The Global Reach of EU Law
Class One
The Global Reach of EU Law
Object of study
Outcomes
Global reach/influence EU
law
• Direct reach
* Influence mediated via
international agreements,
litigation, third country
laws, behaviour firms,
consumers etc
Processes
EU law as an enabler or
constraining factor in
enhancing/restraining the
global reach/influence of
EU law
* Enabling: eg competence
to adopt strict regulations
* Constraining: eg lack of
effective enforcement
capacity
The EU as a Normative Power
Ian Manner, ‘Normative Power Europe: A
Contradiction in Terms?’ (2002) JCMS 235
• Military power
• Civilian power
• Normative power
Normative Power?
‘…normative power of an ideational nature
characterized by common principles and a
willingness to disregard Westphalian
conventions.’ (Manners, p. 239)
‘…ability to define what passes as “normal” in
world politics.’ (Manners, p. 236)
Common Principles (Norms)
• Core Norms
- Peace, liberty, democracy, rules of law, human
rights
• Minor Norms
- Social solidarity, anti-discrimination,
sustainable development, good governance
Beyond Westphalian Conventions
• Pooling sovereignty
• Hybrid polity: intergovernmental and
supranational
• Political-legal constitution beyond the state
• Transnational parliament
Normative Power Europe:
Mechanisms of Diffusion
•
•
•
•
Contagion
Informational
Procedural
Transference (trade/aid drawing on Cremona,
1998)
• Overt diffusion
Normative Power: The Nature of the
Thesis?
• Ontological: ‘The EU can be conceptualized as
a changer of norms in the international
system’
• Positivist: ‘the EU acts to change norms in the
international system’
• Normative: ‘the EU should act to change
norms in the international system’
Normative Power in the EU Treaties?
Art. 3(5) TEU: In its relations with the wider world,
the Union shall uphold and promote its values and
interests and contribute to the protection of its
citizens. It shall contribute to peace, security, the
sustainable development of the Earth, solidarity
and mutual respect among peoples, free and fair
trade, eradication of poverty and the protection of
human rights, in particular the rights of the child, as
well as to the strict observance and the
development of international law, including respect
for the principles of the United Nations Charter.
The Brussels Effect
• Explain what is meant by the de jure and de
facto Brussels Effect
• What are the pre-conditions for this to occur?
• What do you see as the main strengths of
Bradford’s arguments?
• What do you see as the main weaknesses of
Bradford’s arguments?
The Brussels Effect in Context
• Unilateral regulatory globalization vs political
globalization of regulatory standards
(regulatory copoeration)
• Language of diffusion (competition, coercion)
but focus on impact on private actors as well
as third countries and relationship impacts
private actors and third countries
Diffusion and Regulatory Cooperation
Diffusion: [P]olicy diffusion occurs when
government policy decisions in a given [jurisdiction]
are systematically conditioned by prior policy
choices made in other [jurisdictions].’
Regulatory cooperation: ‘…alignment comes about
through a process of negotiation’
(A.R. Young, ‘The EU as a Global Regulator: Context
and Comparison’ (2015) JEPP 1233, p. 1239)
The Brussels Effect in Context
Diffusion
Regulatory Cooperation
(bilateral, regional or
multilateral)
Outcomes
Coercion
Power-based with
exclusion
Protect EU’s regulatory
autonomy
Competition
Power-based without
exclusion
Coordination
Emulation
Rule-mediated
negotiations
Convergence
Learning
Harmonisation
Bilateral/Regional Agreements as a
Source of Normative Power?
B.A.M. Araujo, The EU Deep Trade Agenda: Law
and Policy (OUP, 2015)
Singapore issues: competition, investment,
intellectual property, procurement, trade
facilitation
Main findings?
i) In the main, the EU has sought to expand the
reach of existing international (including
plurilateral) rules rather than EU rules
ii) However, recourse to unilateral rules in IP
(geographical indications, IP enforcement)
iii) Development dimension taken seriously
(some differentiation, policy space, technical
assistance/capacity building varies) but IP
measures sometimes raise concern
Normative Power (Araujo)?
‘The EU has been brought down to earth, and now
increasingly looks just like one economic power
amongst others, jostling for position in international
trade relations’ (p. 237)
• Shift from multilateralism to
bilateralism/regionalism in relation to Singapore
issues
• Market power not normative power –
coercion/competition not dialogue/emulation
• Willing to sacrifice open markets where threatens
competitiveness of EU firms
Tomorrow?
The global reach of EU law: What role for law?
• Extraterritorial Triggers; and
• Territorial Extension