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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