The Brief, powered by GIE – Cod War II

The 50-year-old controversy between Japan, the People’s Republic of China (PRC) and Taiwan over the sovereignty of a group of tiny, uninhabited islets and rocks in the East China Sea, administered by Japan and referred to as the Senkaku Islands in Japan, as the Diaoyu Islands in the PRC and as the Diaoyutai Islands in Taiwan has become a proxy battlefield in the growing Sino-US great power competition in the Indo-Pacific, against the backdrop of a widening Sino-Japanese power gap. Since 1971, when the PRC and Taiwan laid claim to the contested islets and rocks for the first time, challenging Japan’s position of having incorporated them into Japanese territory as terra nullius in 1895, possible avenues for settling the controversy have either been unsuccessful or remained unexplored. The PRC’s meteoric economic rise and rapid military modernisation has gradually shifted the Sino-Japanese power balance, nourishing the PRC leadership’s more assertive, albeit failed, push for Japan to recognise the existence of a dispute. Two incidents in the 2010s, perceived by the PRC as consolidating Japan’s administrative control, led to the PRC starting to conduct grey-zone operations in the waters surrounding the islets and rocks with increasing frequency and duration, to reassert its claims and change the status quo in its favour without prompting a war. The EU has held a position of principled neutrality as regards the legal title to the disputed islands. However, the risk of unintended incidents, miscalculation and military conflict arising from the unresolved dispute poses a challenge to regional peace and stability and to the EU’s economic and security interests. The EU’s 2021 Indo-Pacific strategy takes a cooperative and inclusive approach, to promote a rules-based international order and respect for international law. This may include a greater Indo-Pacific naval presence under the strategy’s maritime security dimension.

Source : © European Union, 2021 – EP

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

The French government on Monday (3 May) lashed out at new regulations which Britain has declared for fishing in its waters near the Channel Islands, deeming them “null and void” in a deepening post-Brexit row.

British Prime Minister Boris Johnson has sent two Navy patrol vessels to Jersey over concerns that French fishermen could blockade its main port in an escalating post-Brexit row.

The Channel island of Jersey has become the unlikely centre of the wider row over access to fishing waters between the UK and France, with the government in Paris on Tuesday threatening that electricity supply to the island could be…