Elaine Fahey's presentation will outline a project as part of a research agenda on Critical EU International Relations law. The project reflects predominantly upon understandings of and resulting legal metrics of the institutionalisation of the EU as a global actor. Fahey will address questions such as 'At what point in time is institutionalised EU IR action considered complete or achieved?'and 'How should we compare the institutionalisation practices of the EU as a global actor in human rights, data, cyber or the environment?'
While classic international relations (IR) theorisations contend that the institutional features of the international order is best supported for its stability than altered (e.g. Keohane, 1984), the EU has consistently sought to develop a place in the multilateralism legal order through institutionalisation practices. Such practices go the heart of the EU ‘DNA’. Externally, the EU has a recent history of promoting and nudging new institutional multilateral innovations, from the International Criminal Court, a UN Ombudsman, WTO reform to a Multilateral Investment Court as a broad global agenda. Internally, the EU struggles with partial institutionalisation as a solution to many complex policy fields e.g. migration and Eurozone (Caparaso, 2018). Yet institutionalisation has broadly positive intended goals when pursued by the EU externally or internally.
While EU IR law constitutes a booming field of law, it increasingly appears often to be a victim of its own success through its institutionalisation activities. There, the range of the subjects and objects of EU IR law continues to expand and the EU has to continuously increase its bureacratisation and administration of EU IR from e.g. trade, data, security to cyber activities.
Legal metrics of the performance EU IR institutionalisation are very broad and analytically are heavily court-centric. This is arguably neither logical nor explicable given how the CJEU has coextensively expanded (e.g. ECI litigation) and contracted the parameters of EU IR action (autonomy of EU law) and EU IR is generally subject to variable degrees of ex ante and ex post facto analysis depending upon a vast range of regimes depending upon time, manner and place criteria. Many institutional components or actors do not act rationally when litigating EU IR or regulating it (e.g. EU Ombudsman acting within their powers) or individually not supported by their institution (e.g. individual MEPs litigating).
This presentation outlines a project as part of a research agenda on Critical EU International Relations law. It reflects predominantly upon understandings of and resulting legal metrics of the institutionalisation of the EU as a global actor. How is this nexus understood? It then deploys time, manner and place metrics to model the space of institutionalisation in EU IR and a relevant methodology. At what point in time is institutionalised EU IR action considered complete or achieved? How should we compare the institutionalisation practices of the EU as a global actor in human rights, data, cyber or the environment?
Elaine Fahey is Professor of Law and Associate Dean (International) at the Institute for the Study of European Law (ISEL), the City Law School, City, University of London. She was an Emile Noël Fellow at New York University (NYU) Law School and a visiting professor at Keio University Law School, Tokyo, Japan in 2017-2018. Previously, she was a Senior Postdoctoral Researcher at Amsterdam Centre for European Law & Governance (ACELG) at the University of Amsterdam, a Max Weber Fellow at the European University Institute (EUI), Florence, and Assistant Lecturer and Lecturer in Law in Ireland (Dublin Institute of Technology; Trinity College Dublin). She has practised as a Barrister and was Chairperson of the Irish Society for European Law. She has been a visiting fellow at the University of Michigan, Ann Arbor, the College of Europe, Bruges, the Institute for Advanced Legal Studies and the Global Governance Programme, Robert Schuman Centre, EUI, Florence. She has been a stagiaire at the Court of Justice of the European Union in Luxembourg, a Judicial Research Assistant, Four Courts, Dublin and a Judicial Extern, Los Angeles Federal District Court (9th Circuit).
Her research interests span the relationship between EU law and global governance, trade, transatlantic relations, the EU’s Area of Freedom, Security and Justice and the study of law beyond the State. Her publications include a monograph, The Global Reach of EU Law (Routledge, 2016) and the multi-disciplinary edited volumes The Actors of Postnational Rule-Making: Conceptual Challenges of European and International Law (Routledge, 2015), A Transatlantic Community of Law (Cambridge University Press, 2014), Institutionalisation beyond the Nation State (Springer, 2018) and the textbook, An Introduction to Law & Global Governance (Edward Elgar, 2018).