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This chapter evaluates the efficacy of Emulated Guardians, focusing on the EU’s out-of-court dispute settlement bodies (ODSs) and Meta’s Oversight Board, using criteria adapted from Peter Cane’s administrative law framework: rules, authority, and culture. It argues that neither body currently functions as a truly effective adjudicatory overseer of corporate power due to weak mandates and structural limitations. These shortcomings reflect a broader challenge of emulative institutions: they replicate formal structures from public law but lack the enabling sociopolitical contexts—such as democratic rulemaking or judicial authority—that underpin their role models. However, the chapter also identifies the performative potential of these bodies. By leveraging adjudicative symbolism and public expectations, both ODSs and the Oversight Board can incrementally expand their normative authority. This process, while slow and fraught, mirrors historical adjudicative strategies seen in domestic and international courts. Moreover, early practices show potential for innovation, such as integrating large language models into decision-making. By analyzing rules, authority, and culture, the chapter highlights the ambivalence of Emulated Guardians: while they risk becoming ceremonial “accountability theater,” they may also lay the groundwork for meaningful control over powerful private organizations. These findings have implications far beyond content moderation, applying to emerging governance challenges in AI, biotechnology, and other globalized sectors.
This chapter looks at the global picture of migration management and aid. We present the first-ever global estimate of migration management aid from 2002 to 2022. Based on the Organisation for Economic Co-operation and Development (OECD) data on official development aid, we find that states of the Global North spent more than $73 billion on development aid to manage migration within developing countries, increasing from $718 million in 2002 to $8.71 billion in 2022. The United States and EU donated similar levels of migration management aid before 2015, but after 2016 the EU contributed more than 50 percent of all migration management aid every year – reflecting the importance of the EUTF. The top recipients of migration aid were Turkey, Iraq, Syria, the West Bank and Gaza, and Lebanon, which all represent key hosting states for refugees during this twenty-year period. This chapter shows how migration management aid has emerged as a global trend, despite variation in implementation, purpose, and region.
In 2021, Russia and Belarus supplied 41% of EU imports, but following the 2022 invasion of Ukraine and subsequent sanctions, trade with both countries collapsed. EU import demand is estimated by exporting country, and a choke‑price approach is used to recover the trade costs implied by sanctions. The results indicate high implied tariffs on Belarus (43.0%) and Russia (49.4%), while the United States and the rest of the world experienced large implied “subsidies” 70.0%, and 166.2%, respectively. Despite large and statistically significant cross‑price elasticities suggesting substitution toward Ukraine, trade gains accrued primarily to the United States and ROW.
This book examines how European Union (EU) law regulates unhealthy lifestyles, focusing on the consumption of tobacco, alcoholic beverages and foods of poor nutritional quality. The first part of the book clarifies the EU's competences in this field and the content of its policy. It also outlines the main regulatory tools adopted in relation to each of the risk factors covered, such as product bans, labelling requirements or advertising restrictions. The second part of the book explores the fundamental tension between the commodification of these lifestyles and the pursuit of health policy objectives. It addresses two central questions: How does EU law reconcile the goal of creating a market for unhealthy products with that of reducing or eliminating their consumption? And how does EU law balance market uniformity with the diversity and scientific uncertainty inherent in lifestyle practices?
The paper introduces the concept of ‘eco-digital constitutionalism’ to denote one of the latest offsprings of digital constitutionalism that, building on environmental constitutionalism, articulates rights and principles to face the ecological challenges of the digital revolution. We propose this concept as an analytical lens synthesising digital and environmental dimensions to study the response to the specific constitutional challenges of the twin transition: a convergence often overlooked by environmental or digital constitutionalism in isolation. In particular, the article leverages this new concept to investigate the emergence of digital sustainability principles within the EU, positioning the Declaration on Digital Rights and Principles as a catalytic normative blueprint. To contrast the Declaration’s fragmented structure, we develop a typology of three digital sustainability principles. We employ this categorisation as a parameter to conduct a socio-legal study of constitutionalisation of digital sustainability principles across EU member states. By examining a spectrum of sources, including constitutions, ordinary laws, policy documents and digital charters, our empirical findings reveal a process in its infancy, with no formal constitutional recognition and relegated to isolated pieces of legislation. On the contrary, policy documents remain the laboratory of digital sustainability principles, and digital charters display an effort to shift from principles to rights.
This chapter introduces and immerses readers in the ‘Brussels Bubble’, a term encapsulating both the geographic heart of the European Union’s political machinery and its distinctive social and professional ecosystem. Through the daily routine of Jack, a mid-level Irish diplomat, the chapter reveals the rhythms, rituals, and jargon that define life in the European Quarter – where EU institutions, diplomats, lobbyists, and journalists converge. The Bubble is a microcosm of multilingual, multinational exchange, shaped by its own language (‘Bubblespeak’), unwritten rules, and digital habits, from Politico’s influential newsletters to the relentless scroll of Twitter.
The chapter situates the Bubble within the EU’s evolution from a post-war coal and steel community to a unique polity, blending functionalist pragmatism with normative ideals. It introduces the book’s dual focus: first, to chronicle the everyday practices and lived experiences that make the Bubble a world unto itself; second, to explore how digital technologies – smartphones, social media, and virtual meetings – reshape diplomacy, governance, and social hierarchies within this space. By treating Brussels as an ethnographic ‘village’, the authors argue for a grounded, practice-based understanding of international politics, where the digital and the material are increasingly entangled, and where the EU’s future is negotiated not only in meeting rooms but also on screens and in real-time feeds.
Social media giants likeMeta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world – for better or worse. This title is also available as Open Access on Cambridge Core.
Most often the foreign policy of the leaders aligned with the foreign ministers but not always. Many governments in Europe were and are coalitions – some more cohesive than others. It was not unusual for new prime ministers to offer the foreign office role to their greatest rival, in the hope, I assumed, that they would spend their time out of the way. From my point of view, it meant keeping track of the politics in each country – there was always an election somewhere in the EU, and I dealt with ministers from al the political parties and occasionally saw policy shift overnight as a new minister arrived, most often on the Middle East or towards Moscow. Each new minister appearing for their first FAC was subject to a charm offensive from the others, especially those from the same political groupings. It was pretty irresistible to have seven or eight ministers giving a new arrival such attention. Combined with invitations to visit, offers to travel together in a group, it was the perfect example of the EU working as it should.
The press publishers’ right (granted under Art. 15 of the EU’s 2019 Directive on Copyright in the Digital Single Market) equips publishers with a legal basis for negotiations with digital intermediaries. However, the process of bargaining has not been specified by the EU legislator, which left it to the discretion of EU Member States and the market. This chapter examines the four main approaches to the operationalisation of the press publishers’ right in the EU, in contrast with the bargaining framework that has evolved in Australia without the underpinning of a new intellectual property right. It analyses these frameworks from the perspective of ‘bargaining in the shadow of the law’ to understand the relationship between statutory law and private bargaining as mediated by institutional frameworks. By defining and coding key parameters concerning the bargaining parties, their endowments (bargaining chips), measures to mitigate dependencies and the role played by the authority (such as a regulator), the chapter shows that bargaining frameworks sit as complex institutional constraints between pure private ordering and the law. It is the shape of the bargaining framework that matters for the range and frequency of agreements between press publishers and digital platforms.
The European Union stands at a crossroads. Its founding promises of peace, convergence, and multilateralism are increasingly strained by debt, migration, sovereignty, and militarization. The introduction to this Special Issue begins with the question: who is the EU for? To stretch this question analytically we move beyond conventional debates on globalization and sovereignty foregrounding the colonial and racialized conditions that shape European integration. Colonialism, we argue, remains operative, structuring the production of race, racism, and anti-Blackness within and beyond Europe. Drawing on radical traditions of thought on colonialism and anti-Blackness, critical political economy, postcolonial theory, and institutional analysis, the introduction reframes the analytic of who the EU is for by showing how the Union’s commitment to universal values coexists with practices that reproduce hierarchies of life and death. We argue that the EU operates as a form of global power that mobilizes race and racism as constitutive mechanisms of legitimacy, authority, mobility, and value. Contemporary militarization, through defense integration, rearmament, and strategic autonomy, intensifies these dynamics by recoding racial hierarchies as security imperatives. Competing responses, from right-wing sovereign internationalism to left critiques of neoliberalism, rarely confront Europe’s colonial and racialized constitutive role in sustaining global inequalities. These unresolved contradictions and failures open up urgent questions about how Europe’s political and economic order continues to reproduce global hierarchies of power. It is precisely this tension that the special issue takes up, responding by engaging the intertwined colonial and racist projects in the EU. The contributors collectively frame crisis as a key site through which colonial violence is reconfigured, displaced, and normalized in contemporary EU governance. In so doing, they reposition the EU not as a neutral arbiter of order, but as an active geopolitical site where racialized and imperial forms of power are continuously produced, contested, and reimagined.
This Chapter outlines the national legal frameworks for applying security measures by the US, the EU, and BRICS in order to understand the level of securitization of their policy objectives. It focuses on the measures that are or can be applied by the US, the EU, and BRICS in pursuit of their national (regional) security interests and, thus, potentially subjected to security exceptions under international law. Specifically, this Chapter discusses the practice of application of economic sanctions and investment screening mechanisms in those jurisdictions.
The rise of public regulation of private law relationships has resulted in a thorny legal landscape across regulated markets shaped by the complex interplay between multiple actors, including legislators, regulatory agencies, and courts, and fraught with tensions between public and private interests. This chapter sets out the book’s purpose, namely, to offer a new theoretical perspective on the relationship between market regulation and private law that is built on the claim that these two forms of legal discourse are two sides of the same coin that can be reconciled with each other. The chapter explains the background to this study and the research design, focusing on the interaction between EU private law as a subset of market regulation and traditional national private law. It begins with a brief account of the growing role of market regulation in the private law domain and then proceeds to identify the core questions that the collision between market regulation and private law gives rise to, which underlie the book. The chapter further explains the novelty of this work in relation to existing literature on private law and regulation, as well as its approach to the subject.
For many years, political scientists have debated over voter competence in direct democracy. At the core of the discussion is whether this central institution enlightens citizens about political facts. However, scholars have primarily examined if direct democracy fosters general political knowledge even though referendums and ballot initiatives are policy-specific in nature, as citizens vote on particular political proposals. By utilising a range of unique panel survey data collected around four Danish European Union referendums, I show that voters’ knowledge of policy-specific information markedly increased during the campaigns. I also combine the survey data with an original media content analysis and find that the learning of issue-specific facts is more related to the opportunities provided by the media information environment than to individual ability or motivation. These results suggest that a broad group of voters acquire policy-specific facts that help them make informed choices when they are granted full control of political decision-making.
Chapter 3 engages with the thesis that transnationalisation of law has taken place in the development of Internet regulations, since it was invented in the 1990s. Is it true that a transnational law is developing that is largely free from state influence? What does a factual analysis reveal about the relationship between non-state governance and state regulation in addressing pressing social problems related to the ‘network of networks’? How do approaches to content and technology regulation differ between the United States and the EU? Net neutrality serves as a case study for an in-depth examination of the transnationalisation thesis in the context of the technological preconditions of free speech. In addition to the debates on net neutrality in the United States and the EU, this chapter also analyses the debate in India using the example of Meta Free Basics, which illustrates how the actions of large technology companies can lead to restrictions on freedom of expression. Does the history of net neutrality in these three jurisdictions, where regulatory solutions have been found along national territorial lines, confirm that there is a risk of developing a ‘splinternet’ and speak against a transnationalisation of the law?
This chapter examines the relationship of global business and society by examining the historical role of multinational corporations in international market integration. After discussing how multinationals have played a role in integrating international markets since the nineteenth century, it focuses on multinationals and market integration in the European single market, in which multinationals both advocated for and navigated around dimensions of regional market integration. This chapter then considers the contexts of other regional trade agreements, including NAFTA, ASEAN to MERCOSUR/L. Finally, this chapter assesses the impact of multinationals and market integration on society and what backlash against both multinationals and trade frameworks reveals about the social consequences.
The article examines artificial intelligence (AI) narratives of the three most important powers in the emerging global AI order – the US, China, and the EU. It argues that these narratives are central to constructing the meanings ascribed to AI in international politics and therefore to understanding the global competition for AI leadership. Specifically, the article uses a method of narrative analysis to reconstruct the AI narratives of the three powers from government documents and strategy papers. These narratives speak to the worldviews and AI images of the powers, how they view each other’s aspirations and behaviours, and what their objectives and motivations are to engage in AI competition. The relationship between the narratives sheds light on the scope for international AI cooperation and conflict. The results reinforce expectations of an intensifying ‘AI race’ between the US and China for global AI leadership. The EU comes out more as a bystander to this geopolitical competition, but strives to lead the development of international AI norms and standards. The article points to different potentials for cooperation and conflict on different aspects of AI and identifies status-seeking as a possible driver of AI competition.
Denouncing the persistence of nationalist reflexes in order to explain the crisis of European integration is much too simple, as is the critique of a mercantile Europe deprived of solid social and moral foundations. Yet, these interpretations, oversimplified as they are, do point to some aspects of our liberal civilisation, which are under pressure in the current trajectory of developments shaping Europe. Seen as symptoms of a widespread malaise, these perspectives should be taken seriously.
Over the last three decades, European Union regulation of the internal market has become highly pervasive, affecting practically all domains of European citizens' lives. Many studies have focused on understanding the process and causes of regulatory change, but with limited attempts to analyse the more general sources of regulatory reform. This article focuses on the determinants of stability and change in EU regulation. An original dataset of 169 pieces of legislation (regulations, directives and decisions) across eight different sectors is developed and the dynamics of regulatory reform in the EU are analysed. Using time‐series analysis of count data, evidence is found that the number of winning coalitions in the Council and the size of EU membership have a significant impact on regulatory reform in the EU. By contrast, the ideological composition of the EU's legislative bodies is not systematically related to regulatory reform.
This short piece introduces four articles from a roundtable discussion on Small States and the Global Economic Crisis at the 2011 General Conference of the European Consortium of Political Research (ECPR) in Reykjavik Iceland. The discussants were each asked to consider the role of size and EU membership in determining the effect and response of small states to the current economic crisis. The lessons learned from the exchange are conditional: it is very difficult to generalise about the effects of either size or EU membership when considering small states and the global economic crisis.
New divisions have emerged within the European Union over the handling of the recent migration crisis. While both frontline and favoured destination countries are called upon to deal with the number of migrants looking for international protection and better living conditions, no consensus has been reached yet on the quota‐based mechanisms for the relocation of refugees and financial help to exposed countries proposed by the EU. Such mechanisms pose a trade‐off for member states: the EU's response to the crisis offers help to countries under pressure, but it inevitably requires burden‐sharing among all EU members and a limitation of their national sovereignty. Within this scenario, the article compares how public opinion and political elites in ten different EU countries view a common EU migration policy grounded on solidarity and burden‐sharing. By tracing both within‐ and cross‐national patterns of convergence (and divergence), the article shows that contextual factors influence policy preferences, with support for solidarity measures being stronger in countries with higher shares of illegal migrants and asylum seekers. While individuals’ predispositions, identity and ideological orientations account for both masses’ and elites’ attitudes towards burden‐sharing measures, subjective evaluations and beliefs concerning the severity of the crisis provide additional and alternative explanations when looking at the public's preferences. In particular, it is found that concern about the flow of migrants to Europe consolidates the impact of contextual factors, whereas the overestimation of the immigrant population fosters hostility against solidarity measures, with both effects more pronounced as the country's exposure to the crisis increases. In the light of these results, the main implication of this study is that EU institutions have to primarily address entrenched beliefs and misperceptions about immigrants to enhance public support for a joint approach to migration.