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Browsing by master's degree program "Magisterprogrammet i den globala styrelsens rättsliga frågor"

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  • Willamo, Max Eduard (2022)
    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.
  • Paricio Montesinos, Marta (2022)
    This study aims to make a preliminary assessment of the role that the new ILC Draft PERAC principles could play in the OPT. It argues that the application of standards and norms protecting or compensating for the environmental damage in times of armed conflict has been highly influenced by the political context. At the same time, it finds that two of the main causes of the environmental challenges in the OPT are Israel’s activities and the lack of environmental regulations for companies operating in the occupied territory. In addition, the Palestinians face serious difficulties in accessing justice. There is a domestic lacuna since Palestinian courts have limited competences and the Israeli Courts have showed bias towards Palestinians. Internationally, it is highly unlikely that Israel will accept the ICJ’s voluntary jurisdiction, and it is doubtful that the case before the ICC is adequate to tackle the systemic oppression in the OPT. On the other hand, since Palestine is becoming a party to different agreements and treaties, it can now use the dispute settlement mechanisms established in MEAs which Israel has also ratified, such as the Basel Convention. This has enabled Palestine to bring complaints against the illegal transfer of hazardous waste by Israel to the OPT. This showed that what is required is a change in the Israel’s practices and policies or more available dispute settlement mechanisms. Finally, it finds that the ILC Draft PERAC principles are unlikely to force a change in Israeli practices. At the same time, for the time being, they do not establish any forum or dispute settlement mechanism. Thus, their role and impact on the OPT is limited. Nevertheless, because of their innovations and clarity, they offer a new framework of understanding that can be highly beneficial in diplomatic relations, educational purposes, and in the formation of expectations and demands. Moreover, it will support and offer an additional legal language in the different strands of activism ad advocacy led by Palestinian NGOs.
  • Voutilainen, Julia (2024)
    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.
  • Pigiani, Benedetta (2024)
    The thesis focuses on the informalization of EU external relations, particularly regarding migration governance, due to the emergence of informal international agreements in recent decades to regulate the EU's relations with third countries in this regard. This trend challenges traditional international agreements and the safeguards they provide, notably compliance with EU founding principles, especially the rule of law as outlined in Article 21 TEU. The study aims to examine how informal arrangements may disregard the rule of law across its three dimensions - institutional, procedural, and substantive - by focusing on two case studies: the Memorandum of Understanding between the EU and Tunisia (MoU) (2023) and the Joint Declaration on Migration Cooperation between the EU and Afghanistan (JDMC) (2021). These cases offer practical insights into the shortcomings of informalization. Beginning with a theoretical exploration of informalization, including its advent, motivations, and benefits, especially within the EU and in migration governance, the thesis provides a definition of informal arrangements understood as alternatives to binding international agreements. It then examines the legal framework governing international relations and agreements within the EU, with a focus on the norms, principles, and procedures functional in understating what soft arrangements differ from, and which rules they bypass. This will be carried out by relying on the rule of law as guiding principles in its three dimensions. Subsequently, detailed analyses of the MoU and the JDMC are provided, covering their legal nature, contents, procedural aspects, and the protection of human rights afforded by them. Finally, the thesis also examines the limitations of using such arrangements and the consequences of a completely unregulated informalization. The main concerns being legal uncertainty, lack of a precise legal basis, potential arbitrary power of the Commission, sidelining of the Parliament and consequent lack of democratic accountability, lack of judicial oversight by the ECJ, and inadequate protection of human rights, being particularly concerning about migration and readmission, and lack of transparency that characterizes such arrangements, from their publication to the difficulty in accessing documents related to them. In the last part space will be also given to the assets that soft arrangements may bring like efficiency, flexibility, cost-saving, and timesaving as often praised by policymakers. Ultimately, it suggests the need to explore a balance between the imperative compliance with the rule of law and the benefits of informal arrangements, as current violations of the rule of law highlight the absence of such equilibrium for now.
  • Sunnarborg, Logan (2024)
    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.
  • Väänänen, Ronja (2022)
    Labour markets have changed due to globalisation, and this is challenging the traditional way of defining the notion of worker. Currently the international labour legislative system is based on a state centred way of defining the concept of worker. Each country hence defines the scope of the term on the basis of their national social and economic conditions. These national definitions have remained as the starting point even though the labour markets have internationalised. Workers may move from a country to another, businesses reach beyond national borders and across border competition has increased. Furthermore, regional, and international instruments containing their own ways to define the notion of worker, have added layers of regulation. Globalisation has hence changed the playing ground firstly with regards to the ways of work as well as with adding new layers of regulation. As the definition of worker grants rights and obligations to persons working, it is necessary to know who is categorised as a worker. The challenges caused by globalisation in defining the notion of worker based on national needs is amplified with the rise of atypical employment. Next to the traditional employment relationship based on an employment contract new forms of employment are becoming more prominent. These new forms of working do not fit into the traditional binary distinction between the workers and the self-employed. A current example of a form of atypical employment is platform work, which is work done on, or intermediated by digital platforms. Not only national regulation, but also regional and international instruments are being challenged with the changes in the global labour markets. This thesis seeks to outline the changes globalisation has brought to the labour markets. The current way of defining the concept of worker in all national, regional, and international contexts are explained. Based on this, the concepts are compared to see how similar or different the approaches to the concept are. Challenges caused by new forms of labour to the concept are furthermore presented. On the basis of this analysis, the durability of the current system of state centred way of defining the concept of worker is contrasted to the possible future changes in the labour markets and the possibility of harmonising the notion is contemplated as a solution for the changes caused by globalisation.
  • Karppinen, Olli (2022)
    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.
  • Oivo, Katariina (2023)
    Mounting environmental challenges including climate change call for accelerated global action, but the response provided within international frameworks has thus far remained inadequate. In this context, can the perspectives of human rights law and climate change be usefully combined? This thesis studies the prospects of the UN Convention on the Rights of the Child (UNCRC) as the most widely ratified global human rights treaty. It explores whether it can be argued that obligations in relation to environmental and climate action follow from the Convention and examines how current discourses on children’s rights and climate change are intersecting. These questions are approached by assessing the wording and aim of the UNCRC text and its interpretation by the Committee on the Rights of the Child (CRC) through the case Sacchi et al v Argentina et al and a draft of the upcoming General comment on children's rights, the environment and climate change. The analysis is complemented by an overview of practitioner discourses on the topic, including policy and advocacy documents, climate litigation and multilateral resolutions. In this study, law as a concept is understood as a living institution, consisting not only of the specific legislation but also its application in legal and social contexts. The results show that although the UNCRC includes strikingly few references to the environment, several of the rights enshrined in the Convention are directly affected by environmental threats, notably the impacts of climate change. Considering this, the CRC has indicated that state parties have environmental and climate-related obligations in order to comply with the UNCRC. A holistic reading of human rights instruments and obligations under international environmental law comes across as a key point. Furthermore, it seems that the UNCRC is being deployed in expert narratives to urge climate action to respect, protect and fulfil the rights of children, despite the Convention’s substantive limitations in this regard and its interpretation by the CRC being ‘work in progress’. It is concluded that the UNCRC has potential to foster actions to protect children and humanity from harm related to climate change. A holistic interpretation of the Convention is required to safeguard child rights in the context of the escalating planetary crisis. Acknowledging these interlinkages can serve both the child rights and the environmental and climate policy fields.
  • Rostam Shirazi, Sara (2024)
    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.
  • Rapo, Annette (2023)
    In 2021, the European Commission proposed a regulation implementing a carbon border adjustment mechanism. The primary objective of the mechanism is to curb the risk of carbon leakage. In addition, the mechanism should encourage the Union’s trade partners to implement carbon pricing measures to reduce greenhouse gas emissions and mitigate climate change. The use of border adjustments to pursue climate goals are disputed in terms environmental effectiveness. In the broader policy scope, unilateral climate measures are considered controversial due to their potential discriminatory policy effects on international trade. The carbon border adjustment mechanism highlights the complex and challenging relationship between the two most prominent multilateral questions, international trade and environmental concerns. Since the announcement of the mechanism, the Union’s trade partners have expressed opposition to the introduction of carbon taxes on the Union’s borders. In particular, the incompatibility of the mechanism with the rules of the World Trade Organization has been heavily emphasized. Potentially, the Union’s partners may move to lodge cases against the Union, in the dispute settlement body of the World Trade Organization. Although, the use of environmental measures with trade effects have been discussed by the dispute settlement bodies, the interpretation of the compatibility of climate measures with the rules of the GATT remain inconclusive. The mechanism may offer an opportunity for the organisation to actively strengthen the environmental agenda within trade. In the absence of political will of the membership to pursue reform, the Union may be required to resort to alternative policy tools to further its climate policy goals. Vuonna 2021, Euroopan Komissio esitti ehdotuksen, jolla otetaan käyttöön hiilirajamekanismi. Mekanismin päätavoitteena on välttää hiilivuotoa sekä kannustaa Unionin kauppakumppaneita ottamaan käyttöön päästökauppajärjestelmiä kasvihuonekaasupäästöjen vähentämiseksi ja ilmastonmuutoksen torjumiseksi. Rajatullien käyttö ilmastotavoitteiden saavuttamiseksi on kiistanalainen ympäristötehokkuuden kannalta. Ilmastopolitiikassa laajemmin, yksipuolisia ilmastotoimia pidetään kiistanalaisina, sillä niillä voi olla syrjiviä vaikutuksia kansainväliseen kauppaan. Hiilirajamekanismi korostaa kansainvälisen kaupan ja ympäristötoimien hankalaa suhdetta. Mekanismin julkistamisen yhteydessä, unionin kauppakumppanit ovat ilmaisseet vastustavansa hiiliverojen käyttöönottoa unionin rajoilla. Erityisesti mekanismin yhteensopimattomuutta Maailman kauppajärjestön sääntöjen kanssa on korostettu voimakkaasti. Unionin kumppanit voivat mahdollisesti nostaa kanteita unionia vastaan Maailman kauppajärjestön riitojenratkaisuelimessä. Vaikka ympäristötoimenpiteiden käyttöä, joilla on kaupallisia vaikutuksia, on käsitelty riitojenratkaisuelimissä, tulkinta ilmastotoimenpiteiden yhteensopivuudesta GATT -sääntöjen kanssa on edelleen epäselvä. Mekanismi voi tarjota organisaatiolle mahdollisuuden vahvistaa ympäristöohjelmaa maailmankaupassa. Jos jäsenillä ei ole poliittista tahtoa jatkaa uudistuksia, unioni voi joutua turvautumaan vaihtoehtoisiin välineisiin ilmastopoliittisten tavoitteidensa edistämiseksi.
  • Tiippana, Wilma (2024)
    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.
  • Ilia, Eleni (2021)
    The emergence of a new wave of private companies and entrepreneurs who are entering the space industry, colloquially known as New Space, is challenging the traditional model of space exploration and exploitation and has brought with it a multitude of new opportunities and challenges, particularly in the realm of space mining. With the increasing interest in the extraction of valuable resources from celestial bodies such as the Moon, questions surrounding the legal status of the celestial bodies have become more pressing than ever before. This master’s thesis seeks to explore the legal status of the Moon in light of the emerging activities of New Space, specifically with regards to space mining. The thesis begins by providing a historical overview of the legal framework that currently governs outer space, focusing on the the Outer Space Treaty of 1967 and the Moon Agreement of 1979, as well as the discussions before and after the conclusion of these international agreements. It also examines the various proposals and debates surrounding the legal status of the Moon, including the concept of “common heritage of mankind.” Next, the thesis delves into current state practice embedded in recent national laws and policies that permit space mining, exploring the various legal frameworks that have been proposed or put into practice by governments. This includes a detailed analysis of the legal challenges facing space mining, such as the lack of clear property rights and the potential for conflict between different actors. Finally, the thesis explores some (existing yet marginalised) alternative ways to think vis-à-vis outer space and the celestial bodies at the age of New Space, by highlighting the need for continued collaboration and dialogue between international actors, as well as the importance of clear and comprehensive legal frameworks that define the legal status of the Moon for a peaceful and sustainable future for extraterrestrial activities.
  • Sormunen, Sofia (2022)
    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.
  • Kuutamo, Sini (2023)
    Over the past 10 years, France has been combatting terrorism though several military interventions in Africa, and especially in the Sahel region. However, over the past years, the French presence has gotten increasingly unpopular and sovereignty claims by the African states grow stronger, which has led to the interventions being shut down one by one, beginning from the intervention in Mali. This thesis gets acquainted with the central political rhetoric and legal justifications offered by France for its military intervention in Mali between 2013-2022. Furthermore, the identified justifications are compared against the global counterterrorism rhetoric and the surrounding legal debates concerning interventionism. The thesis finds that the French counterterrorism rhetoric combined political and legal justifications together in such a way that correlates with the global counterterrorism rhetoric. The findings enhance our understanding on how unilateral military interventions can utilise the global counterterrorism rhetoric in a manner that challenges especially international law on the use of force.
  • Siradze, Ketevani (2024)
    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.
  • Anderson, Lotta (2022)
    Agreeing on a common migration system in the EU has turned out to be extremely challenging due to various reasons, and when the calls for responsibility-sharing and solidarity have not worked, the EU has turned to rely on third countries. In practice, this means that some of the EU’s migration and border policies have seen a transfer of responsibility, where countries of origin or transit take on some of the migration and border management originally managed by a destination country, in return for financial support. This is a strategy often deployed by wealthier states to prevent migration flows and ease the pressure on their own migration system, going under the name externalisation. As states adopt stricter laws on migration and impose stricter border controls, ways of entering countries are reducing. This consequently leads to people having to rely on irregular means to migrate, paving the way for a ‘migration industry’ that favours profit-driven actors to take advantage of. This Master’s thesis will reflect on this growing trend in the field of migration policy, by focusing on the Northern African countries going under the collective name of Maghreb as the receiving countries of externalised policies. This group of countries have become popular transit (occasionally destination) countries for migrants trying to reach the South European countries in attempts that can best be described as perilous and life-threatening journeys.
  • Grabinski, Savija (2024)
    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.
  • Consoli, Elisa (2023)
    The acquis of chemical legislation in the EU is probably one of the most comprehensive and complex in the world. Often, the European Union has been the pioneer in the adoption of legislation aimed at protecting its citizens as well as the environment. The field of chemical management is not different; the EU has paved the way to a new and reinforced concept of systematic protection of human health and the environment from hazardous chemicals that has initiated a global approach. In this work, I focus on the public accessibility aspect of the EU legislation on chemicals, providing an analysis of the current framework as well as some reflections on whether the system provides the expected level of accessibility. Overall, the main research question at the core of this thesis is: “is the EU chemical legislation accessible enough? And if not, can we deduce areas for improvement?”. After sharing an overview of the legal framework and of the key actors involved in the implementation of the EU chemical legislation, by using the case study of REACH restrictions, in my conclusions, I provide suggestions for improvement points relating to the identified shortcomings in terms of public accessibility.
  • Nissilä, Nea (2023)
    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.
  • Ouahmane, Hanna (2023)
    This study focuses on an analysis of two challenges facing the Central Asian region: the establishment and advancement of the Rule of Law and the fight against corruption. Despite being a historically important geostrategic region at the crossroads of the European and Asian continents, Central Asia does not always receive the attention it deserves, and research materials specifically concerning the region’s issue of Rule of Law development and its relationship with corruption are few. This study aims to analyse and assess foreign evaluations and promotions of Rule of Law and anticorruption measures targeting Central Asian countries. The specific legacy of Soviet times and countries made of subnational identities and kinship networks suggests another type of modernity that need to be composed with. This study finds that the neoliberal model presuming that a thick rule of law combined with liberalised markets will result in economic development has been discredited by high growth countries having free-market economies and liberalised capitalism but maintaining high level of corruption, institutionalised autocracy and state capture. This study shows that global governance instruments have still not fully come to grasp with this reality. Many still combine economic objectives with rule of law advancement through neoliberal ideals. Yet, the promotion of free trade and deregulated markets can encourage rent-seeking activities, which in turn can foster corruption weakening the rule of law in developed countries and hindering its development in transition nations.