EU’s ability to reduce the constraints on its freedom of manoeuvre is limited, the Union should nonetheless gradually nurture its strategic autonomy by carving out a delineated hard security role in the South China Sea while maintaining a degree of distance from the US approach towards China and the Indo-Pacific.
Topic:
Foreign Policy, European Union, Strategic Competition, and Multipolarity
Political Geography:
Asia, Indo-Pacific, and South China Sea

6. The Unfulfilled Promise of EU Foreign and Security Policy towards Iran

Author:
Riccardo Alcaro, Steven Blockmans, Akin Unver, and Sine Özkaraşahin
Publication Date:
02-2023
Content Type:
Research Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
With the 2015 nuclear deal dead in all but name, Iran is getting closer to Russia and more repressive at home, while EU member states’ priorities about the Islamic Republic now extend beyond nuclear proliferation to human rights and European security. This shift in priorities cements a re-orientation of the EU’s approach to Iran from conditional engagement to confrontation. EU member states’ options are limited, however. Pressure worked prior to the nuclear agreement because the EU cut off significant trade with Iran. But US extraterritorial sanctions, re-imposed after the United States left the deal in 2018, have rendered EU-Iran trade so modest that cutting it would have little impact. The EU could get more leverage by providing incentives, yet the political inexpediency of rewarding Iran at a time of rising belligerence of the Islamic Republic greatly restricts the range of benefits potentially on offer. Still, in the mid- to longer term, the EU and its member states will need to combine pressure with some form of incentives if they want to defend their interests in non-proliferation, European security and the protection of human rights in Iran. They also need to resort to a variety of international partnerships in order to maximise their residual leverage.
Topic:
Security, Foreign Policy, European Union, and JCPOA
Political Geography:
Europe, Iran, and Middle East

7. How to Reduce the Impact of Internal Contestation, Regional Fragmentation and Multipolar Competition on EU Foreign and Security Policy

Author:
Sarah van Bentum, Caterina Bedin, Gregor Walter-Drop, Steven Blockmans, Agnès Levallois, and Tiffany Guendouz
Publication Date:
05-2023
Content Type:
Research Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In a Union of 27 Member States, differences in (geo)political interests, socio-economic realities, historical trajectories and national identity construction constantly threaten internal unity and thus also the external coherence of the EU’s Foreign and Security Policy (EUFSP). The following three factors and their mutually reinforcing interplay appear to have a significant impact on the creation and shaping of EUFSP, especially when it comes to managing international crises and conflicts: internal contestation, regional fragmentation and multipolar competition. The analysis in this paper draws on the main findings from nine case studies carried out under the Horizon 2020 JOINT project. The paper first assesses the (generally negative) impact of the three factors on EUFSP in these contexts of international crises, identifies common patterns and divergent approaches. The second part of the paper identifies strategies to mitigate and/or reduce the (negative) impact of these challenges on EUFSP and points towards windows of opportunity to take action moving forward. The ultimate aim of this research is to provide experts and officials with concrete ideas about how EU policy decision-making processes can enable greater coherence among EU institutions and Member States in their response to international crises and conflicts.
Topic:
Security, Foreign Policy, European Union, Regional Integration, Multipolarity, and Fragmentation
Political Geography:
Europe

8. What should the EU do about violent extremism?

Author:
Dylan Macchiarini Crosson, Tatjana Stankovic, Pernille Rieker, and Steven Blockmans
Publication Date:
07-2023
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Despite a recent spike in concern about a resurgence in great power conflict, addressing terrorism and violent extremism has driven the foreign policy debate in the collective West for the better part of two decades since 9/11. In the European Union, these concerns most prominently emerged in the 2003 European Security Strategy (ESS) that identified terrorism and “violent religious extremism” originating in the EU’s neighbourhood and caused by weak institutions, conflict, and state failure as a primary concern. The crux of the matter, however, is how this increased attention translates in policy terms. In other words, is the EU’s chosen CT-P/CVE policy mix balanced and fit for purpose? First, the EU’s CT-P/CVE action can hardly be framed according to a binary security versus democracy logic because of the significant emphasis placed by the EU on socio-economic development to address the structural causes of violent extremism. Second, despite the EU’s developmental focus, the language of good governance and peacebuilding, as well as funding for these areas, are key elements missing from the EU’s engagement. In order to remedy the many upstream and downstream diplomatic trade-offs that EU policymakers face in tackling violent extremism, the EU must begin to frame CT-P/CVE as part of its wider endeavour to support sustainable peace. It can do this by formulating an EU Agenda for Peace that once again underlines the EU’s commitment to promoting inclusive governance, community resilience, and social justice.
Topic:
Security, Diplomacy, Terrorism, Violent Extremism, European Union, and Conflict
Political Geography:
Europe

9. The EU and CT-P/CVE in its external action

Author:
Dylan Macchiarini Crosson, Tatjana Stankovic, Pernille Rieker, and Steven Blockmans
Publication Date:
07-2023
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
This article re-frames the ongoing democracy versus security debate surrounding the European Union’s (EU) policies to counter terrorism and prevent/counter violent extremism (CT-P/CVE). Indeed, extant literature has primarily focused on how the EU’s CTP/CVE-specific emphasis on security concerns has come at the expense of attention towards good governance and social justice, thereby undermining the effectiveness of its approach. After reviewing general concepts discerned from previous research on the EU’s CT-P/CVE policy, tracing its approach over time, analysing key documents, and conducting interviews with policymakers, this analysis finds that the EU – in its words, funding, and policy implementation – also pays significant CT-P/CVE-relevant attention to the structural causes of radicalisation to violent extremism and terrorism by mobilising significant developmentoriented resources and diplomatic energy. By doing so, the EU’s CT-P/CVE policies balance an emphasis on security concerns and broader socio-economic and diplomatic engagement. However, the EU simultaneously de-emphasises good governance and peacebuilding, which must be reinforced and mainstreamed across its primary developmental engagement for the EU’s CT-P/CVE approach to be considered fully fit-for-purpose.
Topic:
Security, Terrorism, Governance, Violent Extremism, European Union, Democracy, and Peacebuilding
Political Geography:
Europe

10. Why the Ukraine crisis should push the UK and EU into a tighter embrace on security policy

Author:
Steven Blockmans
Publication Date:
02-2022
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
One of the costs of Brexit is the weakened ability of both the UK and the EU to shape a strong joint response to Russia’s threats to pan-European security. In the standoff over Ukraine, the need for close cross-Channel cooperation is particularly acute for any effective sanctions package negotiated with the US. Yet, post-Brexit relations between the UK and the EU are currently governed by a narrow Trade and Cooperation Agreement (TCA) which does not include a designated chapter on political dialogue and that, barring a handful of exceptions, does not contain any provisions on cooperation on foreign and security matters. Fortunately, the preparatory work undertaken to reach the bilateral accord contains the answer to the question on how trust between the parties can be regained through procedural means. This policy brief highlights the embers of the Brexit bonfire that might be raked up to rekindle the flame of dialogue and cooperation between the UK and the EU in foreign affairs and security policy.
Topic:
Security, Foreign Policy, Sanctions, European Union, and Brexit
Political Geography:
United Kingdom, Europe, and Ukraine