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451. Swimming in murky waters: Challenges in developing the EU's external representation

Author:
Piotr Maciej Kaczyński
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
In the area of external affairs, the Treaty of Lisbon has introduced a number of innovations into the functioning of the European Union. The initial phase of these innovations was in 2010 when two parallel processes took place. First, the set-up of the European External Action Service (EEAS) was negotiated and subsequently implemented. Second, a number of developments have taken place in the sphere of the EU's external representation. Soon after December 2009, when the new treaty entered into force, it became clear that it was wide open to interpretation. Since most actors continued to interpret the treaty provisions in their favour, the EU had to engage in difficult negotiations on several occasions. In fact, the new treaty impacts not only EU relations with third states and within international organizations, it also has a significant impact on the member states' relations with third states as well as on their representation within international organizations.
Topic:
Foreign Policy, Regional Cooperation, and Treaties and Agreements
Political Geography:
Europe

452. Proposed Liability Framework for Geological Sequestration of Carbon Dioxide

Author:
Wendy B. Jacobs
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
Harvard Law School's Emmett Environmental Law and Policy Clinic* supports immediate large-scale carbon capture and sequestration ("CCS") demonstration projects as part of a larger national and global effort to address climate change. Large-scale CCS projects (those that sequester at least 1.5 million tons of captured carbon dioxide ("CO2") annually) must be demonstrated soon to confirm CCS as a viable strategy to combat climate change and to show the commitment of the United States to achieving meaningful reductions in domestic CO2 emissions.
Topic:
Climate Change, Energy Policy, Environment, and Treaties and Agreements
Political Geography:
United States

453. W[h]ither the Kyoto Protocol? Durban and Beyond

Author:
Daniel Bodansky
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
On December 31, 2012, the Kyoto Protocol's first commitment period will expire. Unless states agree to a second commitment period, requiring a further round of emissions cuts, the Protocol will no longer impose any quantitative limits on states' greenhouse gas emissions. Although, as a legal matter, the Protocol will continue in force, it will be a largely empty shell, doing little if anything to curb global warming.
Topic:
Climate Change, Energy Policy, Environment, International Cooperation, Treaties and Agreements, and United Nations

454. Istanbul and Bonn Conferences: Building Blocks of the Afghan Transition Process

Author:
Hodei Sultan
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The Istanbul Conference slated for November 2, 2011 aims to bring to the discussion table issues relating to the transition in Afghanistan, including Afghan security, recruitment, training and equipment of Afghan security forces, as well as the reconciliation process. The conference will also focus on regional economic cooperation.
Topic:
Security, Economics, Peace Studies, Regional Cooperation, Treaties and Agreements, and Insurgency
Political Geography:
Afghanistan

455. Science Diplomacy for Nuclear Security

Author:
Micah D. Lowenthal
Publication Date:
09-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The history of science diplomacy for nuclear security is rich and includes, for example, establishing confidence in the verifiability of the Threshold Test Ban Treaty, paving the way to many nonproliferation efforts, and damping potentially drastic responses to actions perceived by adversaries as provocative. The ingredients for success in science diplomacy may be summarized in terms of seven factors: openness to new possibilities, vision and leadership, good science, human connections, communication, time, and self-interest. Experts from Russia and the United States have identified topics that would benefit from or demand science diplomacy: nuclear energy and nonproliferation, nuclear arms reductions, countering nuclear terrorism, cooperation on ballistic missile defense, and the Comprehensive Nuclear Test Ban Treaty. Differing perspectives on goals in these areas, however, provide new opportunities to work together to promote security. A variety of policy measures and physical safeguards have been put in place to prevent nuclear proliferation and nuclear terrorism. Because of the technical complexities of nearly every aspect of the nuclear fuel cycle and its potential for exploitation and terrorism, science diplomacy can continue to make substantial contributions on these topics. Verification of treaties, including nuclear arms reductions and test bans, is perhaps the topic within arms control most susceptible to technical options. Joint exploration and development of technical options to enable proposals for verification of treaties is a valuable topic in which science diplomacy has an essential role to play. Cooperation on ballistic missile defense (BMD) is an area of tension between the United States and Russia today. Such cooperation has technical and political dimensions. So far, the political discussions have resurfaced underlying suspicions, suggesting that science diplomacy is the stronger option for building confidence and identifying technical options that enable BMD cooperation. Although the Cold War is over, the variety of nuclear and other threats has grown, and science diplomacy is needed now more than ever to address those threats. Science diplomacy practitioners who are daunted by the sensitivity of the topics of the day must remember the successes in science diplomacy between the United States and the Soviet Union concerning nuclear weapons. The topics are important in part because they are so sensitive, and today's generations owe it to future generations to take on the challenge of science diplomacy to address the new and vexing security challenges the world faces in the twenty-first century.
Topic:
Conflict Prevention, Diplomacy, Nuclear Weapons, Treaties and Agreements, and Weapons of Mass Destruction
Political Geography:
Russia and United States

456. Arms Control and Proliferation Challenges to the Reset Policy

Author:
Stephen J. Blank
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
This monograph was presented at the Strategic Studies Institute (SSI)-Carnegie Council conference connected with the Council's U.S. Global Engagement Program. In this case, the engagement in question is with Russia, and this monograph specifically addressed the issues of how those aspects of the reset policy with Moscow that concern arms control and proliferation are proceeding. It duly addresses the question of whether further reductions in strategic offensive weapons are likely anytime soon, i.e., is it possible to go beyond the parameters in the recently signed and so-called New Strategic Arms Reduction Treaty (START) treaty with respect to reductions. Other critical issues involve the issues of missile defenses that Moscow vehemently opposes and the question of tactical or nonstrategic nuclear weapons, which the North Atlantic Treaty Organization (NATO) wishes to have Russia reduce.
Topic:
Defense Policy, Arms Control and Proliferation, Diplomacy, Nuclear Weapons, Treaties and Agreements, Weapons of Mass Destruction, and Bilateral Relations
Political Geography:
Russia, United States, North Atlantic, and Moscow

457. Measuring the Quality of Aid: QuODA Second Edition

Author:
Nancy Birdsall, Homi Kharas, and Rita Perakis
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Center for Global Development
Abstract:
As demonstrated by the Paris Declaration on Aid Effectiveness and Accra Agenda for Action, the development community has reached a broad consensus on what constitutes good practice for the delivery of development assistance. But since these high-level agreements were made, there has been almost no independent quantitative analysis of whether donors are meeting the standards they have set for themselves.
Topic:
Development, Humanitarian Aid, Poverty, Treaties and Agreements, and Foreign Aid
Political Geography:
Paris

458. Between consensus and confusion: Institutional changes and policy challenges in the EU's development policy Post-Lisbon

Author:
Marikki Stocchetti
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Lisbon Treaty anchored the EU development policy at the forefront of the Union's external relations. For the development policy, this provides an opportunity to improve its own role and functions in relation to its own targets, as well as in relation to the Common Foreign and Security Policy and the trade policy. To take this opportunity, the EU development policy actors need to find a means and a vision in the context of the changing institutional landscape and the EU development policy overhaul. A stronger EU development policy as a part of the external relations equation depends on the EU development actors' capability to act jointly in the area of shared competency, and to define the policy's focus and content vis-à-vis the other branches of the EU's external relations. This is of utmost importance in the new institutional context that was formed to implement the Lisbon Treaty. Most notably, the European External Action Service (EEAS) risks inheriting the previous organizational challenges of the EU development policy and creating new ones. The EU Commission proposal 'Agenda for Change' (October 2011) still passes up the opportunity to present a strong vision for the development policy in the EU's external relations along the lines of the Lisbon Treaty. While enhancing the common agenda for the CFSP and the development policy is conducive to development policy objectives, it is alarming that the policy proposal turns a blind eye to the role of the EU trade policy.
Topic:
Development, International Trade and Finance, Regional Cooperation, and Treaties and Agreements
Political Geography:
Europe and Lisbon

459. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty

Author:
Teija Tiilikainen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The European Parliament achieved full legislative powers when the Lisbon Treaty came into force, as most of those policy fields that had formerly been beyond the reach of the EP were duly added to these powers. In the implementation of the Lisbon Treaty, the EP's strengthened position is characterized as a vigorous promotion of arrangements favourable to its own position in the EU decision-making process. Important changes have taken place in the roles and functions of major parliamentary committees along with the extension of the EP's powers; the changes are most substantial in the Committee on Agriculture and Rural Development (AGRI) and in the Committee on International Trade (INTA). Concerns about the spread of undemocratic legislative practices and weaknesses in administrative capacities have been raised since the EP has been accommodated to its new powers.
Topic:
Democratization, Regional Cooperation, Treaties and Agreements, and Governance
Political Geography:
Europe and Lisbon

460. Legal order free of pillars: European Courts' jurisdiction in the post-Treaty of Lisbon setting

Author:
Janne Salminen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
Topic:
Security, Foreign Policy, Treaties and Agreements, and Law
Political Geography:
United Kingdom, Europe, Denmark, Lisbon, and Ireland