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1. EU reform is back on the agenda: The many drivers of the new debate on treaty change

Author:
Steffen Müller
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Institutional reform is back on the European Union’s agenda, with the European Parliament, the Commission and large member states like Germany and France all supporting changes to the way the EU operates. While opening the EU treaties is not without political risk and there is still no consensus on doing so among member states, this momentum for reform is unlikely to wane in the near future. There are several reasons for the new reform drive. In particular, reforms are intended to strengthen the EU’s democratic credibility, to prevent institutional erosion in a time of permanent crisis, to make the EU more resilient to blockades by individual governments, and to lay the groundwork for the accession of new member states. While some of the proposed changes could be achieved without treaty change, the number and variety of issues at stake entails the risk of getting bogged down in parallel debates and missing opportunities for package deals. The most efficient way to deal with the EU’s reform needs would therefore be the launch of a treaty convention.
Topic:
Treaties and Agreements, Reform, and European Union
Political Geography:
Europe

2. Rule-Bending Debates in Recent Finnish EU Policy: Pacta Sunt Servanda?

Author:
Saila Heinikoski
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Finnish EU policy line has traditionally been adaptable and compromise-seeking, but recent examples related to the rule-bending of EU law reveal some new tendencies. Finland has stood out from the European mainstream in several cases that relate to the rule-bending of EU law in three different ways: rule-bending by others, collective rule-bending, and its own rule-bending. First, intervening in rule-bending by others has found support in Finnish EU policy. Finland prioritized the rule of law in its 2019 Council presidency, as well as in the Government Report on EU policy published on 28 January 2021. Second, alleged collective rule-bending seems to be linked to the threat of federalism. In negotiations on the recovery and resilience facility in 2020, there was a wide domestic debate on whether the result was consistent with the traditional interpretation of EU treaties. Third, Finland’s own rule-bending of the Schengen Border Code’s six-month limit for internal border controls during the Covid-19 crisis seems to have been quietly accepted, with the Interior Minister acknowledging the existence of an “illegal state of affairs”.
Topic:
Regional Cooperation, Treaties and Agreements, European Union, Rule of Law, Regionalism, and Federalism
Political Geography:
Europe and Finland

3. Turbulence in arms control: Open Skies Treaty became a victim of the great power competition

Author:
Jyri Lavikainen
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Non-compliance and disputes between Russia and the US resulted in the US exiting the Open Skies Treaty. If Russia withdraws in response, European countries will lose an important source of intelligence.
Topic:
Foreign Policy, Diplomacy, Intelligence, and Treaties and Agreements
Political Geography:
Russia, United States, Europe, and North America

4. The Conflict over Aviation Emissions: A Case of Retreating EU Leadership?

Author:
Antto Vihma and Harro van Asselt
Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Notwithstanding the incremental steps taken in October 2013, meaningful action on regulating international aviation emissions through the International Civil Aviation Organisation (ICAO) remains a distant prospect. The European Union (EU) must decide on its aviation Directive without the guarantee of a global market-based mechanism being agreed in 2016. The strong and uncompromising positions of countries opposed to the inclusion of foreign airlines in the EU's emissions trading system (ETS) are more related to a realist game of politics rather than to the design details of the policy instrument. The political and legal arguments against the European Commission's proposal to amend the EU ETS vis à vis aviation emissions are unconvincing. Europe should also insist on its own sovereign rights-such as the right to regulate international aviation in its own airspace-and consider ways of manifesting more assertiveness in the future in order not to create a precedent with the retreat in the Aviation Directive case. Otherwise, the EU ma y become vulnerable to pressure in other areas of regulation with extraterritorial implications, and the EU's credibility when faced with strong and coordinated external influences might be undermined.
Topic:
Climate Change, Health, Treaties and Agreements, and Infrastructure
Political Geography:
Europe

5. Iceland and Europe: Drifting further apart?

Author:
Baldur Thorhallsso and Alyson J. K. Bailes
Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Iceland applied for EU membership in 2009 at the height of the economic crisis. Four years later, a new government has put the application on hold: the majority of Icelanders are opposed to entry, but want to continue the accession process and put the results to a vote. Iceland's longer-standing problems with European integration stem from the issue of sovereignty in general, and maintaining control over fisheries and agriculture in particular. Since 2009, anti-European feelings have been stoked by the 'Icesave' dispute, while the prospective benefits of entry (including use of the euro) have been tarnished by witnessing the fate of other small states during the euro crisis. The new government proposes remaining a member of the EEA and developing relations with other world powers. But the US commitment to Iceland has weakened over the years, and 'rising' powers like China are unable, as yet, to solve the country's core problems. In terms of both its security and its standing within the global economy, Iceland is becoming more rather than less dependent on Europe over time. The question raised by the latest political turn is whether it will have to maintain that relationship from a distance, with limited control and with no guaranteed goodwill.
Topic:
Economics, International Trade and Finance, Political Economy, Regional Cooperation, Treaties and Agreements, and Financial Crisis
Political Geography:
United States and Europe

6. Obama's Climate Policy: Addressing climate change through executive actions

Author:
Anna Kronlund
Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
President Barack Obama's recent action to address climate change indicates that it will be one of the second term's topical questions. The new climate change action plan introduced by Obama in June 2013 is composed of various executive actions and based on three pillars: reducing carbon pollution; leading international attempts to approach climate change; and preparing the US for the effects of climate change. The measures already adopted on climate change provide an opportunity to examine the possibilities that the president has to implement his climate action plan through executive powers without Congress. The decision to advance the political agenda through executive decisions is at least partly attributable to the partisan gridlock currently gripping US politics. The reach and effect of the executive decisions to address climate change outlined in the climate action plan are yet to be determined. The topical question seems to be whether the actions already taken offer hope that the US will reach its target to reduce carbon pollution and slow the effects of climate change, or whether legislative action from Congress will be called for. Although climate change is now being addressed through executive actions that do not require new legislation from Congress, this does not rule out the possibility that legislation will be passed in the future.
Topic:
Foreign Policy, Climate Change, Energy Policy, Environment, Industrial Policy, and Treaties and Agreements
Political Geography:
United States

7. The WTO Under Pressure: Tackling the deadlock in multilateral trade

Author:
Marikki Stocchetti and Johanna Jacobsson
Publication Date:
11-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Multilateral trade liberalisation is in crisis. The WTO's ambitiously named Doha Development Round has been ongoing for more than a decade. Only a few limited issues remain on the negotiation agenda. While the round is being increasingly declared dead even by WTO members themselves, the same countries are concluding deeper trade agreements than ever before. Such progress, however, takes place at the bilateral and regional level. Another major development is the appearance of deep regulatory issues on the trade agenda. The shift from customs tariffs to countries' internal policies requires a certain like-mindedness from negotiation partners and poses challenges for national decision-making policies. Developing countries have gained less from multilateral trade liberalisation than what they had hoped for. The shift towards more fragmented trade regimes makes them even more prone to remain bystanders in global trade. At the WTO's next ministerial conference in Bali, progress on agriculture, trade facilitation and the treatment of the poorest countries would give a much-needed signal that the WTO can still benefit all of its members.
Topic:
Economics, International Cooperation, International Organization, International Trade and Finance, Treaties and Agreements, and World Trade Organization
Political Geography:
Europe

8. Fighting climate change: A structural shift towards renewable energies requires concerted policy action

Author:
Patrick Matschoss
Publication Date:
03-2012
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Renewable energies will be the major contributor to any future low carbon energy system and the share may be as high as nearly 80% of the world's energy supply by 2050. Renewable energies have vast potential but require a set of coherent policies to reach necessary deployment rates, because the market place neither accounts sufficiently for their climate change-related and wider benefits nor for the benefits of technological learning, making them appear less competitive than they really are. Renewable energies can be integrated in all supply systems and end-use sectors but at some point they will require investment and change. In electricity, an enhanced Pan-European network infrastructure (smart grid) would smooth variability and the remaining non-renewable generation capacity would be highly flexible. Energy security would be enhanced by greater efficiency and a broader and less import-dependent energy portfolio with less vulnerability to energy price volatility. Network stability needs to be addressed but some renewable energies are fully dispatchable and part of the solution. The transition to renewable energies is possible and beneficial, not only due to climate change but also because it serves energy security concerns and necessary infrastructure improvements. The EU's proposed long-term strategy concerning emission reductions and competitiveness, as well as the related legislation, is moving in the right direction and it is up to the member states to pick this up and push it forward.
Topic:
Climate Change, Economics, Energy Policy, and Treaties and Agreements
Political Geography:
Europe

9. Great expectations: Understanding why the UN climate talks seem to fail

Author:
Antto Vihma and Harro van Asselt
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Every year, the UN climate negotiations seem to fail the test of saving the global climate in the public eye. The expectations placed on the UN climate regime are simply too high. The great expectations of the UN climate regime—and the subsequent inability to meet them–are damaging, as they resonate with sceptics of international climate policy and UN multilateralism in general. The world has changed since the early 1990s, when post-Cold War optimism provided fertile ground for establishing several environmental regimes. The new geopolitical and domestic realities provide the backdrop for the progress that can be achieved through multilateral climate negotiations. However, the UN climate regime plays a crucial role by catalysing climate action, building a common vision between different states, enhancing transparency, and promoting the diffusion of novel policy ideas and instruments. The role of the UNFCCC could be further strengthened by allowing it to act as an orchestrator which coordinates the array of initiatives.
Topic:
Climate Change, Cold War, Environment, International Cooperation, Treaties and Agreements, and United Nations

10. 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