Browsing by master's degree program "Master's Programme in Global Governance Law"

Migration policy in the European Union as it has evolved from the post WWII era, has caused the external border of the EU to shift. European Member States have simultaneously been eager to adopt measures curbing irregular migration and been uninterested or reluctant to adopt measures on regular migration, even though hardening external border management has no effect on the number of irregular migrants entering EU territory. Securitization in tandem with the ever-increasing criminalisation of migration in the EU has given rise to the present modus operandi of the violent EU border regime, materialized in the externalisation of migration. This thesis examines this evolution by answering the question of how the criminalisation of migration manifests itself as externalized migration management while also scrutinizing the history of EU migration management and border policy. Today, made possible by the evolution of EU border policy in inter alia the Tampere-, Hague-, and Stockholm Programmes, the Frontex regime and ECtHR caselaw, the militarized border and migration measures have become the new normal. This thesis, highlighting this through examples of Finland, Frontex, and Italy, shows that the status quo of EU border management has evolved into what Juliet Stumpf in 2006 described as ‘crimmigration’, where migrants exist in a constant state of either illegality or criminality, or both. In unearthing the quasi-legal or legal-ized nature of illegal border policies such as pushbacks, this thesis illustrates the interdependent relationship of securitization, criminalisation and externalisation; and illuminates how the criminalisation of migration, the securitization of migration and the externalisation of migration work (in)dependently of each another.

This Thesis examines the impact of Multinational Corporations (MNCs) on global governance, focusing on Corporate Social Responsibility (CSR) and Human Rights Due Diligence (HRDD). In the globalized world, MNCs have gained significant social power and influence, which they may utilize to advance their business interests at the cost of human rights through global governance. Simultaneously, they may seek to evade their social responsibilities and act with impunity without accountability mechanisms under the voluntary, self-regulated CSR regime. The primary research question is to what extent HRDD legislation mitigates the lack of accountability exhibited by MNCs, particularly in light of the challenges posed by the voluntary CSR regime. The research examines the effectiveness of HRDD laws in regulating corporate behaviour and protecting human rights against MNCs’ pursuit of profit maximization. The research employs a case study, legal analysis, and literature review to analyse MNCs’ influence and challenges of CSR in the global market. Key findings reveal the need for stronger regulatory frameworks to counterbalance MNCs' profit-driven agendas with CSR. The study underscores the importance of enhancing accountability mechanisms and collaboration among MNCs, governments, and civil society to uphold human rights standards in corporate operations. The research advocates for the continued development of HRDD laws and the CSR framework to mitigate the adverse impacts of MNCs on the surrounding society and environment and to promote responsible business practices.

When multilateral development banks (MDBs) finance projects that result in significant harm to individuals, there are limited avenues to seek recourse. With the ability to rely on national juridical systems restricted due to international organization immunity, individuals may seek recourse by lodging their complaints with the Accountability Mechanisms (AMs) of banks. The proliferation of accountability mechanisms and environmental and social safeguard policies across MDBs denotes a shift in approach compared to early development finance institutions. By reviewing policies and procedures of the New Development Bank, Asian Infrastructure Investment Bank, and the Islamic Development Bank, this thesis illustrates how accountability manifests within these institutions. In the absence of an international legal framework, this thesis traces the internal and external influences that contour accountability, highlighting how AMs and protection policies are developed within a community of practice. This thesis also considers the implications of the widespread practice of AMs on international law. Some arguments suggest that IOs should recognize customary obligations to provide a right to remedy, and thereby allowing these actors to contribute to customary international law. While this could enhance the ability of individuals to seek recourse against IOs, this thesis asserts that linking these practices to customary international law is premature. As this thesis observes, accountability does not materialize uniformly within the MDB community of practice. Accountability has developed parallel to any international legal developments regarding individual recourse, and banks have varied motivations for institutionalizing accountability. While international law may offer a solution for providing individuals with a right to remedy, its efficacy remains uncertain. In the meantime, developing effective AMs is the viable alternative.

In recent years, there have been increasing calls for greater European Union Weltpolitikfähigkeit - the ability to act cohesively in foreign policy. While the EU has made great strides towards cooperation in foreign policy, integration in this field remains relatively limited. To examine the potential for further integration, this thesis examines the current legal and institutional framework of the EU’s foreign policy governance, along with assessing its current capabilities for implementing it. The aim is to determine whether the current framework supports or impedes the development of Weltpolitikfähigkeit. Through examining the EU’s founding treaties, decision-making processes and institutions, this thesis finds that the EU has a robust, functional legal system to support decision-making and foreign policy contribution between Member States. The Union’s institutions are capable of supporting the EU’s Weltpolitikfähigkeit, but are subject to a number of issues which impede this development. The main conclusion is that while the legal and institutional infrastructure is in place, Member States need to do more in response to the challenges created by the emerging multipolar world. In particular, the Union needs to move from unanimity to Qualified Majority Voting in CFSP matters, improve the legitimacy of a Union level foreign policy by increasing democratic oversight by citizens, and double down security and defense cooperation. Through adopting these measures, the EU can be on the path towards building greater Weltpolitikfähigkeit.

With the expansion of globalization and its impact on labour markets across the globe, which has put workers in a more vulnerable position, the ILO's legislative efforts aim to consolidate labour rights into international standards. In this thesis, we examine the challenges involved in the ratification of ILO Conventions, particularly No. 87 and No. 98 on collective labour rights by China and India, in their distinct legal, political, and economic contexts. The study critically compares the national frameworks and real-world practices in these two countries with the rights enshrined in ILO conventions. The thesis begins with an overview of the legislative frameworks that govern collective labour rights internationally. Then, it evaluates China and India’s stance regarding the ratification of these conventions, highlighting the strong political and economic reasons that influence their stance, labour laws, and practices. For instance, the political nature of trade unions in India and the dominant role of the government and centralized trade union system in China. The thesis includes an overview of the barriers that hinder the ratification of these conventions or, otherwise, the effective implementation of freedom of association, collective bargaining, and the right to strike in both countries, such as the differences between legislation and its enforcement and how economic priorities affect workers' rights. Finally, the thesis emphasizes the need for ongoing international dialogue and cooperation between countries and the ILO, as well as clear and inclusive legal reforms in each country based on the recognized challenges and barriers, in a way that balances their national interests with international labour standards to ensure a fair and just future for workers in the global economy.

Historically, wartime rape has largely been ignored as a ‘women’s issue’ in international law and condoned as something that ‘just happens’ in war. In the 1990s, however, the sexual violence perpetrated in the conflicts in Yugoslavia and Rwanda awoke the international community to condemn the systematic use of sexual violence as a weapon of war. This paper will examine the nature of wartime rape, especially so-called ‘tactical’ rape, and the international law applicable to it. It will be argued that the law remains inadequate, the approach taken is too narrow, and that the harm of rape is mischaracterised in its emphasis on the harm done to the community, carrying with it a number of problematic implications related to both gender and ethnicity. Specifically, the paper advances the argument that the problematic notion of ‘honour’ remains implicit in the law today.

Transparency of the Commission is as important as ever considering the ever-expanding nature of EU’s influence. In current digital era, EU’s access to documents regime is increasingly also conducted through technological solutions assisting and replacing previously predominant tangible and human solutions. An example of the technological solutions equipped for transparency in the context of the Commission are document registers, which are founded in law and created in the name of transparency. However, the practical and legal effects of document registers materialising transparency is largely unstudied aspect of the Union’s transparency. Therefore, this thesis is devoted to examining how we can observe the materialisation of transparency in practice, focusing on the European Commission’s Register of Documents. Aim is to show the (often) hidden ways in which the technological solutions influence transparency in their own right. To be able to study transparency in practice, it is necessary to understand the concept not only as talk but also an action. The related legal instruments are studied in order to get a full picture of the realm in which transparency conducted through document registers function. The technology is studied to bring fore ways in which the technological solutions are able to govern transparency on their own right. Institutional and expert interviews were conducted and incorporated in the analysis to support the findings from the usability of the registers. The thesis shows how technological construction of the Register of Documents is able to largely limit access to documents precisely due to the way in which it has been constructed. Together with the technological solutions, soft law instruments as well as institutional specific guidelines prove to have enormous influence in practicing transparency through the registers. Main finding suggests that access to documents is not an equal right in practice but high level of expert knowledge is required to gain information. This raises question on the nature of transparency as an ideal principle in a democratic society which would allow to hold the governing entities responsible on their decision and actions. What is needed is renewed attention to the ways in which designing technology creates, in itself, silent rules and shapes the reality of transparency in practice. Tämän tutkielman keskiössä on se, miten Komission läpinäkyvyys materialisoituu digitaalisessa ympäristössä asiakirjarekisterien kautta ja mitä vaikutuksia tällä on asiakirjoihin perustuvalle läpinäkyvyydelle. Euroopan Unionin demokratiavaje on ollut puheenaiheena jo pitkään. Hallinnon läpinäkyvyys on ajateltu olevan yksi keino parantaa demokraattista päätöksen tekoa ja tuoda se lähemmäksi kansalaisia. Läpinäkyvyyttä, kuten monia muitakin hallinnon osa-alueita on digitalisaation myötä lähdetty toteuttamaan myös teknologian avulla. Esimerkkinä tästä on Euroopan Komission Asiakirjarekisteri (RegDoc), joka on tämän tutkielman keskiössä. Teknologian oikeusvaikutukset on oikeustieteen tutkimuksessa aiemmin jo tunnistettu. Komission toimien ja päätösten läpinäkyvyyttä lainopillisesti sääntelee perussopimuksien ja perusoikeuskirjan lisäksi tarkempi asetus asiakirjojen saamisesta yleisön tutustuttavaksi (1049/2001). Nämä luovat pohjan, jonka päälle Komissio on säätänyt päätöksiä, menettelyohjeita, sekä -sääntöjä, niin sanottuja soft law instrumentteja. Vaikkakaan näillä instrumenteilla ei ole yhtäläistä lainpohjaa kuten perussopimuksilla tai asetuksilla, ne vaikuttavat olevan vahvemmassa asemassa asiakirjarekisterien yksityiskohtaisemmassa sääntelyssä. Yksi tutkimuksen löydös osoittaakin, että soft law:sta tuleva sääntely osittain poikkeaa asetuksen vaatimuksista liittyen asiakirjojen metadataan tietokannassa. Tutkielma keskittyy siihen, kuinka rakennettu teknologia itsessään pystyy sääntelemään Komission läpinäkyvyyttä. Komission Asiakirjarekisterin analyysi tuo uutta tietoa ensinnäkin siitä, miten tietyt ratkaisut Asiakirjarekisterin rakennuksessa itsessään vaikeuttaa asiakirjojen saantia. Toiseksi analyysi näyttää miten läpinäkyvyys materialisoituu soft law:n ja teknologian pohjalta. Tutkimuksessa käytetään instituutio- ja asiantuntija haastatteluja, jotka tukevat kirjallisuuteen perustuvaa, lainopillista sekä empiiristä tutkimusta. Tutkielman keskeinen löytö on kuinka Komission läpinäkyvyys ei ole käytännössä saavutettavissa jokaiselle. Erityisesti teknologiset ratkaisut ovat johtaneet vaikeuksiin käyttää asiakirjarekisteriä tai löytää sieltä tietoa. Samalla asiantuntijat, joilla on täsmällistä tietoa haluamistaan asiakirjoista eivät monesti pysty löytämään niitä rekistereistä. Asiakirjoihin pääsy vaikuttaa olevan hyvinkin elitistinen oikeus, jos sitä tarkastellaan rekisterien kautta, ja asiakirjarekisterit vaikuttavat olevat enemmän symbolinen ideaalin läpinäkyvyyden ilmentymä. Kuitenkin asiakirja rekisterien ongelmilla on vaikutuksia muihinkin kansalaisten oikeuksiin, kuten asiakirjapyyntöihin. Näin ollen asiakirja rekisterien käytettävyyteen tulisi kohdistaa enemmän huomiota ja resursseja.

The global climate change regime can certainly be referred to as the most challenging regime ever negotiated in human history. The reasons are various, with one of the most significant being the longstanding North-South divide in environmental politics. The question of how to distribute the mitigation obligations has been surrounding climate change regime from its inception. The Paris Agreement, which managed to overcome the strict approach to differentiation by adding the phrase ‘in light of different national circumstances’ to the principle of CBDR-RC, offered a shift towards the less demanding, ‘bottom-up’ framework tailored to address the differing national circumstances. Accordingly, Paris’s flexible, dynamic approach to differentiation contributed to creating a framework acceptable to all. Furthermore, due to its hybrid architecture, it also managed to act as an orchestrator not only for the state but also for non-state action. However, it appears that these accomplishments have diverted our attention from the distributional challenges inherent in the Agreement. Consequently, the notion that the Paris regime has resolved North-South tensions is far from reality. Aligned with these concerns, this thesis endeavors to reemphasize and reintroduce the equity concerns at the forefront of the agenda. To achieve this objective, this thesis initially explores the historical development of differential treatment within the global climate change regime, examining the underlying power dynamics in this process. Subsequently, it also aims to critically reflect on the current regime and identify whether the existing framework contributes to inequitable mitigation burden-sharing.

The setup of the Recovery and Resilience Facility as a response to the COVID-19 pandemic in 2020 was by many seen as a watershed moment for the European Union. Under the program, national plans realize long-pending reforms and investments that support the continent's green and digital transitions. Furthermore, the Commission issues EU-Bonds at a large scale on the financial markets for the first time, and the introduction of performance-based funding introduces numerous innovations in fund disbursement and oversight. This novelty however demands heightened scrutiny, that lays open under which considerations measures were included in the national plans, subsequently evaluated by the Commission, and how funding is disbursed now. With Italy serving as a case study, this thesis seeks to evaluate the practical outcomes of this innovative approach and suggest improvements for the regulatory framework moving forward. By integrating legal analysis of both the underlying European legislation and the national legal framework, along with political considerations specific to Italy, this study aims to unveil an organizational structure within the country ill-prepared for the heightened administrative and organizational demands posed by funding from the Recovery and Resilience Facility. For performance-based funding mechanisms to continue to be used on a large scale in the future, and remain effective, it would be imperative to better involve stakeholders at every stage of the process, simplify the publication of preparatory and methodological documents, and improve the overall transparency framework.

Digitalization requires new legislative tools that can effectively address the issues that are specific to digital markets. In the European Union, cases concerning dominant platforms used to fall under EU competition law and Article 102 TFEU, but this legal framework was sometimes ineffective in regulating issues that exist in digital markets. For instance, the Google Shopping case illustrates one of the difficulties of Article 102 TFEU in relation to digital markets, which are the abuses that are specific to digital markets, such as self-favouring. Digital markets evolve rapidly, and thus they require quick and effective responses from legislators. In order to further regulate digital markets, the European Commission introduced the EU Digital Markets Act (DMA) in 2020 and the DMA rules start to apply in May 2023. The overall objective of the DMA is to increase contestability and fairness in digital markets while simultaneously creating a more effective legal framework. The DMA is a sector-specific EU regulation that regulates the actions of the biggest digital platforms that are called gatekeepers, which offer their services to business users and end users located in the European Union. When the Commission designates a platform as a gatekeeper, the platform must follow the obligations set out by the DMA within six months after the designation. The main goal of this thesis is analysing the effectiveness of the regulation of digital markets after the DMA. As this thesis is finalized in April 2023 and the DMA rules start to apply in May 2023, this thesis focuses on the elements of effectiveness that can be evaluated now. In order to illustrate the effectiveness of the DMA, one of the central elements is the application of the DMA rules to the Google Shopping case. By applying the new legal framework to a case that was judged under the Article 102 TFEU framework, improvements in effectiveness will be portrayed in a more concrete manner. Furthermore, this thesis also examines the potential shortcomings when it comes to the effectiveness of the DMA. One of the most significant issues of the DMA is its inflexibility towards future developments. This thesis argues that while the DMA provides an effective framework for addressing the current issues in digital markets, it is unable to address future developments in digital markets effectively.