External Effects of European Union Law

Introduction


The European integration project has developed into a powerful entity capable of influencing its environment beyond EU territorial borders. Coupled with its status as an economic heavyweight, the European Union can utilize its substantial powers in areas such as internal market law, competition and its developing foreign policy to alter the conduct of states, international actors and individuals. These powers may generate effects both in third country legal orders and in international law. This research project will focus on the processes with which the EU governs or affects actors and legal orders outside European borders and why it may choose to do so. Examples of specific research inquiries include the influence of European courts beyond EU borders, the impact of the European markets on the regulation and behavior of actors outside the EU, in what ways the EU is capable to export standards on matters such as human rights or environmental protection, the extraterritorial enforcement of EU standards, etc. All project contributions will make use of the same conceptual framework, which will allow for a comparative end report incorporating the insights from the various articles and papers. Through this structure the project aims to answer the following research questions:

  1. Which combinations of processes exist by which the EU exports and /or externally enforces its values, policy and law with regard to third states, private actors and international actors?
  2. Which effects do these processes generate for the aforementioned actors?
  3. To which extent do these processes contribute to the goals of the EU, and how legitimate are they from a European Law or International law perspective?

More information on the structure of the project can be found in the project proposal.

Shortly after the projects’ start the group decided to collaborate with the CLEER network, part of the T.M.C. Asser Institute. Thus, the project became a joint RENFORCE/CLEER initiative, with both organizations providing relevant expertise and their network to make the project a success. This joint approach to the study of EU external effects has as its main benefit that the project group will be able to research this expansive research area more thoroughly.

Project group news


Workshop: “Resolving the Tensions between EU Trade and Non-Trade Objectives: Actors, Norms, and Processes”

On the 10th November 2017, RENFORCE researchers, Urszula Jaremba, Ingrid Koning, and Machiko Kanetake, hosted the workshop on the tensions between the EU’s trade and non-trade objectives. The workshop started with the introductory remark by Urszula Jaremba, and the selected participants addressed how “coherence” could be achieved, not only between trade and non-trade objectives, but also among EU institutions and their various commitments.

Lecture: “EU Law as a Source of International Law?”, by Prof. Wessel

On the 10th of October 2017, RENFORCE’s External Effects of EU Law project hosted a lecture by Prof. Ramses A. Wessel (Professor of International and European Law & Governance, University of Twente) on “EU Law as a Source of International Law?”.

In his lecture, Prof. Wessel discussed how EU law is, or could be, received by the international legal order. The lecture highlighted the importance of addressing this issue both by EU law scholars and by public international law experts, given the age of the EU as a contributor to the further development of international law.

Workshop “Resolving the Tensions between EU Trade and Non-Trade Objectives: Actors, Norms, and Processes”

On 10 November 2017, RENFORCE organizes the workshop on: “Resolving the Tensions between EU Trade and Non-Trade Objectives: Actors, Norms, and Processes”. The focus of the workshop is on the recent issues concerning the EU’s unilateral and bilateral actions (as opposed to multilateral action) in the realm of EU’s external trade law and policy. The provisional program is available here. The workshop is closed, but we have limited space for additional participants. If you are interested in participating, please send an email to Secretariaat.IER@uu.nl before 3 November 2017.

Best student papers Capita selecta: EU External Affairs and International Trade

In April 2017, prof. Cedric Ryngaert and Dr. Urszula Jaremba gave a capita selecta course on EU External Affairs and International Trade. For this course, the participating students were expected to write a paper on the topic concerning EU trade law and policy and their external effects.

The lecturers decided to distinguish two best student papers written for the course.  The paper by Emelie Thornberg touches upon the issue of externalisation by the EU of labour standards through free trade agreements. The study is based on the CETA case. The second paper by Mureille van der Meulen is an attempt to explore the EU Conflict Minerals Regulation and tries to lay out the process that has led to the adoption of the Regulation.

Congratulations to both students!

EU’s Global Approach to Law-Making – Lecture (6 April 2017)

On 6 April 2017, as part of RENFORCE External Effects project, Dr. Elaine Fahey [LINK to http://www.city.ac.uk/people/academics/elaine-fahey] (Reader in Law, the City Law School, City, University of London) gave a lecture on ‘A Taxonomy of the EU’s Global Approach to Law-Making’. As articulated by Dr. Fahey, what can be termed as the ‘global’ approach of EU law-making appears highly explicit and transparent in the external context but less so in the internal context. Dr. Fahey discussed several reasons for such a difference, and engaged in a systematic mapping of the EU’s explicitly ‘global’ approach to law-making in both internal and external EU law and policies.

European Parliament in Interparliamentary Cooperation and Diplomacy – Seminar (18 January 2017)

On 18 January 2017, Dr. Diane Fromage, Assistant Professor of EU Law in Utrecht University, gave a RENFORCE lecture on her research regarding interparliamentary cooperation and diplomacy. Dr. Fromage started with discussing the legal framework within which this cooperation operates, and shared her insights into some of the recent developments in the European Parliament’s diplomatic actions and its efforts for interparliamentary cooperation. Dr. Fromage highlighted various facets of the relationships between national parliaments and the European Parliament, and discuss how their relationships have shifted, particularly through the Interparliamentary Conference for the Common Foreign and Security Policy (CFSP). Dr. Kolja Raube from Leuven Centre for Global Governance Studies acted as discussant. Dr. Raube discussed the background and theoretical framework for the analysis of the interparliamentary cooperation, and shared his insights into the promises and pitfalls of the interparliamentary cooperation.

Dual-Use Export Control & EU’s Role – Seminar (2 November 2016)

On 2 November 2016, RENFORCE researcher Machiko Kanetake presented her paper on the dual-use export control, focusing on the European Commission’s proposal adopted in September 2016 for a modernisation of EU dual-use export controls. Urszula Jaramba served as a commentator.

EU Aviation Regulation in US Courts – Seminar (30 August 2016)

On 30 August 2016, RENFORCE researcher Ingrid Koning presented her article on EU Aviation Regulation in US Courts´. Ton van den Brink provided insights from an EU-perspective, after which a discussion followed.

 

 

Dual-Use Concepts – The Four Societies Conference (22 July 2016)

On 22 July 2016, Machiko Kanetake presented her papedr. Machiko Kanetaker on ‘Between Innovation and Security: Dual-Use Concepts in International, EU, and National Law’, at The Sixth International Four Societies Conference: International Law, Innovation, and the Environment, Centre for International Governance Innovation, Waterloo, Canada. In her paper, Machiko highlighted the multi-faceted and contradictory concepts of dual-use by comparing treaty provisions (Biological/Chemicals Weapons Conventions), the instruments of international organizations (OPCW; SC Resolution 1540), voluntary initiatives (Wassenaar Arrangement, Australia Group), EU law (Regulation 428/2009), and the implementing legislation of several countries.

group-foto

EU’s attempts to set a global data protection norm – Seminar (18 May 2016)

On 18 May 2016, RENFORCE researcher Mistale Taylor presented her paper in Utrecht on ‘The EU’s Attempts at Setting a Global Data Protection Norm’. Mistale presented the EU’s attempts to set a global data protection norm and examined the EU’s Data Protection Regulation of 2016.mistaletaylor

Machiko Kanetake served as a commentator. Machiko commented, for instance, on the distinction between coercion and persuasion, given that the external effect of EU law may ultimately depend on the acceptance of third countries.

 

The external effects of EU law project – Conference (13 May 2015)

On 13 May 2015, RENFORCE successfully hosted the kick-off conference of the project on the external effects of EU law. The conference started with the introductory remarks by Ingrid Koning, a conference organizer and RENFORCE researcher.

In the first session, keynote speeches by CLEER and RENFORCE researchers provided the broader frameworks in the field of EU external relations law. Ramses Wessel presented a state of affairs in current EU external relations law, and Cedric Ryngaert presented his research on the EU’s extraterritoriality and its relations with global values.

This was followed by the second session in which RENFORCE researchers presented their preliminary findings. Ingrid Koning examined the usage of EU aviation law in US courts. Jan Willem van Rossem examined the autonomy of EU law in external affairs. Finally, Natalie Dobson presented her paper on EU climate change policies and their extraterritorial aspects.

Extraterritorial emission reductions – Seminar (13 April 2016)

On 13 April 2016, Natalie Dobson presented in Utrecht her paper entitled ‘Two ways to Rome—the promotion of extraterritorial emission reductions in the EU transport sector’.  Ingrid Koning served as a discussant.

EU trade with Israeli settlements – Seminar (16 March 2016)

On 16 March 2016, RENFORCE researcher Cedric RyUCIS-4756_0005_UCIS-5225-740x555ngaert presented his paper on ‘The duty of non-recognition and EU trade with Israeli settlements in the Occupied Palestinian Territories’ (in Dutch) during the luncheon seminar in Utrecht. Jeff Handmaker, a senior lecturer of the International Institute of Social Studies, Erasmus University Rotterdam, served as a discussant.

 

Dutch National research Agenda

On 30 April 2015 The External Effects of EU Law project group submitted the following question to the Dutch National Research Agenda: How can the European Union exert external influence through internal policy and regulation?

(Hoe kan de Europese Unie door intern beleid en interne regels invloed uitoefenen buiten Europa?)

Externalizing EU law – RENFORCE seminar (20 October 2015, Utrecht)

On 20 October 2015, in Utrecht, Bjorn Kleizen, a juniorIMG-20150122-WA0009 research her for the RENFORCE external effects project, presented his paper on ‘Externalizing EU law, policy and values: Europe’s global identity, mechanisms of rule transfer and case studies on illegal logging and Bosnia-Herzegovina’. His paper provided an overview of the external effects project and relevant literature and analyzed the interesting case studies on the EU’s global combat against illegal logging as well as on the EU’s involvement in Bosnia and Herzegovina.

Sebastiaan Princen, Professor of Governance and Policymaking in the EU, commented on the paper from a political science point of view. Sebastiaan raised many thoughtful points, including, for instance, the need to fully accommodate the perspectives of ‘receiving countries’ in analyzing the external effects of EU law.

Unilateral regulation of maritime emissions – seminar (13 November 2015)

On 13 November 2015, in Utrecht, RENFORCE researcherNatalie Dobson Nathalie Dobson presented her draft paper on ‘Provocative EU climate protection – Unilateral regulation of maritime emissions’ at a seminar organized by the Utrecht Centre for Water Oceans and Sustainability Law (UCWOSL). Nathalie’s research is connected to UCWOSL as well as the External Effects of EU Law Project of RENFORCE.

 

Ius Commune Conference (27 November 2015)

On 27 October 2015, in collaboration with the RENFORCE project, the Jus Commune Conference 2015 took place at KU Leuven. ‘Ramses Wessel presented his paper on The Reception of EU Law in the International Legal Order’. Ingrid Koning presented her paper on ‘the Effect of European Transport Regulations on Third Countries’. Ingrid was joined by the presentations of two Ph.D. researchers, Mistale Taylor on ‘The EU’s Attempts at Setting a Global Data Protection Norm’ and Natalie Dobson on ‘The EU and International Climate Change Stewardship’.

In this section news concerning the External Effects of EU Law project will be archived. Keep an eye on this page for information on our output, events and other contributions!

Researchers


Ingrid Koning

Topic: EU aviation regulation in US courts

Ingrid Koning is assistant professor at the Molengraaff Institute for Private Law. Her research focuses on liability aspects in Transport Law and the effect of European Passenger Regulations in the national and international legal order. Her contribution to the RENFORCE External Effects of EU Law project will focus on the application of European aviation regulation in the US courts. Regulation 261/2004 establishes the right to compensation for passengers who are delayed, whose flight has been cancelled or who are denied boarding. In several US cases the question arose whether – and if yes under what conditions – US citizens could claim damages before a US court on the basis of this EU Regulation. Ingrid Koning will describe the latest developments on this topic in her contribution. In addition to her contribution to the projects’ output Ingrid Koning also functions as project coordinator.

Recent Publications:

Vlucht EC 261/2004 van Brussel naar de VS. Europese passagiersverordeningen in Amerikaanse rechtbanken, Tijdschrift voor Vervoer en Recht 2016/4.


Cedric Ryngaert

Topic: Extraterritorial application of EU environmental law and sustainability law

UCIS-4756_0005_UCIS-5225-740x555Prof. dr. Cedric Ryngaert is professor of public international law and programme leader of the master public international law. Since November 2013 he is heading two research projects concerning jurisdiction, on the basis of subsidies provided by NWO (VIDI) and the European Research Council (ERC Starting Grant). Within the context of the External Effects of EU Law project, Cedric Ryngaert will focus both on issues of extraterritoriality and collaborate with several PhD researchers on areas such as the external dimension of data protection, environmental protection, ship pollution issues, cybercrime, etc.

Recent Publications:

Ryngaert, C.M.J. (2015). Het advies over de EU-toetreding tot het EVRM – Overwegingen betreffende het Gemeenschappelijk Buitenlands en VeiligheidsbeleidNederlands Tijdschrift voor de Mensenrechten, 40, (pp. 215-218) (4 p.).

Ryngaert, C.M.J. & Koekkoek, Marieke (2015). Extraterritorial regulation of natural resources – A functional approach. In Jan Wouters, Axel Marx, Dylan Geraets & Bregt Natens (Eds.), Global Governance through Trade – EU Policies and Approaches (pp. 245-271) (26 p.). Edward Elgar Publishing.

Ryngaert, Cedric (2015). Whither Territoriality? The European Union’s Use of Territoriality to Set Norms with Universal Effects. In Cedric Ryngaert, Erik Molenaar & Sarah Nouwen (Eds.), What’s Wrong with International Law? Liber Amicorum A.H.A. Soons (pp. 434-448) (15 p.). The Hague: Brill.


Natalie Dobson

Topic: Extraterritorial application of EU environmental law and sustainability law

Natalie Dobson

Natalie Dobson is a PhD Fellow at Utrecht University, studying the European Union as a global environmental actor. Her PhD thesis focuses on unilateral environmental protection, with an emphasis on extraterritoriality and jurisdiction. Together with Cedric Ryngaert, she will therefore provide a contribution on the cosmopolitan efforts of the EU to combat climate change. Cedric Ryngaert and Natalie Dobson will utilize a dual approach which explains European policy both from the perspective of the EU’s economic interests and the perspective of global regulatory efficiency.


Mistale Taylor

Topic: EU data protection legislation

Mistale Taylor is a PhD candidate at Utrecht University.  She is conducting research on extraterritoriality and data protection as part of a wider project on unilateral jurisdiction and global values.  In her research, she looks at the EU’s obligations to protect the fundamental right to data protection, by exercising extraterritorial jurisdiction or territorial extension of EU law, in view of limitations on exercising jurisdiction under public international law.  She is also a Senior Research Associate at global pro bono law firm Public International Law & Policy Group (PILPG), which deals with legal challenges in international criminal law and human rights law.

A recent article by Mistale Taylor on this topic can be found here.


Jan Willem van Rossem

Topic: The autonomy of EU law in external relations

Dr. Jan Willem van Rossem studied Law at the University of Groningen. After graduating there in 2006, he continued in Groningen as a PhD-researcher in European constitutional law. in 2014, this PhD-project resulted in the dissertation ‘Soevereiniteit en pluralisme’ (Sovereignty and Pluralism). Since 2012, Van Rossem is working as a lecturer and researcher at Utrecht University. As a member of the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Van Rossem mainly publishes on issues related to the European Union. Van Rossem is also interested in comparative constitutional law and constitutional theory.


Bjorn Kleizen

Topic: The export of the EU regional integration model / The EU’s global regulatory influence: processes, mechanisms and examples

IMG-20150122-WA0009Bjorn Kleizen is a junior researcher for the External Effects of EU Law project. He has a background in both European law and public administration and currently focuses on the application of interdisciplinary approaches to the study of EU external relations. His contribution to the output of the project is twofold. Firstly, he has been charged with drafting a working paper outlining the various approaches and concepts that can be used to study external effects of EU law in the early stages of the project. Secondly, he will contribute an article on the export of the EU model to other regional organizations across the globe.

The last version of his working paper, Externalizing EU law, Policy and Values, can be found here.


Machiko Kanetake

Topic: External effects in the area of international peace and securitydr. Machiko Kanetake

Machiko Kanetake is assistant professor of public international law and a coordinator of the master’s program in public international law.

Before joining Utrecht, Machiko has been appointed as a postdoctoral researcher and lecturer at the University of Amsterdam (2011-14). She has also been appointed as a Hauser Visiting Doctoral Researcher (2010-11) of the Global Fellows Program at New York University (NYU) School of Law, a Visiting Researcher (2012) of the University of Sydney, and a Visiting Fellow (2014-2015) at the Human Rights Program, Harvard Law School. Within RENFORCE, Machiko analyzes the interactions between internationalization, and EU law in the field of international peace and security. One of her research projects concerns the analysis of international, EU, and national law on the development,     production, use, and transfer of “dual-use” items. Machiko is also a co-coordinator of the External Effects of EU Law project within RENFORCE.

Papers available on SSRN

List of publications & CV


Urszula Jaramba

Topic: External effects of EU internal market and trade policy.

Urszula Jaremba is an assistant professor of EU law at the Europa Instituut ajaremba-testnd has been working at the department of EU law since February 2015. She studied international relations and European Studies at the Nicolaus Copernicus University in Torun (Poland) and European and international law in Tilburg (the Netherlands). In 2012 she defended her PhD at the Erasmus University Rotterdam where she also worked as an assistant professor of EU law. Urszula teaches various bachelor and master courses on EU law, including Capita Selecta: External Relations of the EU.

Within the context of the External Effects of EU Law project, Urszula will focus on issues of the external dimension of the internal market and the effects of EU trade policy. Urszula is also a co-coordinator of the External Effects of EU Law project within RENFORCE.

 
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