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Christiana Dr. iur. Fountoulakis
Assistant Professor in Private Law, University of Basel

Vesna Lazic
Associate Professor at the Molengraaff Institute for Private Law, Utrecht University and a Senior Researcher at the T.M.C. Asser Institute, The Hague.

Mary E. Vogel
Reader at King's College London.

Ester Herlin-Karnell
Somerville College, University of Oxford. I would like to thank Stephen Weatherill and the anonymous reviewers of this journal for very helpful comments on this paper. The usual disclaimer applies. This paper was completed in March 2008.

Luk Van Langenhove

Daniele Marchesi
Luk Van Langenhove, United Nations University - UNU-CRIS Bruges; Daniele Marchesi, European Commission (at the time of writing, United Nations University - UNU-CRIS Bruges). This article was presented at the international conference “The Lisbon Reform Treaty (and its rejection?): Internal and External Implications”, organized by the Hebrew University, IASEI and CAES in Jerusalem, on 12-14 July 2008.

Maya Sion-Tzidkiyahu
PhD candidate, Department of Political Science and the European Forum, and Jean Monnet Lecturer, Hebrew University, Jerusalem. I would like to thank Guy Harpaz and the anonymous readers for their useful and constructive comments. An early version of this article was presented at the conference The Lisbon Reform Treaty: Internal and External Implications, 13-14 July 2008 in the Hebrew University of Jerusalem. Comments to mayasion@mscc.huji.ac.il are welcomed.

Juan Santos Vara
Associate Professor of Public International Law at the University of Salamanca (Spain). PhD in Law from the University of Salamanca, Master in European Law from the College of Europe (Bruges, Belgium) and Master in European Studies from the University Carlos III of Madrid. He has been a Visiting Fellow at the Harvard Law School, at the Watson Institute for International Studies, Brown University and at the King's College London. The paper was presented at the International Conference on “The Lisbon Reform Treaty: Internal and External Implications,” organized by the Hebrew University of Jerusalem, the Davis Institute for International Relations and the Israeli Association for the Study of European Integration, July 13-14, 2008. The present paper has benefited from the support of the research project: “Las relaciones entre la UE y NU: hacia la defensa del multilateralismo eficaz,” DER2008-05419/JURI, financed by the Spanish Ministerio de Ciencia e Innovación.

Edith Drieskens
Edith Drieskens works at the Institute for International and European Policy at Leuven University, Belgium. A central question in her research is to what degree PA theory can explain the representation and coordination behavior of the EUMS in the UNSC, especially for sanctions decisions. From September through December 2007, she assisted the Belgian UNSC Team, interning at the Permanent Representation of Belgium to the UN. From September 2007 through February 2008, she was also in residence at the Center on International Organization at Columbia University. This article is a revised version of a paper which was presented at the Hebrew University (Jerusalem) on 14 July 2008 at the conference on ‘The Lisbon Reform Treaty: Internal and External Implications’, organized by the Leonard Davis Institute for International Relations, the Hebrew University of Jerusalem, the Israeli Association for the Study of European Integration and the Czech Association of European Studies. The author would like to thank the participants as well as Tom Delreux, Bart Kerremans and Stephan Keukeleire for their comments on the original text.

Guy Harpaz
Jean Monnet Lecturer, Law Faculty and Department of International Relations, Hebrew University of Jerusalem and President of the Israeli Association for the Study of European Integration, gharpaz@mscc.huji.ac.il.

Lior Herman
European Institute, London School of Economics, l.e.herman@lse.ac.uk.
Article

Access_open Introduction: Staying out of court

Journal Erasmus Law Review, Issue 5 2008
Authors René van Swaaningen

René van Swaaningen

Nicholas Dorn
Nicholas Dorn is Professor of International Safety and Governance at the School of Law, Erasmus University Rotterdam.

Judith van Erp
Judith van Erp is senior researcher at the department of Criminology at the School of Law, Erasmus University Rotterdam. She is currently carrying out a research project on naming and shaming, which is funded by the Dutch Council for Scientific Research. The author wishes to thank Henk van de Bunt for his valuable comments on an earlier draft.

Wim Huisman
Wim Huisman is Professor of Criminology at the Vrije Universiteit of Amsterdam.

Monique Koemans
Monique Koemans MA. MSc is a Ph.D. fellow at the University of Leiden.

Willem van Boom

Roger Van den Bergh
Dr. Roger Van den Bergh is Professor of Law and Economics and Director of the Rotterdam Institute of Law and Economics (RILE), School of Law, Erasmus University Rotterdam.

Louis Visscher
Dr. Louis Visscher is Assistant Professor of Law and Economics, Rotterdam Institute of Law and Economics (RILE), School of Law, Erasmus University Rotterdam.
Article

De Europese Commissie en het EU-Raadssecretariaat in het GBVB

Journal Res Publica, Issue 2 2008
Keywords European Commission, Council Secretariat, Common Foreign and Security Policy, Actorness, Treaty of Lisbon
Authors Hylke Dijkstra
AbstractAuthor's information

    For the European Union to exhibit some ‘actorness’ in the world of international relations requires it to have a certain amount of autonomy from its constituent members. This article analyses, in this respect, the degrees of freedom the Council Secretariat and the European Commission enjoy in the context of the CFSP. While this EU policy is generally known to be intergovernmental, both institutions arguably do have some political influence over the substantive outcomes. This is not the result of formal competencies institutionalized in the Treaties, but rather of an accumulated process and content expertise in these institutions, which can be transformed into political influence via informal means.


Hylke Dijkstra
Hylke Dijkstra is promovendus aan de Faculteit der Cultuur- en Maatschappijwetenschappen van de Universiteit Maastricht.
Article

De Europese Unie: een strategische militaire actor?

Tsjaad als testcase

Journal Res Publica, Issue 2 2008
Keywords EU, ESDP, Strategic Culture, Military Strategy, EUFOR Tchad/RCA
Authors Sven Biscop and Alexander Mattelaer
AbstractAuthor's information

    The EU is increasingly developing a grand strategy for framing its external policies in a coherent way. The European Security and Defence Policy offers the EU access to military instruments, enabling it to conduct civilian and military operations. This article investigates to what extent the EU can be qualified as a strategic actor, i.e. having a clear vision of how to act in the security domain and the will to do so. Furthermore, we evaluate whether past practices are leading to the framing of a EU strategic culture. As a test case we offer an in-depth analysis of the planning of EUFOR Tchad/RCA – the most recent and largest autonomous military operation the EU has conducted so far. This shows the progress the EU has made in developing its external posture, but also makes clear there exists a conceptual gap in terms of military strategy, where operational planning remains plagued by ad-hoccery.


Sven Biscop
Dr. Sven Biscop is senior research fellow in Egmont – Koninklijk Instituut voor Internationale Betrekkingen in Brussel en gastprofessor voor Europese veiligheid aan het Europacollege in Brugge.

Alexander Mattelaer
Alexander Mattelaer is als onderzoeker verbonden aan het Institute for European Studies van de Vrije Universiteit Brussel.
Article

Europa en de wereld: de eeuwige machtsvraag

Journal Res Publica, Issue 2 2008
Keywords European Union, EU External Policies, Common Foreign and Security Policy (CFSP), Principal-Agent, Normative Power Europe
Authors Jan Orbie and Sophie Vanhoonacker
AbstractAuthor's information

    This introductory article situates the three contributions to this special issue on ‘Europe and the world’ within the broader academic discussion on the European Union’s (EU) international role. It expands on the two central questions that run as a red line through this issue: what is the role and power of EU level players in the external policymaking process; what kind of power is Europe in the world? The fi rst part focuses on the explanatory power of rational choice theories and more particularly the principal-agent model when trying to understand the power struggle between the European and national level. The second part addresses the question whether the EU constitutes a sui generis type of international actor, as suggested by the Normative Power Europe hypothesis. With the articles in this special issue as a starting point, it points to the promises and pitfalls of the particular approaches for researching Europe’s international role and makes suggestions for future research.


Jan Orbie
Jan Orbie is docent aan het Centrum voor EU-Studies van de Universiteit Gent.

Sophie Vanhoonacker
Sophie Vanhoonacker is bijzonder hoogleraar ‘Administrative Governance’ aan de Universiteit Maastricht.

Linda M. Keller
Associate Professor of Law, Thomas Jefferson School of Law. This essay is based on a more extensive article analyzing the peace versus justice dilemma in the International Criminal Court’s investigation in Northern Uganda. See Linda M. Keller, Achieving Peace with Justice: The International Criminal Court and Ugandan Alternative Justice Mechanisms, 23 CONN. J. INT’L L. (forthcoming Spring 2008). The author would like to thank Professors Mark Drumbl and Beth Van Schaack for their insightful comments. The author also thanks all the members of the TJSL writing group, particularly Professors Anders Kaye and Deven Desai, for their helpful feedback.

Gabriël Oosthuizen
Gabriël Oosthuizen is executive director of International Criminal Law Services Foundation (ICLS), a Hague-based NGO (www.icls-foundation.org).

Robert Schaeffer
Robert Schaeffer is an ICLS assistant. The views expressed in this article are their own, and do not refl ect the views of ICLS.
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