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The Politics of Ratification of EU Treaties
Since its inception, the European Union (EU) has revised its foundational treaties several times, resulting in national ratification processes involving different actors, with varying success. This book focuses on the politics of ratification of EU Treaties and reviews the processes of ratification of EU primary legislation.
Existing research and academic debate on EU constitutional politics have almost exclusively focussed on negotiation of new treaties and their institutional setting. However, this book explains how the result of ratification was achieved, and analyses the strategy that actors pursue across Europe. Ratification of the Treaty of Maastricht and the EU Constitution failed totally, whilst other ratification can be considered partial failures such as the Irish Nice and Lisbon referendums. As the EU Constitution has proved, the ratification process may have deep effects unforeseen during the processes of negotiation. In recent years, ratification has produced some of the most intense debates on national membership of the EU and the EU itself.
The Politics of Ratification of EU Treaties will be of interest to students and researchers of European Studies, European Union studies, European Union Law and European Union Politics.
eBook
Forced to Be Good
Preferential trade agreements have become common ways to protect or restrict access to national markets in products and services. The United States has signed trade agreements with almost two dozen countries as close as Mexico and Canada and as distant as Morocco and Australia. The European Union has done the same. In addition to addressing economic issues, these agreements also regulate the protection of human rights. InForced to Be Good, Emilie M. Hafner-Burton tells the story of the politics of such agreements and of the ways in which governments pursue market integration policies that advance their own political interests, including human rights.
How and why do global norms for social justice become international regulations linked to seemingly unrelated issues, such as trade? Hafner-Burton finds that the process has been unconventional. Efforts by human rights advocates and labor unions to spread human rights ideals, for example, do not explain why American and European governments employ preferential trade agreements to protect human rights. Instead, most of the regulations protecting human rights are codified in global moral principles and laws only because they serve policymakers' interests in accumulating power or resources or solving other problems. Otherwise, demands by moral advocates are tossed aside. And, as Hafner-Burton shows, even the inclusion of human rights protections in trade agreements is no guarantee of real change, because many of the governments that sign on to fair trade regulations oppose such protections and do not intend to force their implementation.
Ultimately, Hafner-Burton finds that, despite the difficulty of enforcing good regulations and the less-than-noble motives for including them, trade agreements that include human rights provisions have made a positive difference in the lives of some of the people they are intended-on paper, at least-to protect.
eBook
Treaties as Sources of Public Law
Introduction: the contractual form of regulating the relations which is specific for private law has recently been widely used for the registration of public relations. Despite this, today the place of treaties among the sources of public law is not clearly defined; therefore, the author sets the goal to study the treaty as a source of public law. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main are the methods of consistency, analysis and comparative law. Results: proved in the work the author’s point of view is based on the legislation and of the competent academic community’s opinions of the issue of the criteria of the treaty as a source of public law. The issues of legal impact on treaties, as well as the advantages of the treaty over other sources of public law are raised. Conclusions: the study revealed the need to develop a universal definition of the law treaty, to sufficiently study both the theory of the treaty and the theory of the legal act as a whole, as well as to publish the law on normative legal acts, which will include the relevant provisions.
Journal Article
Unraveling the Gray Area Problem
In Unraveling the Gray Area
Problem , Luke Griffith examines the US role
in why the Intermediate-Range Nuclear Forces (INF) Treaty took
almost a decade to negotiate and then failed in just thirty
years. The INF Treaty enhanced Western security by
prohibiting US and Russian ground-based missiles with maximum
ranges of 500 to 5,500 kilometers. Significantly, it eliminated
hundreds of Soviet SS-20 missiles, which could annihilate targets
throughout Eurasia in minutes. Through close scrutiny of US theater
nuclear policy from 1977 to 1987, Griffith describes the Carter
administration's masterminding of the dual-track decision of
December 1979, the North Atlantic Treaty Organization (NATO)
initiative that led to the INF Treaty. The Reagan administration,
in turn, overcame bureaucratic infighting, Soviet intransigence,
and political obstacles at home and abroad to achieve a
satisfactory outcome in the INF negotiations.
Disagreements between the US and Russia undermined the INF
Treaty and led to its dissolution in 2019. Meanwhile, the US is
developing a new generation of ground-based, INF-type missiles that
will have an operational value on the battlefield. Griffith urges
policymakers to consider the utility of INF-type missiles in new
arms control negotiations. Understanding the scope and consistency
of US arms control policy across the Carter and Reagan
administrations offers important lessons for policymakers in the
twenty-first century.
eBook
