In EU Peacebuilding in Kosovo and Afghanistan: Legality and Accountability Martina Spernbauer offers a comprehensive account of the EU's peacebuilding toolbox in light of the Union's constitutional architecture under the Treaty of Lisbon. A detailed analysis of EU peacebuilding in Kosovo and Afghanistan, with a focus on the security and justice sectors, demonstrates that the Union's continuous dichotomy between the Common Foreign and Security Policy (CFSP) and other Union policies is difficult to maintain for this multi-faceted, comprehensive policy framework, which lies at the interface of security, justice and development. Within this analysis, the central questions of compliance of EU external action with international law and international human rights law in particular under CFSP, as well as accountability towards third countries and their nationals are addressed.
In June 1999, after three months of NATO air strikes had driven Serbian forces back from the province of Kosovo, the United Nations Security Council authorized creation of an interim civilian administration. Under this mandate, the UN was empowered to coordinate reconstruction, maintain law and order, protect human rights, and create democratic institutions. Six years later, the UN's special envoy to Kosovo, Kai Eide, described the state of Kosovo: "The current economic situation remains bleak.... respect for rule of law is inadequately entrenched and the mechanisms to enforce it are not sufficiently developed.... with regard to the foundation of a multiethnic society, the situation is grim."In Peace at Any Price, Iain King and Whit Mason describe why, despite an unprecedented commitment of resources, the UN Mission in Kosovo (UNMIK), supported militarily by NATO, has failed to achieve its goals. Their in-depth account is personal and passionate yet analytical and tightly argued. Both authors served with UNMIK and believe that the international community has a duty to intervene in regional conflicts, but they suggest that Kosovo reveals the difficult challenges inherent in such interventions. They also identify avoidable mistakes made at nearly every juncture by the UN and NATO. We can be sure that the international community will be called on to intervene again to restore the peace of shattered countries. The lessons of Kosovo, cogently presented in Peace at Any Price, will be critically important to those charged with future missions.
In The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the legal framework for the EU’s military crisis management operations.
This book examines the European Union’s everyday statebuilding practices, using the case of Kosovo as an example of how it uses informal practices to influence local actors. The objective of the book is to explain how the EU operates as a statebuilding actor in the everyday context, outside its zone of comfort. It illustrates the EU’s dynamics of dealing with the local actors through everyday practices, which are understood as informal means or practices of interaction with the local actors in the framework of three key issues of relevance for statebuilding process for the EU: rule of law, reforming public administration and resolving bilateral disputes. The book shows how the EU utilizes everyday practices to influence decision-making process on the part of the government in order to ensure a particular outcome, be that diffusing a norm or promoting its own interests; in doing so, it gives an important insight into what these interests actually are in practice. In providing an insight into how the EU works as a statebuilding actor in practice in the everyday context, it unmasks factors that facilitate the EU’s influence on other countries that it considers to be ‘ailing’, such as Kosovo, in order to secure desired behaviours, decisions, and actions on the part of the local government. It also unmasks the EU’s commitment to being an ethical actor by unearthing practices that undermine local agency, the practical intentions of the EU’s statebuilding intervention approaches, and the reality that hides behind the façade of public statements on the part of the EU and the local government. In doing so, the book provides a new way to look at the EU as a statebuilding actor. This book will be of interest to students of statebuilding, EU policy, Balkan politics and, International Relations.
Establishes a framework for analyzing and assessing the accountability mechanisms of international organizations, and applies it to three case studies.
The Common Foreign and Security Policy (CFSP) of the European Union is a highly exceptional component of the EU legal order. This constitutionalised foreign policy regime, with legal, diplomatic, and political DNA woven throughout its fabric, is a distinct sub-system of law on the outermost sphere of European supranationalism. When contrasted against other Union policies, it is immediately clear that EU foreign policy has a special decision-making mechanism, making it highly exceptional. In the now depillarised framework of the EU treaties, issues of institutional division arise from the legacy of the former pillar system. This is due to the reality that of prime concern in EU external relations is the question of 'who decides?' By engaging a number of legal themes that cut across foreign affairs exceptionalism, executive prerogatives, parliamentary accountability, judicial review, and the constitutionalisation of European integration, the book lays bare how EU foreign affairs have become highly legalised, leading to ever-greater coherence in how Europe exerts itself on the global stage. In this first monograph dedicated exclusively to the law of the EU's Common Foreign and Security Policy in modern times, the author argues that the legal framework for EU foreign affairs must adapt in a changing world so as to ensure the EU treaties can cater for a more assertive Europe in the wider world. Cited in Opinion of Advocate General Evgeni Tanchev, Case C-730/18 P, SC v Eulex Kosovo, ECLI:EU:C:2020:176, Court of Justice of the European Union (First Chamber), 5 March 2020; Opinion of Advocate General Gerard Hogan, Case C-134/19 P, Bank Refah Kargaran v Council of the European Union, ECLI:EU:C:2020:396, Court of Justice of the European Union (Grand Chamber), 28 May 2020; Opinion of Advocate General Evgeni Tanchev, Case C-283/20, CO, ME, GC and 42 Others v MJ (Head of Mission), European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo, ECLI:EU:C:2021:781, Court of Justice of the European Union (Fifth Chamber), 30 September 2021; and, Opinion of Advocate General Tamara Capeta in Joined Cases C-29/22 P and C-44/22 P, KS, KD v Council of the European Union, European Commission, and European External Action Service (EEAS), and European Commission v KS, KD, Council of the European Union, and European External Action Service (EEAS), ECLI:EU:C:2023:901, Court of Justice of the European Union (Grand Chamber), 23 November 2023.
This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
This book examines how the different normative foundations of conflict resolution held by various global actors, their understandings of justice, and the differences between types of conflict influence the varying means by which conflicts can be prevented, managed, and ultimately resolved. By combining insights from political theory, conflict studies, and European Union (EU) foreign policy studies, the book identifies the EU as the key case of a conflict manager that is both a product and a defender of a global liberal order. It focuses on three aspects of conflict resolution that pose their own sets of both normative and empirical dilemmas: resolving border disputes; strengthening the resilience of weak or divided states and societies after regime change, and intervention in humanitarian crises. Furthermore, it offers a comparative analysis between a potentially distinctive European approach and that of other global actors and reflects critically on situations where policy practice may not always reflect a concern for justice, asking what countervailing forces prevail and why. This book will be of key interest to scholars and students in European and EU Studies, Area studies, Conflict Resolution, War Studies, EU Foreign Policy Political Theory, International relations as well as policymakers.
This book explores the role of actors in determining transitional justice in peacebuilding contexts. In recent decades, transitional justice mechanisms and processes have been introduced to a variety of settings, becoming widely regarded as essential elements in the ‘peacebuilding toolbox’. While it has increasingly been suggested that transitional justice is imposed by neo-imperial actors with little regard for the needs and cultures of local populations, evidence suggests that dismissing these policies as neo-imperial or neo-liberal impositions would result in grossly overlooking their dynamics, which involve a whole range of relevant actors operating at multiple levels. This book interrogates this theme through empirical analysis of three sites of peacebuilding that have seen extensive international involvement: Kosovo, East Timor and Afghanistan. It proposes a novel framework for analysing and approaching transitional justice in peacebuilding that disaggregates three broad sets of actors operating at different levels in relevant processes: external actors (international and regional levels), transitional justice promoters (local, national, international and transnational levels), and transitional regimes (national and local levels). The book argues that transitional justice in peacebuilding must be conceived of as actor-contingent and malleable due to the significance of agency and (inter)actions of key categories of actors throughout peacebuilding transition. This book will be of interest to students and practitioners of transitional justice, peacebuilding, law, and International Relations.
