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

Leveraging new satellite communication technology, the European Commission published in February 2022 a proposal for a regulation which would facilitate the creation of a European space-based secure communication system serving EU institutions and agencies, Member States as well as EU citizens. In terms of Member States intra-governmental use, several public and private entities in the EU have expressed interest in supplementing national public authority networks with the technology that the proposed system uses. However, public authority networks are strictly regulated due their critical function in terms of safety and national security. An issue of regulatory and policy compatibility thus arises. After demonstrating why Finland is a relevant object to study, this thesis proceeds to analyse and compare relevant national legislation and policy with the proposed regulation and related documents, in order to assess whether, and to what extent, the proposed system is compatible, particularly in the context of control, security and ownership. While the research identified several issues relating to transparency, procurement, financing, ownership, access and control, the thesis ultimately finds that these concerns do not merit a conclusion of incompatibility.

The principle of transparency is a core principle within EU administration being highly intertwined with the right to access to documents. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (ATD Regulation) lays down the principles and limits on public access to documents. The European Ombudsman has set itself the particular task of promoting transparency and the right to access to documents. The research focusses on the processing of public access to documents requests by the European Medicines Agency (EMA), the European Border and Coast Guard Agency (Frontex) and the European Chemicals Agency (ECHA). While EMA and Frontex apply so-called queuing mechanisms, ECHA processes access to documents requests in batches when multiple requests or one large request by one applicant are submitted in a short period of time as these multiple submissions could possibly result in adversely affecting the proper functioning of the agencies. The agencies base these means of processing on Article 6(3) ATD enabling the EU institution to confer with the applicant with a view to finding a fair solution. The Court of Justice of the European Union ruled that EU institutions can, based on the principle of proportionality, balance the interests of the applicant to gain access to documents against the workload of the EU institutions caused by the submission of multiple access to documents requests. The Court further stated that Article 6(3) mirrors the possibility of reconciling the interests of the applicant with those of good administration. The European Ombudsman found that applying a queuing mechanism can be considered a suitable means to process multiple requests by one applicant under exceptional circumstances, but academic literature has not dealt with this topic yet. The thesis hence addresses more profoundly the question of the extent to which the queuing mechanisms and the processing in batches as applied by the EU agencies in question are able to reconcile the principle of transparency with the right to good administration and fairness amongst applicants while maintaining the core business and efficiency of the applicable EU agency. Furthermore, the thesis examines if a better alternative to these mechanisms can be found. The study comes to the conclusion that, on the one hand, the queuing mechanisms and the processing in batches have deficits in regard to enhancing transparency and complying with the ATD Regulation. On the other hand, they are able to balance out the different interests between the EU agency and the applicant to some extent. Instead of however finding a better alternative to these mechanisms, a potential solution is, as the study has revealed, to find a better administrative process to reduce the number of ATD requests in order to deprive the queuing mechanisms and the processing in batches of their necessity to better adhere to the principle of transparency and the principle of efficiency. A better administrative process could for instance be the combination of a web form to submit an access to documents request with the obligatory search in a public register of documents to potentially reduce the overall number of requests submitted to the EU institutions every day. Ultimately, it is in the hands of the EU institutions to make EU administration more transparent and to reconcile the different interests at stake.

Between June 2014 and December 2017, the Islamic State of Iraq and the Levant (ISIL) controlled vast territories in the Middle East, including large territories of Iraq. In this so-called ‘caliphate’, ISIL committed grave abuses of international human rights law, international criminal law, and international humanitarian law – likely amounting to war crimes, crimes against humanity and genocide. These atrocities have been widely condemned by the international community, and the call for justice and accountability for these large-scale international crimes was strong. In this context, in 2017, the Government of Iraq requested international assistance to ensure that ISIL would be held accountable for their crimes in Iraq. This call was answered by the United Nations Security Council, which adopted the mandate for UNITAD, an impartial Investigative Team, that would support Iraq’s domestic accountability efforts. In September 2024, however, after several years of cooperation, UNITAD's mandate will abruptly conclude at the request of the Government of Iraq. This development has deeply unsettled the Yazidi community in Iraq, who have been strongly advocating for better accountability efforts to ensure that ISIL is held accountable for the genocide they perpetrated against them. The primary objective of this thesis is to conduct an initial analysis of UNITAD’s mandate termination and its possible effects on the pursuit of accountability for these atrocities committed by ISIL, as well as the wider transitional justice efforts in Iraq. This thesis argues that when it comes to the Yazidi Genocide, the Government of Iraq and the Yazidis approach the atrocities and accountability for them differently. While the Government is very focused on accountability and retributive justice, the Yazidis hope for a more holistic, reconciliation-focused approach. Thus, while UNITAD has contributed greatly to the accountability efforts, it is bound by too narrow a mandate. Due to this, it would likely not have brought the society-wide accountability that the Yazidis were hoping for. This thesis argues that UNITAD and its efforts should not be viewed in a vacuum but instead should be understood as a part contributing to the wider transitional justice process at play.

The thesis examines the implementation of the UN Security Council Resolution 1325 on Women, Peace and Security in a conflict context in Ukraine. The theoretical standpoint is critical feminism. The aim has been to understand how the implementation of the resolution as part of international law works in the context of war, what kind of security needs have been voiced by Ukrainian women, and to what extend the national implementation of the 1325 agenda has been able to bring transformative, structural change to the lives of Ukrainian women in midst of war. The thesis finds that the two Ukrainian National Action Plans on Women, Peace and Security (for years 2016–2020 and 2020–2025) has focused heavily on military security, despite the plans themselves covering the agenda comprehensively. Women’s meaningful participation to peacebuilding has been side-lined, efforts to ensure protection and human rights have brought only limited results, and development has been negative in the area of economic security. Greatest progress has been seen in military security, which has led to the militarisation of the agenda. Thanks to international support, Ukraine’s action plans are technically high-level, but their implementation on national, regional, as well as local levels has suffered from the lack of coordination, resources, and technical capacities. Political will is heavily linked to Ukraine’s Western integration. Nevertheless, Ukrainian women have considered the National Action Plans as important tools for advocacy. The possibility for transformative change cannot be overlooked from the outside, yet lasting change requires continuous work. Finland can utilise lessons learned in Ukraine in its support for the agenda’s implementation internationally.