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Rafael Leal-Arcas

This chapter provides an analysis of the tension in the decision-making processes in EU commercial policy. It further provides an analysis of why the EU has been criticized for its commercial policy, for being unable to negotiate without internal agreement, and for being incapable of negotiating with one voice. The chapter focuses on the challenges in attaining a coherent and accountable EU trade policy. EU trade policy would be more coherent if more power were to be given to the European Commission. Thus, the main tension in the EU trade policy decision-making process (efficiency versus accountability) will be analysed. The chapter shows that being more transparent and more internally accountable implies less efficiency in decision-making. It focuses on the difficulties of having unanimity in the EU Council in an enlarged EU of over 30 Member States; thus, the need to have qualified majority vote in the EU Council to avoid a Europaralysis in EU trade policy-making for services trade and the commercial aspects of intellectual property rights.

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Edited by Raymond E. Levitt, W. R. Scott and Michael J. Garvin

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Sergio Montero

Bogotá has become a sustainable urban transport reference for many cities around the world, both in the global North and the South. This chapter shows that the rapid and global circulation of Bogotá’s Bus Rapid Transit (BRT) system Transmilenio and car-free programme Ciclov'a is related to the existence of a set of experts who have persuaded mayors and local leaders around the world to adopt these policies in their home cities rather than to the technical merits of the policies themselves. These experts were able to enact persuasion thanks to a powerful – yet simplified – narrative that linked Bogotá’s urban transformation to these transport policies; a set of artefacts, including videos, photographs and moving quotes, that connected local leaders with the policies in an emotional way; and the building of policy ‘buzz’ and trust between these experts and local leaders that was facilitated through face-to-face encounters in conferences. Thus, the chapter reveals how the mobilisation of simplified stories of urban transformation and development are key actions behind the global circulation of urban policies; how policy learning is not exclusively a rational process but rather one influenced by emotional connection; and how conferences and policy forums are still important arenas where persuasion is enacted.

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The End of Law

How Law’s Claims Relate to Law’s Aims

David McIlroy

The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.
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David McIlroy

Law’s implication in violence cannot be denied. Law employs force in order to enact what it calls justice. The threat of force, both the force exerted by the law and the violence which would exist apart from the law, is essential to law. The regimes which establish legal systems have violent origins. The modern state does not claim a monopoly on violence, rather it subjects all violence within its domain to the requirement of justification. Law promises those who it treats as subjects that its rules are of benefit to them because they will be followed by all those to whom they apply. Those a legal system treats as mere objects, such as chattel-slaves, are not subject to law they are objects of violence. Where the law protects no-one effectively against violence, the legal system has collapsed entirely; the regime is nothing more than a band of robbers

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Rafael Leal-Arcas

This chapter is devoted to judicial enforcement. Thus, the role of the Court of Justice of the European Union (CJEU) as the controller of the institutional balance in EU trade policy is analysed. Issues such as the jurisdiction of the CJEU in international trade and how international agreements in general, and the WTO agreement in particular, affect EU law, will be analysed. An example is the analysis of the famous Hermès International case, which intends to explain the interpretation by the CJEU of a particular mixed agreement. The role of the CJEU in international trade agreements is, inter alia, the monitoring of the vertical division of powers between the EU and its Member States, as well as the horizontal division of powers among the various EU institutions. The main focus of this chapter is to explain why the WTO and the various agreements which form an integral part of the Agreement establishing the WTO raise problems and are challenges for the CJEU.

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Christina Voigt

This chapter describes how the protection and preservation of the natural environment, integrity of ecological systems, and the survival of species are positive conditions for peace and human security. Given the interdependent and complex nature of the global environment, no state alone can effectively protect it. Rather, global cooperative efforts to reach significant concessions on states’ sovereignty to exploit their natural resources are necessary in order to halt, reverse, and prevent environmental degradation. At the same time, environmental protection in order to be a foundation for peace should be aligned with eco-sensitive development needs as aptly expressed in the principle of sustainable development. This chapter gives an overview over the inter-linkages between environmental protection, sustainable development, and peace. It looks at the tools and means of international environmental law in this context and highlights the importance of multilateralism and global cooperation to address these issues. It further looks at the particular example of climate change and the multilateral efforts under the UN to establish a collaborative climate effort—based on global equity and sustainable development.

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Juan Carlos Sainz-Borgo

Juan Carlos Sainz-Borgo discusses the role of education in the creation of a culture of peace, further contemplating the role of law schools, and presents the approach pursued by the University for Peace.

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Rafael Leal-Arcas

In the late 1990s, the EU devoted important efforts to encouraging other countries to launch a comprehensive WTO round. One of the reasons for the EU to favour a more comprehensive and broader agenda was that it believed there would be more opportunities for cross-cutting agreements among sectors. It would also facilitate progress in the negotiations themselves. However, the EU had neither the economic power nor the unity of purpose to replace the US as a leader in the world trading system. Thus, a degree of consensus was necessary between the US and the EU if a new WTO round was to be possible. The US and the EU have both become highly dependent on trade and they both had a shared interest in launching the new WTO Round at Doha.

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Rafael Leal-Arcas

This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.