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Sanctions Policy: The ‘European Paradox’

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Since the end of the Cold War, economic sanctions have increasingly been used by big players as a tool of foreign policy. The initiators of sanctions use trade and financial restrictions to try to force the target countries to change course politically as well as to influence internal political processes. The United States has positioned itself as the largest sanctions initiator. Over the past hundred years, the US has used them more often than all other nations and the UN combined. The Americans remain second to none in terms of the number of developed state institutions involved in the policy of sanctions. The US sanctions apparatus far exceeds the capabilities of the UN and any other country in terms of financial, human and organisational resources.

The European Union is also showing increasing activity as an initiator of sanctions. There are several conditions for this. First, the EU is a powerful economy with huge human, financial and technological potential. Economic power is the most important condition, without which an effective policy of sanctions is simply impossible. After all, sanctions are effective when the initiator can inflict much greater harm on the target country than vice versa. Second, the European Union has not yet become an independent military-political force. Its foreign policy is based on soft power and economic instruments, so in conflict situations, sanctions are the best option. Third, the EU coordinates its sanctions policy with the actions of the United States, its main ally. The growing number of sanctions on the part of Washington has also led to the growth of sanctions initiated by Brussels.

At the same time, there are a number of distinguished features that define the EU approach. One of the key elements is the commitment of Brussels to multilateral diplomacy. The EU avoids being the sole initiator of sanctions. This is an important difference from the United States. The Americans often impose sanctions without any regard for others. They recognise the importance of coalition pressure on the target countries and strive to involve their allies and a wider range of countries in launching sanctions. However, their support for the United States is more instrumental – the more sizable the coalition, the greater its potential for taking a toll on the economies of sanctioned countries. However, for the EU, the multilateral use of sanctions remains an important normative issue and even means of conveying shared values. The European Union carefully implements UN Security Council resolutions, and EU countries which are members of the UN Security Council have often offered their own draft resolutions on sanctions.

The EU, however, allows sanctions which bypass the decisions of the UN Security Council. Here the policy of Brussels differs from the positions of Moscow and Beijing, which consider the UN Security Council as the only legitimate source of sanctions. These countries also use unilateral measures, but so far they’ve done it much less often in comparison with the EU and especially the USA. However, by bypassing the UN, the EU is trying to combine efforts with the United States and other Western countries, that is, to provide a multilateral format. At the same time, the EU retains its own view on many problems and calibrates a set of restrictive measures at its sole discretion.

Another important distinction of EU policy is its extremely reserved attitude towards extraterritorial sanctions. The European Union authorities may well use secondary sanctions, that is, to punish certain companies or organisations for violating existing restrictions. However, Brussels uses such measures within its jurisdiction. The United States, on the contrary, is increasingly introducing secondary sanctions against foreigners, putting foreign companies on the SDN list or fining violators.

Interestingly, over the past ten years, most of the related fines were levied against European companies. This situation may well be called the “European paradox.” EU authorities support many US sanctions initiatives, but at the same time many Europeans are negatively affected by the secondary sanctions. They pay the most fines. According to the Russian International Affairs Council (RIAC), over the past 10 years, out of 201 US Treasury fines, 40 were levied against EU companies and 133 were paid by US companies. In just 10 years, the US Treasury has collected $ 5.6 billion in fines. Of these, the Europeans paid more than $ 4.6 billion (83%), and the Americans only paid 177.2 million (3%). This distribution resembles the “Pareto law”: most of the revenue is generated by a minority of players. And this minority is concentrated in Europe, whereas the smaller proportion was paid by the US-based majority. Of course, such a distribution can hardly be the result of the deliberate activity of American authorities. But the fact remains: Europeans pay the most.

At least since the 1990s, The European Union has tried to take measures to protect itself from secondary US sanctions. A serious incentive was the US withdrawal from the Joint Comprehensive Plan of Action (JCPOA) on the Iranian nuclear programme. Washington unilaterally resumed large-scale financial and sectoral sanctions against Iran. A significant number of companies operating in the Iranian market, including European ones, turned out to be facing the threat of secondary sanctions and subsequent penalties. The EU has resumed the so-called 1996 Blocking Statute, which should shield European companies from secondary sanctions. However, a significant number of big EU companies have already left Iran. Many large European companies which do business in Iran also conduct business in the US, and preferred to maintain their loyalty to American requirements, even though Brussels was critical of the US withdrawal from the JCPOA and introduced protective measures. The threat of having problems with the US authorities in the form of fines and “weaning” from the US market and financial system outweighs possible profits in the Iranian market.

In Europe, some politicians proposed establishing their own payment system, in the interests of European sovereignty and financial independence. In January 2019, INSTEX SAS company was registered in France (with the participation of Germany and the United Kingdom). It was tasked with securing transactions between European companies and Iran, bypassing US sanctions. So far the fate of this initiative remains unclear. The big problem is its approval by other EU members. Also, the real functionality of INSTEX remains unclear. In the end, nothing is preventing the Americans from including INSTEX in their SDN list, making it “toxic”, or fining the company in proportion to the volume of its deals with Iran.

The prospects for INSTEX are becoming even more vague, against the background of diplomatic difficulties. After the US exit from the JCPOA, Washington found itself in diplomatic isolation on the Iran issue. However, this didn’t bother the Americans much. The situation began to heat up after the United States lifted the restriction exceptions on the purchase of Iranian oil, which they made for eight countries, including Italy and Greece. In May 2019, Tehran announced that it would refuse to fulfil certain obligations under the JCPOA. In response, Washington immediately introduced harsh, newer sanctions against Iran. The EU reacted coolly to the actions of Tehran. Now Iran could be considered isolated.

The diplomatic development of the situation around the JCPOA is likely to seriously undermine European ambitions to create an alternative payment system. If Iran once again becomes a pariah state (as the Americans would like to see), then the reason that gave rise to the discussion about it will disappear. As for fines against banks and companies, Brussels is likely to leave these risks to the discretion of the business community itself. Moreover, entrepreneurs haven’t demonstrated any serious, noticeable activity lobbying for alternatives. Apparently, the business sector feels comfortable in the dollar system, and the risks of secondary sanctions do not outweigh the benefits the system presents and the costs of its transformation. Moreover, outside of the Iranian problem, there is not a single issue that the sanctions policy presents that could seriously stimulate discussion about a European financial alternative. The commonality of the political positions of the United States and the EU will ensure the status quo.

First published in our partner RIAC

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Europe

Europe tells Biden “no way” to Cold War with China

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Amidst the first big transatlantic tensions for the Biden Administration, a new poll shows that the majority of Europeans see a new Cold War happening between the United States and China, but they don’t see themselves as a part of it.

Overwhelmingly, 62% of Europeans believe that the US is engaged in a new Cold War against China, a new poll just released by the European Council on Foreign Relations found. Just yesterday US President Joe Biden claimed before the UN General Assembly that there is no such thing and the US is not engaging in a new Cold War. So, Europeans see Biden’s bluff and call him on it.

The study was released on Wednesday by Mark Leonard and Ivan Krastev at the European Council on Foreign Relations and found that Europeans don’t see themselves as direct participants in the US-China Cold War. This viewpoint is most pronounced in Bulgaria, Hungary, Austria, Portugal and Italy, according to the study. The prevailing view, in each of the 12 surveyed EU member states, is one of irrelevance – with respondents in Hungary (91%), Bulgaria (80%), Portugal (79%), and Austria (78%) saying that their country is not in a conflict with Beijing.

Only 15% of Europeans believe that the EU is engaged in a Cold War against China. The percentage is so low that one wonders if there should even be such a question. It is not only not a priority, it is not even a question on the agenda for Europeans. Even at the highest point of EU “hawkishness”, only 33% of Swedes hold the view that their country is currently in a Cold War with China.  Leonard and Krastev warn that if Washington and Brussels are preparing for an all-in generational struggle against China, this runs against the grain of opinion in Europe, and leaders in Washington and Brussels will quickly discover that they “do not have a societal consensus behind them”.

“The European public thinks there is a new cold war – but they don’t want to have anything to do with it. Our polling reveals that a “cold war” framing risks alienating European voters”, Mark Leonard said.

The EU doesn’t have the backing of its citizens to follow the US in its new Cold War pursuit. But unlike the views of the authors of the study, my view is that this is not a transatlantic rift that we actually have to be trying to fix. Biden’s China policy won’t be Europe’s China policy, and that’s that, despite US efforts to persuade Europe to follow, as I’ve argued months ago for the Brussels Report and in Modern Diplomacy.

In March this year, Gallup released a poll that showed that 45% of Americans see China as the greatest US enemy. The poll did not frame the question as Cold War but it can be argued that Joe Biden has some mandate derived from the opinion of American people. That is not the case for Europe at all, to the extent that most of us don’t see “China as an enemy” even as a relevant question.

The US’s China pursuit is already giving horrible for the US results in Europe, as French President Macron withdrew the French Ambassador to the US. The US made a deal already in June, as a part of the trilateral partnership with the UK and Australia, and stabbed France in the back months ago to Macron’s last-minute surprise last week. Max Boot at the Council on Foreign Relations argues that it is Macron that is actually arrogant to expect that commitments and deals should mean something: “Back in February, Macron rejected the idea of a U.S.-E.U. common front against China. Now he complains when America pursues its own strategy against China. What’s French for chutzpah?” What Boot does get right is that indeed, there won’t be a joint US-EU front on China, and European citizens also don’t want this, as the recent poll has made clear.

The US saying Europe should follow the US into a Cold War with China over human rights is the same thing as China saying that Europe should start a Cold War with the US over the bad US human rights record. It’s not going to happen. You have to understand that this is how ridiculous the proposition sounds to us, Europeans. Leonard and Krastev urge the EU leadership to “make the case for more assertive policies” towards China around European and national interests rather than a Cold War logic, so that they can sell a strong, united, and compelling case for the future of the Atlantic alliance to European citizens.

I am not sure that I agree, as “more assertive policies” and “cold war” is probably the same thing in the mind of most Europeans and I don’t think that the nuance helps here or matters at all. Leaders like Biden argue anyway that the US is not really pursuing a Cold War. The authors caution EU leaders against adopting a “cold war” framing. You say “framing”, I say “spin”. Should we be in engaging in spins at all to sell unnecessary conflict to EU citizens only to please the US?

Unlike during the first cold war, [Europeans] do not see an immediate, existential threat”, Leonard clarified. European politicians can no longer rely on tensions with China to convince the electorate of the value of transatlantic relations. “Instead, they need to make the case from European interests, showing how a rebalanced alliance can empower and restore sovereignty to European citizens in a dangerous world”, Mark Leonard added. The study shows that there is a growing “disconnect” between the policy ambitions of those in Brussels and how Europeans think. EU citizens should stick to their sentiments and not be convinced to look for conflict where it doesn’t exist, or change what they see and hear with their own eyes and ears in favor of elusive things like the transatlantic partnership, which the US itself doesn’t believe in anyways. And the last thing that should be done is to scare Europeans by convincing them they live in a “dangerous world” and China is the biggest threat or concern.

What the study makes clear is that a Cold War framing against China is likely to repel more EU voters than it attracts, and if there is one thing that politicians know it is that you have to listen to the polls in what your people are telling you instead of engaging in spins. Those that don’t listen in advance get the signs eventually. At the end of the day it’s not important what Biden wants.

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Germany and its Neo-imperial quest

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In January 2021, eight months ago, when rumours about the possibility of appointment of Christian Schmidt as the High Representative in Bosnia occurred for the first time, I published the text under the title ‘Has Germany Lost Its NATO Compass?’. In this text I announced that Schmidt was appointed to help Dragan Čović, the leader of the Croatian HDZ party, to disrupt the constitutional structure of Bosnia-Herzegovina and create precoditions for secession of the Serb- and Croatian-held territories in Bosnia and the country’s final dissolution. I can hardly add anything new to it, except for the fact that Schmidt’s recent statements at the conference of Deutsche Atlantische Gesellschaft have fully confirmed my claims that his role in Bosnia is to act as Čović’s ally in the latter’s attempts to carve up the Bosnian Constitution.

Schmidt is a person with a heavy burden, the burden of a man who has continuously been promoting Croatian interests, for which the Croatian state decorated him with the medal of “Ante Starčević”, which, in his own words, he “proudly wears” and shares with several Croatian convicted war criminals who participated in the 1992-1995 aggression on Bosnia, whom Schmidt obviously perceives as his ideological brethren. The question is, then, why Germany appointed him as the High Representative in Bosnia? 

Germany’s policy towards Bosnia, exercised mostly through the institutions of the European Union, has continuously been based on the concept of Bosnia’s ethnic partition. The phrases that we can occassionaly hear from the EU, on inviolability of state boundaries in the Balkans, is just a rhetoric adapted to the demands by the United States to keep these boundaries intact. So far, these boundaries have remained intact mainly due to the US efforts to preserve them. However, from the notorious Lisbon Conference in February 1992 to the present day, the European Union has always officially stood behind the idea that Bosnia-Herzegovina should be partitioned along ethnic lines. At the Lisbon Conference, Lord Carrington and Jose Cutileiro, the official representatives of the then European Community, which has in the meantime been rebranded as the European Union, drew the maps with lines of ethnic partition of Bosnia-Herzegovina, along which the ethnic cleansing was committed, with 100.000 killed and 1,000.000 expelled, so as to make its territory compatible with their maps. Neither Germany nor the European Union have ever distanced themselves from the idea they promoted and imposed at the Lisbon Conference as ‘the only possible solution’ for Bosnia, despite the grave consequences that followed. Nor has this idea ever stopped being a must within their foreign policy circles, as it has recently been demonstrated by the so-called Janša Non-Paper, launched a couple of months ago, which also advocates the final partition and dissolution of Bosnia-Herzegovina. Such a plan is probably a product of the powerful right-wing circles in the European institutions, such as Schmidt’s CSU, rather than a homework of Janez Janša, the current Prime Minister of Slovenia, whose party is a part of these circles, albeit a minor one. To be sure, Germany is not the original author of the idea of Bosnia’s partition, this author is Great Britain, which launched it directly through Lord Carrington at the Lisbon Conference. Yet, Germany has never shown a will to distance itself from this idea, nor has it done the European Union. Moreover, the appointment of Schmidt, as a member of those political circles which promote ethnic partition as the only solution for multiethnic countries, testifies to the fact that Germany has decided to fully apply this idea and act as its chief promoter.

In this process, the neighbouring countries, Serbia and Croatia, with their extreme nationalist policies, can only act as the EU’s proxies, in charge for the physical implemenation of Bosnia’s pre-meditated disappearance. All the crimes that Serbia and Croatia committed on the Bosnian soil – from the military aggression, over war crimes, ethnic cleansing and genocide, up to the 30 year-long efforts to undermine Bosnia’s sovereignty and territorial integrity – have always had a direct approval and absolute support of the leading EU countries. During the war and in its aftermath, Great Britain and France were the leaders of the initiatives to impose ethnic partition on the citizens of Bosnia-Herzegovina, and now Germany has taken up their role. In such a context, the increasing aggressiveness of Serbia and Croatia can only be interpreted as a consequence of the EU’s intention to finish with Bosnia for good, and Schmidt has arrived to Bosnia to facilitate that process. Therefore, it is high time for the citizens of Bosnia-Herzegovina to abandon any ilussions about the true intentions of the European Union and reject its Trojan Horse in the form of the current High Representative.  

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Should there be an age limit to be President?

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The presidential elections in Bulgaria are nearing in November 2021 and I would like to run for President of Bulgaria, but the issue is the age limit.

To run for President in Bulgaria a candidate needs to be at least 40 years old and I am 37. I am not the first to raise the question: should there be an age limit to run for President, and generally for office, and isn’t an age limit actually age discrimination?

Under the international human rights law standard, putting an age limit is allowed in the context of political participation under the right to vote and the right to run to be elected. Human Rights Committee General Comment No.25 interpreting the International Covenant on Civil and Political Rights states that an age limit has to be based on objective and reasonable criteria, adding that it is reasonable to have a higher age requirement for certain offices. As it stands, the law says that having an age limit for president is not age discrimination, but is 40 actually a reasonable cut-off? National legislations can change. We need to lower the age limit and rethink what’s a reasonable age for President, and not do away with all age limits.

We have seen strong leaders emerge as heads of state and government who are below 40 years of age. Sanna Marin, Prime Minister of Finland, became Prime Minister at 34. Sebastrian Kurz, the Prime Minister of Austria, was elected at 31. Jacinda Ardern, Prime Minister of New Zealand, assumed her position at 37. So perhaps it is time to rethink age limits for the highest offices.

The US has plenty of examples where elected Senators and Congressmen actually beat the age limit and made it despite the convention. The age limit for Senator in the US is 30 years old. Rush Holt was elected to the US Senate at 29. In South Carolina, two State Senators were elected at 24 years old and they were seated anyways. The age limit for US president is 35 years old.

In Argentina, the age cut-off is 30. In India, it is 35. In Pakistan, it is 45 years old. In Turkey, it is 40 years old. Iceland says 35 years old. In France, it is 18.

Generally, democracies set lower age limits. More conservative countries set the age limit higher in line with stereotypes rather than any real world evidence that a 45 year-old or 55 year-old person would be more effective and better suited to the job. Liberal countries tend to set lower age limits.

40 years old to be a President of Bulgaria seems to be an arbitrary line drawn. And while it is legal to have some age limits, 40 years old seems to be last century. Changing the age limit for president of Bulgaria could be a task for the next Bulgarian Parliament for which Bulgarians will also vote on the same date as they vote for President.

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