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Introduction: On Framing Convergence of the EU with the Global Legal Order

Fahey, E. ORCID: 0000-0003-2603-5300 (2020). Introduction: On Framing Convergence of the EU with the Global Legal Order. In: Fahey, E. ORCID: 0000-0003-2603-5300 (Ed.), Framing convergence with the global order: the EU and the world. (pp. 1-22). Sussex, UK: Hart Publishing.

Abstract

The EU’s place in the global legal order can be understood as arguably a highly dynamic and complex process which is the antithesis of static which is about convergence. Arguably, convergence fits neatly with understandings of EU global actorness and global ambitions. A form of convergence ethic dominates the EU’s actions. Convergence has a prevalence to it but yet may be also said not to be well understood in the context of EU studies and political science with respect to its legal peculiarities. Analytical blind spots may not be easily ‘taxonomised’. Arguably, today much convergence of EU law and the EU in the world comes from the mimicking/ transfer/ copying or integration of European rules, practices or ideals into other third party contexts, from the formal to the informal, direct to the indirect. Yet who and what should be the form of study of these analytical blindspots of the world? Some argue that the CJEU is the main agent of divergence practices as to internal matters, internal competences and internal views of EU integration. From a legal perspective placing the Court inside and outside of the narrative can have a dramatic impact on convergence narratives. It also may depend upon a particular moment in (political) space and (political) time(s). For example, the EU’s responses to the demise of the WTO has been to formulate divergence therefrom. The most significant dimension of the new political strategy of the European Commission of late 2019 is a ‘Green New Deal’, predicated ultimately upon convergence of all EU policies as to the environment. This book project seeks to delve into the forms and action component of EU convergence and isolate its meaning and plot its direction in context. All authors subscribe to the notion of EU as an exceptional convergence actor within the global legal order. The book isolates the methodology of this exceptionalism as a normative and descriptive state of affairs. All authors subscribe to the idea that the EU practices and preaches convergence in the global legal order increasingly with an explicitness, openness and directness which is sometimes at odds with international law and/ or international politics in its own unique way.

Publication Type: Book Section
Additional Information: Copyright Bloomsbury Publishing Plc, 2020. The final published version of this work can be found here: https://www.bloomsburyprofessional.com/uk/framing-convergence-with-the-global-legal-order-9781509934393/
Publisher Keywords: Convergence; International Relations; Methodology; EU foreign affairs; Trade; Governance
Subjects: J Political Science > JN Political institutions (Europe)
J Political Science > JX International law
K Law
Departments: The City Law School > Academic Programmes
The City Law School > Institute for the Study of European Laws
The City Law School > International Law and Affairs Group
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