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THE EUROPEAN UNION IN INTERNATIONAL AFFAIRS
Edited by
Camilla Adelle, Katja Biedenkopf
and Diarmuid Torney
The European Union in International Affairs
Series editors
Sebastian Oberthür
Vrije Universiteit Brussel (VUB), Belgium
Philomena B. Murray
University of Melbourne, Australia
Sandra Lavenex
University of Geneva, Switzerland
This very closely edited volume makes the very first systematic attempt to
catalogue and explain the EU’s efforts to shape environmental quality well
beyond its own borders. By bringing together leading experts on specific
instruments, issues and geographical areas of influence in a unique and
insightful way, it opens up a whole new perspective on the way that the
EU is thought about in international affairs.
—Professor Andrew J. Jordan,
University of East Anglia, UK
The EU plays a critically important role in shaping global environmental
policies but too much writing on the subject is self-congratulatory. This
book offers a systematic and critical assessment of the effectiveness of EU
external policy. It deserves to be read widely.
—Dr Robert Falkner,
London School of Economics and Political Science, UK
Although the European Union (EU) undeniably plays a key role in inter-
national politics, law and economics, it faces serious international and
domestic challenges. The EU remains a key actor in the development of a
number of international policies and as a promoter of effective multilater-
alism. It continues to ‘import’ and ‘export’ both policies and norms. The
EU is also a key interlocutor for states and regional bodies throughout the
world. It may even serve as a reference point for many regions, for policy
design or institutional development. However, changes in the interna-
tional system and various international crises have an impact on the inter-
national role of the EU and its member states, testing the latters’ ability to
act and adapt. Domestically, a persistent set of mutually reinforcing chal-
lenges, ranging from refugees to public debt to the rise of Euro-scepticism,
have serious repercussions for the EU’s international role.
Against this dynamic backdrop, this Book Series aims to be a central
resource for the growing community of scholars and policy-makers who
engage with the evolving interface between the EU and international
affairs. The Series provides in-depth, cutting-edge and original contribu-
tions of world-class research on the EU in international affairs by high-
lighting new developments, insights, challenges and opportunities. It
encompasses analyses of the EU’s international role, as mediated by its
own Member States, in international institutions and in its strategic bilat-
eral and regional partnerships. Books in the series might examine evolving
EU internal policies that have external implications and the ways in which
these are both driven by, and feed back into, international developments.
Grounded in Political Science, International Relations, International
Political Economy, Law, Sociology and History, the Series reflects a com-
mitment to inter-disciplinary scholarship.
We welcome book proposals relating to the changing role of the EU in
international affairs across policies and the Union’s relations with different
parts of the world, as well as relations with states and multilateral institu-
tions. We are interested in research on values and norms, interests and
global governance and welcome both theory-informed studies and studies
comparing the EU with other major global actors. We encourage propos-
als from young and promising scholars, mid-career academics and estab-
lished experts.
European Union
External
Environmental Policy
Rules, Regulation and Governance Beyond Borders
Editors
Camilla Adelle Katja Biedenkopf
University of Pretoria University of Leuven
Pretoria, South Africa Leuven, Belgium
Diarmuid Torney
School of Law and Government
Dublin City University
Glasnevin, Ireland
v
vi FOREWORD
but it was the European Union and its member states that consistently and
successfully developed a truly international diplomacy over the last
decades. Based on the corrections they made to their economic policies,
new less polluting and more sustainable technologies were brought to the
market. In fact, many started to think about ways to prevent the rest of the
world from going through similar polluting phases when they were look-
ing for advice on their economic development.
International environmental negotiations and diplomacy are both a
great opportunity and challenge for any country in the world. For the
European Union, it was even more problematic as its institutions were still
developing over an expanding number of member states. The skilful craft-
ing of outreach strategies, demonstrating leadership and devising means
to improve environmental conditions not only at home but also in remote
places, is indeed not an easy task. The European Union has gradually
become a key international environmental player and, over the past
decades, has improved the ways in which it masters this task. This book
provides an excellent and systematic overview of the plethora of activities
through which the EU conducts its external environmental policy.
Negotiations and agreements are an essential element of the EU’s
international work but by far not the only one. Development cooperation,
trade agreements and policy dialogue are other crucial tools. This book
truly shows the multifaceted ways in which EU external environmental
policy is conducted. In doing so, it goes beyond mere description and
offers an evaluation of efforts. Its core strength is the way in which EU
external environmental policy is approached: from various angles while
conducting a coherent and systematic analysis. The analysis is based on
solid case studies and provides valuable insights.
In a challenging global political context, EU environmental and climate
leadership has become more important than ever. This book makes a con-
tribution to understanding EU leadership. I commend the authors for
their constructive contribution to academic research and policymaking.
This book has benefitted from the support offered by a number of people
and institutions. The authors of this book first met in 2015 at a workshop
on the external dimension of EU environmental policy hosted by the
University of Pretoria in South Africa. It was held under the auspices of
the European Studies Association of sub-Saharan Africa and generously
funded by a European Union Jean Monnet project (553076-EPP-1-
2014-1-ZA-EPPJMO-Project). Discussions at a workshop hosted by the
KFG “The Transformative Power of Europe” at the Free University of
Berlin in April 2013 provided additional initial sparks that led to this book
project.
We would like to thank the authors for remaining enthusiastic and
committed to the project as it moved steadily, if not rapidly, towards this
output as an edited volume. We would also like to thank Imogen Gordon
Clark and Ambra Finotello at Palgrave for their excellent assistance in the
production process, as well as Ciaran O’Driscoll.
Our home universities provided us with the necessary financial and
research support to enable our work on this book. Particular support was
provided by the KU Leuven Research Fund (Bijzonder Onderzoeksfonds
KU Leuven) and the Dublin City University Faculty of Humanities and
Social Sciences Book Publication Scheme.
Finally we would like to acknowledge the influence of Marc Pallemaerts
on our interest in the EU’s external environmental policy. Marc’s early
vii
viii ACKNOWLEDGEMENTS
work in this field was just one of his many contributions to the field of
environmental governance. He is dearly missed.
Camilla Adelle
Katja Biedenkopf
Diarmuid Torney
Contents
Part I Instruments 17
ix
x Contents
Part II Issues 103
17 Conclusions 337
Katja Biedenkopf, Diarmuid Torney, and Camilla Adelle
Index 359
Acronyms
xiii
xiv Acronyms
UN United Nations
UNCCD UN Convention to Combat Desertification
UNDP United Nations Development Programme
UNECE UN Economic Commission for Europe
UNEP United Nations Environment Programme
UNFCCC United Nations Framework Convention on Climate Change
UNFF United Nations Forum on Forests
UNIDO United Nations Industrial Development Organisation
VPA Voluntary Partnership Agreements
WASH Water Sanitation and Hygiene
WATERCLIMA Watershed and Coastal Management in the Context of
Climate Change
WFD Water Framework Directive
WPIEI Working Party on International Environmental Issues
WSSD World Summit on Sustainable Development
WTO World Trade Organisation
WWF World Wildlife Fund
List of Figure and Tables
xvii
CHAPTER 1
Introduction
The global environment is, by many measures, in a perilous state.
Humankind is pushing the earth system beyond safe limits in a variety of
ways, endangering the conditions that supported the development of
human civilizations. According to the “planetary boundaries” framework,
several earth system processes have been pushed beyond—in some cases
well beyond—the safe operating space for humanity. At the global scale,
genetic diversity as well as biochemical flows are rated as “high risks” of
destabilization of the earth system, while climate change and land-system
change are rated as “increasing risk” (Steffen et al. 2015). The extent to
which humankind has altered the bio-geo-physical characteristics of the
D. Torney (*)
School of Law and Government, Dublin City University,
Glasnevin, Ireland
K. Biedenkopf
LINES, University of Leuven, Leuven, Belgium
C. Adelle
Centre for the Study of Governance Innovation, University of Pretoria,
Pretoria, South Africa
earth system has led scientists to christen the current epoch the
Anthropocene, a functionally stratigraphically distinct geological age from
the previous Holocene (Waters et al. 2016).
There are, however, signs of progress in terms of governance responses.
For example, the Paris Agreement on climate change, concluded at the
COP21 climate conference in December 2015, was the first legally bind-
ing global climate change treaty with universal applicability, though par-
ties’ mitigation commitments are not legally binding. Moreover, data from
the International Energy Agency show that, following decades of inexo-
rable rise,1 global CO2 emissions from fossil fuel combustion remained flat
over the years 2014–2016 despite continued growth of the global econ-
omy, indicating a decoupling of CO2 emissions from economic growth
(International Energy Agency 2017). Nonetheless, while growth in annual
emissions may have halted (at least temporarily), atmospheric concentra-
tions of CO2—which ultimately is what matters—continue to rise steadily.
Similar tendencies can be noted in other policy areas. The trade, pro-
duction and use of chemicals have been addressed by a set of international
treaties. However, these treaties have not achieved all of their objectives of
avoiding environmental and health damage. The loss of biodiversity has
been recognized as a global threat, with an international convention—the
Convention on Biological Diversity—negotiated in response. While it
seems likely to have slowed down biodiversity loss, the Convention did
not achieve its initial goal of halting any further loss of biological diversity
by 2010.
Against this backdrop of global ecological strain and partial governance
response, this book charts the role the European Union (EU)2 has played
in shaping environmental policies beyond its borders. Over recent decades,
the EU has developed into an important actor in global environmental
governance. This marks a tremendous development and transformation,
given that the Treaty of Rome establishing the European Economic
Community in 1957 did not even mention the environment as a sphere of
policymaking. As EU environmental policy moved from “incidental”
(Hildebrand 1992) to a “system of environmental governance” (Weale
et al. 2000), EU environmental rules, regulations and objectives have
increasingly impacted not only on its own member states but also on the
wider world.
However, systematic analysis of the EU’s environmental policies has
largely focused on the internal dimension, namely, how the EU pursues its
INTRODUCTION: EUROPEAN UNION EXTERNAL ENVIRONMENTAL POLICY 3
environmental objectives within its own borders (e.g., Jordan and Adelle
2012; Knill and Liefferink 2007). The EU’s external environmental pol-
icy—how it pursues its environmental objectives outside of its borders—
remains comparatively under-researched. Existing academic reflection in
this field has focused principally on the EU’s activities in multilateral envi-
ronmental agreements (MEAs) (e.g., Delreux 2011, 2014; Oberthür and
Groen 2015) and most recently on its role in global climate negotiations
(e.g., Groen and Niemann 2013; Bäckstrand and Elgström 2013; van
Schaik and Schunz 2012). This existing scholarship leaves many unan-
swered questions, which this book seeks to address.
Consideration of the EU’s external environmental policies falls within
the realm of the broader development of a distinctive and visible interna-
tional profile by the EU. It has done so not only through the institution-
alization of its Common Foreign and Security Policy and traditional
external policy areas such as trade and development assistance, but increas-
ingly also through wider policy areas such as environmental, energy and
chemicals policy. The EU’s attempts to build a more visible international
profile have been conceptualized by scholars in various ways, including
normative and civilian power (Manners 2002; Duchêne 1972; Bull 1982),
market and trade power (Damro 2012; Meunier and Nicolaïdis 2006),
international actorness (Jupille and Caporaso 1998; Bretherton and
Vogler 2006) and leadership (Oberthür and Roche Kelly 2008; Parker and
Karlsson 2010; Torney 2015a, b). A relatively new perspective on the
EU’s international relations seeks to explore the external impacts of seem-
ingly internal policy areas as part of a new broader understanding of the
EU’s role in international affairs, and of the EU’s more comprehensive
approach to external relations (Lavanex 2014; Lavenex and Wichmann
2009).
For the purpose of this book, we consider the EU’s external environ-
mental policy to include attempts to transfer the EU’s environmental
rules, regulations and objectives to third countries and international orga-
nizations. As a result, we focus on the EU’s purposeful environmental
activities and not the significant unintentional, sometimes negative, impact
of some of its non-environmental policies, such as the Common
Agricultural Policy, trade, and consumption and production patterns.
However, we do consider explicit, intentional attempts to use some
non-environmental instruments such as trade to achieve environmental
policy goals.
4 D. TORNEY ET AL.
an option, and as one moves further away from the EU’s immediate bor-
ders, this type of external policy becomes a less viable option. This is push-
ing the EU to experiment with other forms of governance, often—but not
always—relying on subtler/softer logics of action such as capacity building
and persuasion. In many cases, a combination of EU instruments is
applied.
This leaves many questions about which instruments of external envi-
ronmental policy, and what combination of these instruments, are used by
the EU to pursue its environmental objectives. In this book, we distin-
guish between three principal governance mechanisms: (a) manipulating
utility calculations, which involves the use of incentives and punishment
such as conditional market access or conditional payments, to push for the
pursuit of environmental policy objectives; (b) capacity building, which
can involve both financial aid and other forms of support such as technical
assistance, training and personnel exchanges and through which the EU
seeks to enable third countries to pursue environmental policy objectives;
and (c) dialogues and negotiations, which entails the use of argumentation
and persuasion to encourage a country to pursue environmental policy
objectives.
This volume characterizes the EU’s external environmental policy
across a diverse range of policies and geographical regions in terms of
these three mechanisms. The chapters consider the conditions under
which the EU resorts to one mechanism or another in particular circum-
stances, and the factors that determine the choice of mechanism in a given
context. They also assess whether the EU pursues these different mecha-
nisms in isolation from one another or in combination, and how the
mechanisms interact with each other in particular circumstances.
climate diplomacy and elaborate upon the factors that influence the effec-
tiveness or otherwise of the EU’s external environmental policies. They
trace the development of the EU’s key institutional mechanism for coor-
dinating environmental and climate diplomacy, the Green Diplomacy
Network. They use the case of EU involvement in the COP21 climate
conference to illustrate how diplomacy matters for effectiveness of EU
external environmental relations. However, they also note that climate
change is a special case of environmental diplomacy due to the very high
global attention it has attracted compared with other environmental issues.
Chapter 4, by Evgeny Postnikov, considers the degree to which the EU
has used preferential trade agreements (PTAs) with multiple countries
across the developing world to further environmental policy objectives.
He argues that these agreements play an important role in the toolkit of
EU external environmental policy instruments by including environmen-
tal standards requiring trading partners to maintain proper levels of envi-
ronmental protection. This chapter offers a much-needed assessment of
the effectiveness of environmental standards in EU PTAs. Postnikov traces
the evolution of the EU’s approach toward environmental provisions,
focussing on their policy mechanisms. He also examines their implementa-
tion in EU PTA partners, assessing government and civil society involve-
ment in this process and pointing to deficiencies of the EU’s approach,
such as their limited scope and soft enforcement.
Chapter 5 focuses on the EU’s track record of integrating, or main-
streaming, environmental objectives into its development policy. Camilla
Adelle, Frederik De Roeck, Sarah Delputte and Sally Nicholson set out the
relevant legal and policy framework before introducing the main policy
instruments into which environmental objectives can be integrated. These
include the Development Cooperation Instrument and the European
Development Fund, as well as the Global Public Goods and Challenges
(GPGC) programme. They examine empirically how effectively environ-
mental integration is implemented in the 2014–2020 development cycle
in Ghana with a specific focus on climate policy integration. Despite
changes to EU development policy and practice over the years, difficulties
still remain in integrating the environment in practice. The authors argue
that environmental objectives can, at times, appear at odds with develop-
ment objectives.
Part II examines some of the most important environmental policy
issues that have been the focus of EU external environmental policy. In
Chap. 6, Sebastian Oberthür, Claire Dupont and Katja Biedenkopf zoom
INTRODUCTION: EUROPEAN UNION EXTERNAL ENVIRONMENTAL POLICY 9
Chapter 12, by Aron Buzogány, looks at the EU’s relations with its
near neighbourhood. The EU places special emphasis on establishing
environmental governance institutions and developing horizontal policy
instruments in this region. Countries that have chosen to engage with
the EU politically, such as Ukraine, Moldova and Georgia, are obliged
through Association Agreements to implement the EU’s environmental
acquis in a stepwise manner. However, Buzogány notes that their incen-
tives to do so are often unrelated to environmental or climate policy but
concern political goals such as access to the European single market or
liberalizing visa regulations with the EU. EU capacity building efforts
place an increased emphasis on the administrative potential of the neigh-
bourhood states to implement international commitments and the inclu-
sion of business actors in the policy process. In parallel, the EU reaches
out to domestic environmental NGOs, which are becoming local trans-
lators of EU rules and can act as watchdogs overseeing the implementa-
tion of these rules.
The African continent is the focus of Chap. 13. Simon Lightfoot and
Camilla Adelle outline the main mechanisms through which the EU pur-
sues its external environmental objectives in Africa, namely, high-level
political dialogue in the form of the Joint Africa-EU Strategy, capacity
building through development projects and programmes and manipulat-
ing utility calculations in the Economic Partnership Agreements. They
show that environment and climate change have become more central in
EU-Africa relations over the last decade. However, they also argue that
the EU’s attempts at pursuing its external environmental policies through
high-level political dialogue have been constrained by many of the same
weaknesses that undermine its wider relationship with Africa. On the other
hand, capacity building appears to have been relatively successful, espe-
cially when aligned with African initiatives and priorities.
Chapter 14, by Diarmuid Torney and Olivia Gippner, examines an
increasingly broad and deep EU relationship with China on environment
and climate change. This has been underpinned, they argue, by the
increased attention paid by China’s political leadership to the ecological
limits of rapid economic growth. As this concern has grown, China’s lead-
ers have looked beyond their borders for solutions. They argue that China
has looked to—and adopted—European-inspired environmental policies
and institutions. However, they also note that the EU is not the only game
in town. Other non-European actors have also played prominent roles in
China. Furthermore, European-inspired policies have been modified,
12 D. TORNEY ET AL.
Answer
367.
Convert the following into a couplet, perfect in rhyme and rhythm,
without adding or omitting a single letter:
Answer
368.
One and the same word of two syllables, answers each of the
following triplets:
I. MY FIRST springs in the mountains;
MY SECOND springs out of the mountains;
MY WHOLE comes with a spring over the mountains.
Answer
369.
370.
Answer
371.
Answer
372.
My FIRST is a little river in England that gave name to a
celebrated university; my SECOND is always near; my THIRD sounds
like several large bodies of water; and my WHOLE is the name of a
Persian monarch, the neighing of whose horse gave him a kingdom
and a crown.
Answer
373.
Answer
374.
Answer
375.
A DINNER PARTY.
THE GUESTS,
(See Key.)
PARADOXES.
1st. Polus instructed Ctesiphon in the art of pleading. Teacher
and pupil agreed that the tuition-fee should be paid when the latter
should win his first case. Some time having gone by, and the young
man being still without case or client, Polus, in despair of his fee,
brought the matter before the Court, each party pleading his own
cause. Polus spoke first, as follows:
“It is indifferent to me how the Court may decide this case. For, if
the decision be in my favor, I recover my fee by virtue of the
judgment; but, if my opponent wins the case, this being his first, I
obtain my fee according to the contract.”
Ctesiphon, being called on for his defense, said:
“The decision of the Court is indifferent to me. For, if in my favor, I
am thereby released from my debt to Polus. But, if I lose the case,
the fee cannot be demanded, according to our contract.”
2d. A certain king once built a bridge, and decreed that all
persons about to cross it, should be interrogated as to their
destination. If they told the truth they should be permitted to pass
unharmed; but, if they answered falsely, they should be hanged on a
gallows erected at the centre of the bridge. One day a man, about to
cross, was asked the usual question, and replied:
“I am going to be hanged on that gallows!”
Now, if they hanged him, he had told the truth, and ought to have
escaped; but, if they did not hang him, he had “answered falsely,”
and ought to have suffered the penalty of the law.
PART II.
When Hood and his family were living at Ostend for economy’s
sake, and with the same motive Mrs. Hood was doing her own work,
as we phrase it, he wrote to a friend in England: “Jane is becoming
an excellent cook and housemaid, and I intend to raise her wages.
She had nothing a week before, and now I mean to double it.”
CLUBS.
If any man loves comfort and
Has little cash to buy it, he
Should get into a crowded club—
A most select society!
OTHER WORLDS.
Mr. Mortimer Collins indulges in sundry very odd speculations
concerning them.
STILTS.
ETIQUETTE OF EQUITATION.
When a gentleman is to accompany a lady on horseback,
1st. There must be two horses. (Pillions are out of fashion, except
in some parts of Wales, Australia and New Jersey.)
2d. One horse must have a side saddle. The gentleman will not
mount this horse. By bearing this rule in mind he will soon find no
difficulty in recognizing his own steed.
3d. The gentleman will assist the lady to mount and adjust her foot
in the stirrup. There being but one stirrup, he will learn upon which
side to assist the lady after very little practice.
4th. He will then mount himself. As there are two stirrups to his
saddle, he may mount on either side, but by no means on both; at
least, not at the same time. The former is generally considered the
most graceful method of mounting. If he has known Mr. Rarey he may
mount without the aid of stirrups. If not, he may try, but will probably
fail.
5th. The gentleman should always ride on the right side of the lady.
According to some authorities, the right side is the left. According to
others, the other is the right. If the gentleman is left handed, this will of
course make a difference. Should he be ambidexter, it will be
indifferent.
6th. If the gentleman and lady meet persons on the road, these will
probably be strangers, that is if they are not acquaintances. In either
case the gentleman and lady must govern themselves accordingly.
Perhaps the latter is the evidence of highest breeding.
7th. If they be going in different directions, they will not be
expected to ride in company, nor must these request those to turn and
join the others; and vice versa. This is indecorous, and indicates a
lack of savoir faire.
8th. If the gentleman’s horse throw him he must not expect him to
pick him up, nor the lady; but otherwise the lady may. This is important
to be borne in mind by both.
9th. On their return, the gentleman will dismount first and assist the
lady from her horse, but he must not expect the same courtesy in
return.
N. B.—These rules apply equally to every species of equitation, as
pony riding, donkey riding, rocking horse riding, or “riding on a rail.”
There will, of course, be modifications required, according to the form
and style of the animal.