EU EU R Rul ule e of Law w Promo moti tion on Abr Abroad - - PowerPoint PPT Presentation

▶
eu eu r rul ule e of law w promo moti tion on abr abroad
SMART_READER_LITE
LIVE PREVIEW

EU EU R Rul ule e of Law w Promo moti tion on Abr Abroad - - PowerPoint PPT Presentation

Oct 23, 2022 534 likes •837 views

EU EU R Rul ule e of Law w Promo moti tion on Abr Abroad oad and nd Its ts Cooperation peration wi with th China ina in th the e Context xt of Interna ernational tional Rul ule e of of Law By ZHANG Jiao Supervised by

slide-1
SLIDE 1

By ZHANG Jiao Supervised by Prof. ZENG Lingliang zjecupl2014@163.com

EU EU R Rul ule e of Law w Promo moti tion

  • n Abr

Abroad

  • ad and

nd Its ts Cooperation peration wi with th China ina in th the e Context xt of Interna ernational tional Rul ule e of

  • f Law
slide-2
SLIDE 2
slide-3
SLIDE 3

Con

  • ntent

ents

 Research question  Structure  Findings  Contributions

slide-4
SLIDE 4

I.

  • I. Rese

esear arch ch Qu Quest estio ion

 Is there any possibility of the cooperation between the EU

and China in the area of the rule of law, which may

  • satisfy the EU policy concerning the rule of law promotion;
  • substantively assist the rule of law process in China;
  • contribute to the building of an international rule of law.

 Justifications:

Difficulties Origin Strategy

slide-5
SLIDE 5

Or Orig igin in of

  • f th

the r e rese esear arch ch que uesti stion

  • n
slide-6
SLIDE 6

Or Orig igin in of

  • f th

the r e rese esear arch ch que uesti stion

  • n

European Foreign Policy Scorecard – Rule of Law and Human Rights in China Year Unity Resources Outcome Total Grade 2014 2/5 2/5 4/10 8/20 C 2013 3/5 3/5 2/10 8/20 C 2012 2/5 1/5 2/10 5/20 D+ 2010/11 2/5 2/5 1/10 5/20 D+

slide-7
SLIDE 7

Or Orig igin in of

  • f th

the R e Rese esear arch ch Qu Quest estio ion

slide-8
SLIDE 8

Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion

Values

Rule of Law Human Rights Democracy Good Governance

slide-9
SLIDE 9

Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion

  • Urfan Khaliq (2008), Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal;
  • Dimitry Kochenov (2007), EU Enlagement and the Failure of Conditionality: Pre-accession Conditionality in the Fields
  • f Democracy and the Rule of Law;
  • Amichai Magen and Leonard Morlino (2009), International Actors, Democratization and the Rule of Law: Anchoring

Democracy?;

  • Sonia Lucarelli and Ian Manners (eds.) (2006), Values and Principles in European Union Foreign Policy.
slide-10
SLIDE 10

Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion

  • Jeff Bridoux and Milja Kurki (2014), Democracy Promotion: A Critical Introduction;
  • Zhang Hua (2010), Ouzhou Lianmeng Duiwai Guanxifa zhong de RenquanTiaokuanWentiYanjiu (Human Rights Clause

in the EU External Relations Law);

  • Kepha Natolooka (2012), The Role of USAID in Promoting Good Governance in Uganda;
  • Thomas Carothers (ed.) (2006), Promoting the Rule of Law Abroad: In Search of Knowledge.
slide-11
SLIDE 11

Str trat ateg egy: y: In Inter erna nati tion

  • nal

al Rul ule e of

  • f La

Law

Categories and Subcategories of UN Rule of Law Activities At the International Level Teaching, dissemination and promotion of international law; Assistance in the domestic implementation of international law; Dispute resolution at the international level; Conflict resolution and transitional justice; At the National Level Strengthening of administrative institutions and public law and governance issues; Administration of justice and law enforcement. Three Main “Baskets” of UN Rule of Law Activity International level UN Charter, multilateral treaties, international dispute resolution mechanisms, the International Criminal Court and advocacy, training and education regarding international law. Conflict and post-conflict situations

  • Transitional justice: national transitional justice consultation processes, truth and reconciliation

processes, reparations, international and hybrid tribunals, national human rights institutions, vetting processes and ad hoc investigations, fact-finding and commissions of inquiry.

  • Strengthening of national justice systems and institutions

Long-term development

  • Strengthen legal and judicial institutions, policing, penal reform, the administration of trust funds and

monitoring.

  • Additional priority areas: customary, traditional and community-based justice and dispute resolution

mechanisms; victim and witness protection and assistance; combating corruption, organized crime, transnational crime and trafficking, and drug control; legal education; public law issues; interim law enforcement and executive judicial functions performed by the UN; and security support to national police agencies

slide-12
SLIDE 12

II II. . Str truc uctur ture

Part I Conceptualizing the rule of law promotion

  • Rule of law promotion

as a phenomenon

  • Rule of law promotion

as a field

Part II Understanding the EU rule of law promotion

  • Rationalistic analysis
  • Policy analysis

Part III Considering the EU rule of law promotion in China

  • China’s specialty
  • EU rule of law

promotion in China: past and future

slide-13
SLIDE 13

III. . Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e

  • f law

w pr promo motion tion

Colonial – legal intervention Liberalization – law and development Democratization – law and democracy Globalization – worldwide political project “human rights advocates believe that the rule of law can prevent and remedy human rights abuses; security analysts believe that establishing the rule of law is crucial to rebuilding states plagued by internecine conflict; development experts assert the rule of law is a critical factor behind economic growth.”

slide-14
SLIDE 14

Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e of law w pr promo motion tion

Thomas Carothers (ed.) (2006), Promoting the Rule of Law Abroad: In Search of Knowledge Per Bergling, Jenny Ederlöf & Veronica L. Taylor (eds.) (2009), Rule of Law Promotion: Global Perspectives, Local Applications Stephen Humphreys (2010), Theatre of the Rule of Law: Transnational Legal Intervention in Theory and Practice Pilippo Fontanelli, Guiseppe Martinico & Paolo Carrizza (eds.) (2010), Shaping Rule of Law through Dialogue: International and Supranational Experience Michael Zürn, André Nollkaemper & Randy Peerenboom (eds.) (2012), Rule of Law Dynamics in an Era of International and Transnational Governance

slide-15
SLIDE 15

Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e of law w pr promo motion tion

What is ‘the rule of law being promoted’?

  • A concept of the rule of law at the national level;
  • Formulated by the joint efforts of donors and the host country,

with full consideration and respect to the host country’s operational contexts;

  • A rule of the law of the host country.

How to promote the rule of law? Strategies

  • A single important objective and ultimate goal;
  • Together with the promotion of other values;
  • For the promotion of other values;
  • As a conditionality.

Scope The concept of ‘the rule of law being promoted’ conceived by the donor. Path Top-down & bottom-up Means Coercive, persuasive, cooperative How to evaluate the rule of law promotion?

  • Public survey and data collection
  • Performance indicators
  • Legal system monitoring
slide-16
SLIDE 16

II II. . Str truc uctur ture

Part I Conceptualizing the rule of law promotion

  • Rule of law promotion

as a phenomenon

  • Rule of law promotion

as a field

Part II Understanding the EU rule of law promotion

  • Rationalistic analysis
  • Policy analysis

Part III Considering the EU rule of law promotion in China

  • China’s specialty
  • EU rule of law

promotion in China: past and future

slide-17
SLIDE 17

Fi Findi ndings ngs – Und Under erstanding standing th the EU e EU rul ule e

  • f law

w pr promo motion tion

Internally Externally Internationally

Normative Civilian Military

slide-18
SLIDE 18

Fi Findi ndings ngs – Und Under erstanding standing th the EU e EU rul ule e

  • f law

w pr promo motion tion

Human rights clause, political dialogue & specific human rights dialogue Common Foreign and Security Policy; Humanitarian Aid CFSP-related rule of law promotion Area of Freedom, Security and Justice AFSJ-related rule of law promotion Development cooperation policy; Economic, financial and technical cooperation with third countries; Common Commercial Policy Development-related rule

  • f law promotion
slide-19
SLIDE 19

II II. . Str truc uctur ture

Part I Conceptualizing the rule of law promotion

  • Rule of law promotion

as a phenomenon

  • Rule of law promotion

as a field

Part II Understanding the EU rule of law promotion

  • Rationalistic analysis
  • Policy analysis

Part III Considering the EU rule of law promotion in China

  • China’s specialty
  • EU rule of law

promotion in China: past and future

slide-20
SLIDE 20

Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na

 China – Rule of Law

  • there are clear signs of the positive transitions of rule of law in China;
  • no longer a country ruled by man, but a country ruled by law, and a country working

for a rule of law;

  • based on its own historical and cultural context.

 China – Foreign Policy

  • increasingly involved in international affairs and participating in global governance;
  • initiatively displaying the country and explaining national policies to the world;
  • innovatively exploring new approaches and channels for conducting foreign affairs.
slide-21
SLIDE 21

Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na

Governance for Equitable Development: Strengthening the Rule of Law and Civil Society Participation in China Use less – judicial restraints

  • n the use of the death

penalty in China

slide-22
SLIDE 22

Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na

1

  • From promotion of ‘the rule of law’ to promotion of ‘a rule of law’;

2

  • From unilateral promotion of the rule of law to bilateral cooperation on the

rule of law; 3

  • From rule of law at the national level to an international rule of law.
slide-23
SLIDE 23

Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na

  • Theoretical development for constructing the rule of law at the international level
  • Implementation and enforcement of international law
  • A more secure and just international society ensured by a sound international rule of

law

Constructing the rule

  • f law at the

international level

  • Knowledge and experience concerning the transnational rule of law promotion
  • Coordination of actions between the EU and China

Promoting the rule of law in third countries

  • Paths and approaches for realizing the rule of law
  • Concept of the rule of law at the national level
  • Bilateral cooperation projects for improving the rule of law situations in China
  • Bilateral cooperation in areas with regards to the EU’s AFSJ policy

Developing the rule of law in China and the EU

slide-24
SLIDE 24

Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na

slide-25
SLIDE 25

IV IV. . Con

  • ntr

trib ibution utions

 Transnational rule of law promotion

  • as a field of study
  • EU-China as a case-study: rule of law from different civilizations

 EU rule of law promotion abroad

  • EU foreign policies concerning the rule of law promotion: as mandated by

Article 21, TEU

 EU-China cooperation on the rule of law

  • scope: in the context of the international rule of law
slide-26
SLIDE 26

Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e of law w pr promo motion tion

Thomas Carothers (ed.) (2006), Promoting the Rule of Law Abroad: In Search of Knowledge Per Bergling, Jenny Ederlöf & Veronica L. Taylor (eds.) (2009), Rule of Law Promotion: Global Perspectives, Local Applications Stephen Humphreys (2010), Theatre of the Rule of Law: Transnational Legal Intervention in Theory and Practice Pilippo Fontanelli, Guiseppe Martinico & Paolo Carrizza (eds.) (2010), Shaping Rule of Law through Dialogue: International and Supranational Experience Michael Zürn, André Nollkaemper & Randy Peerenboom (eds.) (2012), Rule of Law Dynamics in an Era of International and Transnational Governance

slide-27
SLIDE 27

Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion

  • Urfan Khaliq (2008), Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal;
  • Dimitry Kochenov (2007), EU Enlagement and the Failure of Conditionality: Pre-accession Conditionality in the Fields
  • f Democracy and the Rule of Law;
  • Amichai Magen and Leonard Morlino (2009), International Actors, Democratization and the Rule of Law: Anchoring

Democracy?;

  • Sonia Lucarelli and Ian Manners (eds.) (2006), Values and Principles in European Union Foreign Policy.
slide-28
SLIDE 28

IV IV. . Con

  • ntr

trib ibution utions

 Transnational rule of law promotion

  • as a field of study
  • EU-China as a case-study: rule of law from different civilizations

 EU rule of law promotion abroad

  • EU foreign policies concerning the rule of law promotion: as mandated by

Article 21, TEU

 EU-China cooperation on the rule of law

  • scope: in the context of the international rule of law
slide-29
SLIDE 29