1 - The EU as an International Actor in Trade, Climate and Investment Regimes

Question 1

What topics does this lecture about the EU as an international actor touch upon? (3)

Answer 1

1/ nature and role of EU as international actor in areas of trade, climate and investment

2/ EU main constitutional and policy objectives in these areas

3/ means by which EU seeks to achieve these objectives

Question 2

What does IPCC Synthesis Report of 2023 expose? (5)

Answer 2

1/ continued increase in GHG emissions

2/ global warming is 1.1°C above pre-industrial levels

3/ heatwaves, heavier rainfall and other weather extremes

4/ food and water insecurities

5/ emissions should be decreasing now and will need to be cut almost half by 2030 if warming is to be limited to 1.5°C

Question 3

What are downsides of relying on data regarding emissions per capita? (5)

Answer 3

1/ does not take into account historical emissions

2/ individualising the problem?

3/ does not include companies

4/ may lead to carbon leakage

5/ redistributive effect

Question 4

What is a main difficulty and problem today regarding carbon emissions? (2)

Answer 4

1/ what is a fair share in the carbon budget?

2/ how can we distribute emissions fairly among all?

Question 5

What has a tremendous impact on the reduction of carbon emissions? (2)

Answer 5

1/ the rate at which we chose to reduce emissions

2/ linked to choice of budget and trajectory

Question 6

Considerations on EU objectives regarding climate change, trade and investment? (2)

Answer 6

1/ EU wishes to be a global leader regarding climate change

2/ appears to support theory of win-win of climate goals and economic growth

Question 7

What are examples of international initiatives regarding regulation of envt and role EU (failure, success)? (3)

Answer 7

1/ Copenhagen 2009: failure

2/ Paris 2015: triumph

3/ Sharm el-Sheikh 2022: unclear, mixed feelings

Question 8

EU approach and consequences at Copenhagen in 2009? (4)

Answer 8

1/ EU wanted a top-down approach with centralised mechanism for distribution of mitigation measures

2/ EU in favor of global rules-based system and multilateralism

3/ but ultimate failure of EU to exercise global leadership

4/ EU put itself into a straightjacket and was unable to move away from the polycentric position agreed upon in Brussels

Question 9

Why can Paris 2015 be considered a triumph? (3)

Answer 9

1/ adoption of NDCs

2/ aims and objectives of EU seemingly shifted, prevalence of sovereignty

3/ now, only normative expectation that States will avoid crossing a certain amount of emissions but no binding obligation to do so

Question 10

To what extent can Sharm el-Sheikh 2022 be considered a success? What are criticisms? (4)

Answer 10

1/ adherence to idea of Carbon Capture and Storage (CCS)

2/ in favor of continuing current lifestyles and trust in dvpt of future technical solutions to solve pbs generated by global warming

3/ new commitments on financial loss and damage: both mitigation and adaptation via Loss and Damage Fund

4/ big criticism linked to fact that leader of talks was president of big fossil fuel company

Question 11

What are institutions and instruments for global climate governance? (7)

Answer 11

1/ UNFCCC (approx. 200 States parties)

2/ COPs

3/ IPCC

4/ Paris Agreement (2015)

5/ Glasgow Climate Pact (2021)

6/ Kyoto Agreement (1997)

7/ NDCs

Question 12

Examples of international governance failures in areas of climate, trade and investment? (4)

Answer 12

1/ WTO

2/ UNCLOS

3/ UN

4/ 2030 UN Sustainable Dvpt Agenda (SDA) = utopia?

Question 13

Why can WTO be considered as global governance failure? (4)

Answer 13

1/ inability to reach new agreements

2/ failure DS system

3/ pressure on idea that trade leads to democracy and well-being

4/ current WTO system does not take into account externalities of trade (planetary boundaries to ever more trade?)

Question 14

Why can UNCLOS be considered a global governance failure? (2)

Answer 14

1/ although compulsory adjudication to enforce LOS

2/ failure as UN body to seriously counter ocean acidification and plastic continents

Question 15

Why can UN be considered a global governance failure?

Answer 15

Inability to uphold system of international peace and security it is set out to achieve

Question 16

Why can 2030 UN SDA be considered an utopia? (4)

Answer 16

1/ cf also ICESCR, ICCPR, papers with statements of intention

2/ no universal application

3/ no compelling enforcement mechanisms

4/ ultimate failure to install a system of rights which effectively functions

Question 17

What does Prof. Eckes suggest in response to global governance failures? (2)

Answer 17

1/ move to the more local

2/ take back some form of local political control

Question 18

What are major EU policies in area of climate, trade and investment? (4)

Answer 18

1/ Emission Trading System (ETS)

2/ EGD

3/ string of legislative acts and proposals

4/ narrow focus on sectors, what is the role of public authorities and money?

Question 19

What does ETS consist of? (5)

Answer 19

1/ system based on allowances to emit GHG

2/ market-based system: allowances can be traded

3/ allowances linked to size of industry

4/ when there is an allowance overflow, prices go down => does this encourage emissions?

5/ ETS depicts EU idea that market is central and essential

Question 20

Considerations on EGD? (4)

Answer 20

1/ commitment to leading the EU to an envtal and political transition

2/ contains high-flying policy goals

3/ EC proposals for legislation putting policy goals into effect

4/ aim: cut of 55% emissions by 2030, climate neutrality in 2050

Question 21

What is the legal context of EU trade agreements? (4)

Answer 21

1/ Arts. 3(5) TEU, 21 TEU

2/ Arts. 207, 218 TFEU

3/ exclusive EU competence for CCP

4/ shared competence for ISDS

Question 22

What do Arts. 3(5) TEU and 21 TFEU enshrine? (5)

Answer 22

1/ constitutional commitments

2/ to contribute to SD

3/ to eradicate poverty

4/ to contribute to IL

5/ multilateralism

Question 23

What do Arts. 207 and 218 TFEU touch upon? (3)

Answer 23

1/ relevant to understand how international agreements are concluded

2/ much more technical

3/ NB: starting point for any EU action is always competence and pcple of conferral

Question 24

Considerations on TSD chapters? (6)

Answer 24

1/ in substance, TSD chapters do very little in terms of really advancing normative commitments

2/ reaffirm existing commitments

3/ no enforcement mechanisms

4/ civil society consultations

5/ economic framework with sustainable decoration?

6/ no trade-offs necessary?

Question 25

What is central argument of Brussels Effect theory? (2)

Answer 25

1/ EU ability to export norms when certain conditions are met

2/ i.e. external effects of EU internal action, influencing actors abroad

Question 26

What are main conditions of Brussels Effect theory? (4)

Answer 26

1/ market size, GDP, population

2/ regulatory capacity, stringent rules

3/ inelastic targets, consumers

4/ non-divisible production, single standard

Question 27

What is a downside of NPE and Brussels Effect? (4)

Answer 27

1/ EU influence in the world relies upon market access

2/ no EU military power, democracy

3/ EU legitimacy?

4/ EU not a democratic but purely economic force?

Question 28

Considerations regarding sustainability, democracy and corporate capture? (2)

Answer 28

1/ criticism regarding sponsorships of rotating presidencies Council of the EU: often big transnational companies

2/ questions and pbs regarding lobbying in Brussels: NGOs disproportionately little in comparison to industry representatives

Question 29

What is an example of concerns related to sustainability, democracy and corporate capture?

Answer 29

Car industry’s interests derailing EU climate action via Germany (opposition to elimination of combustion engine cars in 2035)

Question 30

Discussion points for lecture on role EU as international actor on climate, trade and investment topics? (3)

Answer 30

1/ is EU leading by example or on basis of stick and carrot approach?

2/ is EU leading at all?

3/ legitimacy of the process and outcome