The European Union in International Affairs series

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1 The European Union in International Affairs series The European Union in International Affairs series is institutionally supported by the Institute for European Studies at the Vrije Universiteit Brussels. Series Editors: Sebastian Oberthür is a Professor and Academic Director of the Institute of European Studies, Vrije Universiteit Brussels, Belgium. Knud Erik Jørgensen is a Professor in the Department of Political Science and Government, Aarhus University, Denmark. Alex Warleigh-Lack is Executive Director of the Centre for Research on the European Matrix (CRONEM) and Professor of EU Politics at the University of Surrey, UK. Sandra Lavenex is Professor of International Politics at the University of Lucerne, Switzerland and Visiting Professor at the College of Europe in Natolin (Warsaw). Philomena Murray is Jean Monnet Professor in the School of Social and Political Sciences at the University of Melbourne, Australia. Editorial board: Stephanie Anderson; Ummu Salma Bava; Grainne de Burca; Maurizio Carbone; Eva Gross; Roy H. Ginsberg; Amelia Hadfield; Stephan Keukeleire; Andrés Malamud; Sophie Meunier; Michael H. Smith; Ramses Wessel and Reuben Wong. Thanks to consecutive rounds of enlargement and the stepwise broadening and deepening of internal integration, the EU now undeniably plays a key role in international politics, law and economics. At the same time, changes in the international system continue to pose new challenges to the EU. The range of policies implied by the EU s international actorness grows with every summit, and the EU regularly imports and increasingly exports various policies. Against this backdrop, this book series aims to be a central resource for the growing community of scholars and policy-makers interested in understanding the interface between the EU and international affairs. It will provide in-depth, cutting-edge contributions to research on the EU in international affairs by highlighting new developments, insights, challenges and opportunities. It will encompass analyses of the EU s international role, as mediated by its own Member States, in international institutions and in its strategic bilateral and regional partnerships. It will further examine the ongoing profusion of EU internal policies with external implications and the

2 ways in which these are both driven by and feed back into international developments. Grounded in political science (and its various sub-disciplines, including International Relations and International Political Economy), law, sociology and history, the series reflects an inter-disciplinary commitment. Titles include: Alexander Mattelaer THE POLITICO-MILITARY DYNAMICS OF EUROPEAN CRISIS RESPONSE OPERATIONS Planning, Friction, Strategy Louise van Schaik EU EFFECTIVENESS AND UNITY IN MULTILATERAL NEGOTIATIONS More than the Sum of its Parts? Forthcoming title: Luis Simon GEOPOLITICAL CHANGE, GRAND STRATEGY AND EUROPEAN SECURITY The EU-Nato Conundrum Alex Warleigh-Lack is currently on leave as an editor of the series The European Union in International Affairs series Series standing order ISBN (cased) Series standing order ISBN (paperback) (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England

3 EU Effectiveness and Unity in Multilateral Negotiations More than the Sum of Its Parts? Louise van Schaik Senior Research Fellow, The Netherlands Institute of International Relations Clingendael

4 Louise G. van Schaik 2013 Softcover reprint of the hardcover 1st edition All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6 10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act First published 2013 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number , of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin s Press LLC, 175 Fifth Avenue, New York, NY Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN ISBN (ebook) DOI / This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. 10 Transferred 9 8 to 7Digital 6 5Printing 4 3in

5 Contents List of Figures and Tables Preface and Acknowledgements List of Acronyms vi vii ix 1 Introduction 1 2 Comparing Three Sets of Multilateral Negotiations 16 3 The EU s Effectiveness in International Negotiations 35 4 EU Competence: A Precondition for EU Unity? 54 5 EU Preferences and Socialisation: The Willingness of EU Member States to Unite in International Negotiations 70 6 The EU Negotiating Food Safety Standards 91 7 The EU Negotiating Climate Change The EU: A Healthy Negotiator? A Comparative Analysis Conclusions and Relevance for Institutional Reform Debate 191 Annex Questionnaire That Was Used for the (Semi-Structured) Interviews 211 Notes 214 References 224 Index 237 v

6 Figures and Tables Figures 1.1 Possible relationship between key concepts Findings on the relationship between EU unity and EU effectiveness Findings with regard to EU unity and its constituting factors Findings on the relationship between factors of EU unity and EU effectiveness A summary overview of the relationship between the key concepts 195 Tables 2.1 Overview of cases A summary of key findings in the case studies 166 vi

7 Preface and Acknowledgements Bold claims are sometimes made about European integration being either beneficial or detrimental to EU Member States without this being specified and researched in empirical cases. With this book I hope to contribute to a more informed debate on the relationship between a higher degree of European integration/cooperation in the area of external relations (EU unity) and the EU reaching its objectives in multilateral negotiations. Without having the pretention to settle in full all questions regarding the effectiveness of the EU as an international player, this book provides theoretical thinking and new insights based on case studies with a view to seek improvement to the way the EU operates today. Working on this topic and on the relationship between various concepts has sometimes been challenging, but most of the time it has been a fascinating endeavour. Doing the case study research provided perhaps the most energy, since it generated a lot of new insights and made clear the usefulness of studying this topic for the daily practice of policy-making. At the Netherlands Institute for International Relations Clingendael, being policy-relevant is always the ultimate objective of doing research, and personally I also find it rewarding if my thinking is considered useful to practitioners. I would like to thank my family, friends and colleagues for their encouragement. A special thanks for those policy-makers who accepted to be interviewed for this research, or in other ways provided information and support. Bart Kerremans at Leuven University, Belgium, provided great guidance and inspiration for this work. Thanks also go to Stephan Keukeleire, Frank Delmartino, Jan Orbie, Sophie Vanhoonacker, Edith Drieskens and Tom Delreux for very useful and constructive comments on earlier versions of this manuscript. The same goes to two of the series editors, Knud Erik Jørgensen and Sebastian Oberthür, as well as three anonymous reviewers who vii

8 viii Preface and Acknowledgements provided thought-provoking comments and questions. A final thanks goes to Andrew Baird and Sumitha Nithyanandan at Palgrave for guiding me through the process of publishing this book and helping out with polishing the manuscript. Louise van Schaik, Voorburg/The Hague

9 Acronyms BST Bovine Somatotropin; a hormone used to increase milk production CAC Codex Alimentarius Commission CDM Clean Development Mechanism; a mechanism for emission reduction projects in developing countries. CFSP Common Foreign and Security Policy Codex Codex Alimentarius or Codex Alimentarius Commission CoP Conference of the Parties Coreper Comité des représentants permanents; French acronym for committee of permanent representatives of the Member States to the European Union DG Sanco European Commission s Directorate General for Health and Consumer Affairs DG Trade European Commission s Directorate General for Trade EC European Community; existed until 1 December 2009, when it was replaced by the European Union) ECHR European Convention for the Protection of Human Rights and Fundamental Freedoms ECJ European Court of Justice EEAS European External Action Service EEC European Economic Community; the predecessor of the EC (existed until 1992) EP European Parliament ERTA European Road Transport Agreement; the name of a famous case on EU external representation of the European Court of Justice ETS EU Emissions Trading Scheme EU European Union FAO Food and Agricultural Organization G-20 The premier forum for international economic development between industrial and emerging market countries. ix

10 x List of Acronyms G8 GATS GDP HR/VP IGWG ILO IMF IMO IPCC IPR JECFA JI MGA MRLs NGO ODA OECD PHI PoA QMV QUAD The Group of Eight. Its members are Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United States General Agreement on Trade in Services; agreement of the WTO Gross domestic product EU High Representative of the Union for Foreign and Security Policy; the position is combined with a Vice-Presidency in the European Commission Intergovernmental Working Group International Labour Organization International Monetary Fund International Maritime Organization Intergovernmental Panel on Climate Change Intellectual Property Right Joint FAO/WHO Expert Committee on Food Additives Joint implementation; a mechanism for emission reductions in countries with economies in transition Melengestrol Acetate; a hormone used to improve the efficiency of feed conversion, promote growth, and suppress estrus in female beef cattle Maximum residue limits Non-governmental organization Official Development Assistance Organisation for Economic Cooperation and Development Global Strategy on Public Health, Innovation and Intellectual Property Plan of Action Qualified Majority Voting; voting rule used in the European Union. Under this rule, a simple majority (50% +1) is not sufficient. Under the Lisbon Treaty, a decision will need the support of 55% of Member States representing a minimum of 65% of the European Union s population. A blocking minority must comprise at least four Member States Coalition of countries. Within the WTO the QUAD refers to the United States, Canada, Japan and the European Union. Within the Codex negotiation the QUAD refers

11 List of Acronyms xi R&D REIO/RIO SPS TEC TEU TFEU TRIPS UK UN UNECE UNFCCC US WHA WHO WIPO WPIEI WTO to Australia, Canada, New Zealand and the United States Research and development Regional Economic Integration Organisation/Regional Integration Organisation WTO Agreement on the Application of Sanitary and Phytosanitary Measures Treaty establishing the European Community; this Treaty was replaced in December 2009 by the TFEU Treaty on the European Union Treaty on the Functioning of the European Union; this Treaty replaced the Treaty establishing the European Community from 1 December 2009 Trade-Related Aspects of Intellectual Property Rights; agreement of the WTO United Kingdom United Nations United Nations Economic Commission for Europe United Nations Framework Convention on Climate Change United States World Health Assembly World Health Organization World Intellectual Property Organization EU Council Working Party on International Environmental Issues World Trade Organization