The EU as global actor and its influence on the global gender regime

Content

Declaration

Abstract

1. Introduction page

2. Theoretical Reflections page

3. EU as a global actor in trade page

4. Analysis of the Sustainable Impact Assessments (SIAs) page

5. Conclusion page

6. Bibliography page

Declaration

I declare that, to the best of my knowledge and belief and in accordance with the policies of the University of Auckland, this dissertation is my own work, all sources have been properly acknowledged to the full extent of my indebtedness, and the assignment contains no plagiarism. I further declare that I have not previously submitted this work or any version of it for assessment in any other Department or Faculty or for any award offered by the University of Auckland, its partner institutions, or any other institution. I further declare that I understand the plagiarism policy of the University of Auckland and the Department of Political Studies, including the penalties for which I am liable should my work be found to contain plagiarised material.

Signed: Stefanie Kessler Date: 29.08.2008

Abstract

In the last years the European Union (EU) transformed the European gender regime towards gender equality thoroughly. This dissertation deals with the question of the EU's external influence on tranforming societies. Is the external influence coherent with internal claims? Trade is the EU's most important external policy area. The EU is an economic giant based on the largest single market in the world. Thus the EU has power in and through trade. The EU makes increasingly the adaptation of normative standards a condition to access its market. Does the EU integrate also standards on gender equality? And does the EU transform gender regimes globally through trade? What impacts does the EU have on gender regimes?

This dissertation examines gender impacts in the Sustainability Impact Assessments that show possible impacts of trade agreements between the EU and its partners. The analysis shows that gender is secondary to economic growth and not directed towards gender equality. As a consequence the EU does not use its power through trade and the coherence of internal and external efforts is questionable.

1. Introduction

The European Union (EU) has a growing role in the world. More than 50 years ago it was founded after the end of the second world war in order to secure peace in Europe and to overcome the opposition between France and Germany (Schuman. 1950)¹. France and Germany have been the main opponents in Europe causing fight and death in the France-Prussian War, the First World War and the Second World War. Europe needed a miracle to recover. The idea of Schuman and Monnet was to secure peace by placing the production of coal and steel under high authority within an international organisation (Schuman. 1950). Thus the "industries that had built the weapons of the war would now provide the foundations of peace" (Leonard. 2005: 19). The first treaty established the European Coal and Steel Community in 1952 between France, Germany, Italy and the Benelux countries. This agreement created a common market among European member states for trade in steel and coal. Monnets idea was that through cooperation in one area officials and politicians from different countries would start to get to know each other and think about other areas where they could work together (Leonard. 2005: 11). "Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements, which first create a de facto solidarity" (Schuman. 1950). Thus, the member states tried to build in the end of the 1960s a European Defence Community and a European Political Community both failing due to opposition of the ratification by the French parliament. The member states had to accept that it was not possible to create a perfect community at once. They concentrated on building upon the first treaty. In 1958 the Treaty of Rome followed and expanded the economic cooperation among the member states. It created a general common market and an atomic energy community. Furthermore, the member states established institutions and decision-making mechanisms that made it possible to express both national interests and a community vision.

Since then the community kept growing and deepening. Jean Monnet’s idea of the European integration was about constant negotiation and reform (Leonard. 2005: 12). That reflected the future integration and enlargement process as not linear, but shaped by the negotiation of state interests of states and other actors. European integration is characterised by setbacks and also stagnant periods. However the story of the European integration is one of major successes. It transformed Europe in the last 50 years into a continent of peace and prosperity (Leonard. 2005: xi).

More states joined the community. Today there are 27 member states of the EU and approximately 490 Million people living within the EU. As a consequence, the union is now one of the biggest entities² in the world. And there are still more European states attracted by a membership: Croatia, the former Yugoslav Republic of Macedonia and Turkey are currently in the accession process and there are more states on the waiting list.

During the last 50 years the member states agreed to cooperate in a number of policy areas and reforms of the institutions and the decision- making process. After the Treaty of Rome followed the Single European Act (1986), the Treaty of Maastricht (1992), Amsterdam (1998), Nice (2001) and the effort for a European Constitutional Treaty which failed due to public opposition. A new consensus was found in the Treaty of Lisbon (2007).

Over the years, the EU broadened its jurisdiction. The member states transfered sovereign power from the national level to the community institutions, which evolved and achieved policymaking autonomy in the supranational pillar of the European Community (EC)³. EU institutions can partially pass their own laws in the integrated policy areas that are superior to national legislation of the member states⁴. As a result of this ceding of sovereignty, the EU is now a supranational entity, distinctive from other regional and international organisations (Rhodes. 1998b: 2).

With its focus mainly on economic integration the EU could be called a neoliberal project⁵. The member states opened the national markets for each other in order to increase their mutual growth and prosperity. Social standards apparently do not fit into this system. However, the combined objectives of market integration and social cohesion makes the EU different from other neoliberal projects. Social standards are not barriers but rather enablers of a common market (True. 2008: 1). The EU synthesises economic liberalism with social democracy (Leonard. 2005: 7) based on the long welfare tradition of Europe.

The member states share common values, which are the basis of social standards. The new reform Treaty of Lisbon states:

The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail (European Union. 2007: Art 1a).

The main objective of the EU in the world is also mentioned in the treaty:

In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter (European Union. 2007: Art. 2.5).

The EU seems to present itself therefore very much as an example or model for world politics (Lucarelli. 2006: 3).

Discourse in Political Science and International Relations

In Political Science and International relations (IR), scholars increasingly discuss the global role of the EU. While the EU grows in its international dimension, increased the literature discussing Europe's capability in the global arena. Scholars agree the EU has a global impact and they regard it as an international actor (Leonard. 2005; Bretherton/Vogler. 2006; Orbie. 2008). Its visibility in the world is getting stronger and Europe increasingly defines global rules (Rhodes. 1998b: 1). Mark Leonard even argues that Europa may "run the 21st century" (Leonard. 2005). Internationally the EU represents an 'multiperspectival' actor 'under construction'. It is still evolving as the integration process continues. As a result, the EU cannot be seen as a definite entity, but as shifting, changing and growing in its character and scope (Bretherton/Vogler. 2006: 12-36). The policy areas that define the global role of the EU are trade, development cooperation, environmental policy, foreign and security policy, aid, humanitarian assistance, external relations and the enlargement process. The extent of each area in defining Europe's global role is different.

What does most scholars interest? Above all it seems to be the question about the extent and nature of the global impact of the EU. Duchêne (1972; 1973) speaks about the EU (back then EC) as a civilian power, an economic giant that spreads internationally civilian and democratic standards of governance based on the 'ethics of responsibility'. More recently scholars have developed this concept further (Whitman. 1998; Telò. 2006; Orbin. 2008). But there are several other concepts. Therborn (2001) focuses more on the normative content of the EU. He describes it as a 'normative area', a system of regulations formed through the historical experiences of the EU. The role of the EU in world politics is linked with its normative nature and has the ability to influence by promoting its economic and normative model. Ian Manners (2000) pays attention to the 'normative power' of the EU linking its normative identity with its global role and action. Leonard (2005) argues that the EU is a transformative power that has the ability to change countries and bring peace. This transformative power lies in the condition for countries to enter the EU sphere: every country has to integrate the aquis communitaire⁶ and adopt European standards.

According to most of these concepts the EU should have a global impact on transforming societies not only within Europe (to its member states, the new accession countries and its direct neighbours) but also globally (especially to developing countries and former colonies).

The question is if Europe's internal values and actions are coherent with its external ones. Does the EU really follow its stated objectives from the Treaty of Lisbon?.

The European Commission stated in 2006:

There is an inextricable link between the EU’s internal and external policies. From the very beginning the Treaty recognized that there could be no internal market without the common customs regime and a common trade policy. (... )Similar reasoning applies in a range of other policies – for example (...) employment and social policy (...) – where the development of internal policies has naturally led to a more active external role for the EU (Commission of the European Communities. 2006: 4).

Thus the EU itself aspires a coherence between its internal and external policies. But is this reality? Does the EU promote its values globally? And does the EU make a difference globally?

This disstertation explores the extent and impact of the EU in promoting its shared values externally. Does it have a similiar effect as internally or is there even a contradiction between internal and external effects? There are several ways of understanding the EU’s global influence:

A) The EU promotes with a great effort its shared values in its statements and partnerships with other countries. It demands in exchange to access to its market or financial aid that those countries adapt to the EU values and accept parts of the aquis communitaire. The EU hence transforms other societies from within.
B) The promotion of EU's values is secondary to economic growth. The EU seeks to promote its values, but has no real instruments to enforce its values in other states and it might be difficult given cultural sensitivities.
C) The objective of promoting the shared values of the EU in the world is just rhetoric, and not meaningfully promoted and/or implemented through external policies and programmes. It therefore contradicts the internal efforts of the EU. The EU makes a difference within its boarders but is not interested in change elsewhere.

Most likely is probably option B. The EU is most of interested in the market, but also recognises its need for coherence of its internal and external policies. The EU will therefore make an effort to promote its values also externally. However, there might be difficulties given strong cultural differences between the EU and other countries in the world (Novitz. 2008). Anyway 50 years ago nobody would have thought that the EU might have such a success in bringing peace and prosperity to the continent. The EU evolves slowly with many obstacles in its way. This might be as well the case for the promotion of its values externally.

EU Integration of Gender equality

Gender equality is one of the most interesting policy areas to study. According to Catherine Hoskyns (1996: 1) it is "the most developed of the EU's social policy programmes, and the only one where legislative measures have been activated by a mobilised political constituency for more than two decades". Actually it is a rare exception, because social policy remains mostly a national affair (Van der Vleuten. 2007: 3). The EU defines gender equality⁷ as "a fundamental right, a common value (...), and a necessary condition for the achievement (...) of growth, employment and social cohesion" (Commission of the European Communities. 2006a). "The Community shall aim to eliminate inequalities, and to promote equality, between men and women" (European Union. 1998: Art.3.2). More specifically gender equality means equal opportunities for women and men at the labour market and equal treatment at work (European Union. 1998: Art. 137.1). Gender equality was first time mentioned in the Treaty of Amsterdam as one of its core values (European Union. 1998: Art. 2). The Lisbon strategy especially focuses in its priorities on overcoming the gender pay gap and increasing the number of women in employment (European Council. 2000). Later it applied the gender mainstreaming principle to all its priorities (European Council. 2004). The EU's concept of gender equality is therefore tied to the goal of economic integration.

The integration of gender policy reflects the evolution of social standards within the EU. First integrated as part of the social chapter of the Treaty of Rome to ensure equal pay for equal work among women and men, gender equality was meant to overcome an economic barrier for France who signed already in 1951 the Equal Remuneration Convention of the International Labour Organisation. But Article 119 of the Treaty of Rome was not implemented because most member states had no interest in providing equal pay for women. It needed the women's movement in the 1970s to activate the Article⁸. Later the member states started to think about creating minimum social standards for workers throughout the community (Heide. 2004: 17-18).

In the context of the United Nations World Conference on Women in Beijing 1995 the EU made an effort to broaden its gender policy. It was actively involved in the preparation of the conference. Later the EU adopted the principle of 'gender mainstreaming' following the Action Platform of the world conference. 1996 the European Commission stated that:

The principle of 'gender mainstreaming' consists of taking systematic account of the differences between the conditions, situations and needs of women and men in all Community policies and actions (Commission of the European Communities. 1996: 1).

Gender mainstreaming significantly opened the gender equality agenda of the EU because it applies to all institutions and policies (Pollack and Hafner- Burton. 2000: 434). Before it was concentrated on equal pay and equal treatment of women in the workplace. After 1996 there were effectively three different models of equal opportunities within the EU: equal treatment, positive action and gender mainstreaming which are inclusive and interactive (Rees. 1998: 27f) 50 years of gender policy made a difference for women and men within the EU (Van der Vleuten. 2007: 1) and "brought a 'shock' to national policy systems" (Mazey. 1998: 131). Gender regimes⁹ are increasingly influenced by EU legislation (Pascall and Lewis. 2004: 377). James Caporaso and Joseph Jupille (2001) examined domestic structural changes in France and the UK because of the Europeanisation of gender equality policy. For both countries it brought a great change to their domestic legislation. But the adaption process for the UK was harder because its legislation showed a greater difference. Gender equality policy has also a profound impact on new member states that have to implement gender equality legislation as part of the acquis communitaire (Guillén and Palier. 2004). Turkey, for instance, makes a great progress towards gender equality as part of the EU accession process (Baç. 2005)¹⁰.

The EU made a strong commitment towards gender equality. Consequently gender equality should be integrated as well in the policy areas that define the EU as a global actor. The promotion of gender equality in these policy areas should have an external impact, especially for developing countries that have longterm partnerships with the EU¹¹.

However, the implementation and acceptance of gender mainstreaming across policy areas differs greatly depending on the political opportunity and mobilizing structures in the different Directorates-General (DGs) of the European Commission (Pollack and Hafner-Burton. 2000: 450- 453). For this reason, we cannot take the implementation of gender mainstreaming in trade, development cooperation, environmental policy, foreign and security policy, etc. for granted. Gender equality issues have traditionally not been addressed in these areas. Mainstream scholars in Political Science and IR see them as 'gender neutral'. Feminist scholars argue that there is no 'gender neutral' area. Gender is a central principle of organising societies and influences therefore all areas of life¹². Trade, development cooperation, environmental policy, foreign and security policy, etc. have not been in the focus of feminists analyses because gender relations are not as obvious as they are in social policy. But they are no less gendered (True. 2008: 1).

In this dissertation I focus on trade policy since it is the most important policy area for the EU economic integration. Europe created the largest single market in the world. This is very attractive for trade partners. There are about "1.3 billion people in about 80 countries – in the former Soviet Union, the Balkans, North Africa and the Middle East and Sub- Saharan Africa – who depend on the EU for trade, finance, foreign investment and aid" (Leonard. 2005: xii). In particular, I will analyse the Sustainable Impact Assessments (SIA) that are conducted in order to identify the potential economic, social and environmental impacts of any given trade agreement between the EU and a potential trade partner. The studies are undertaken during the negotiation process of a trade agreement and provide evidence of potential external impacts of promoting gender equality in trade for partner countries. In analysing these SIAs I focus on discourses of gender in trade.

To provide a framework for analysing the gendered dimensions of EU trade policy, I will explore different theories for understanding the behaviour of the EU in IR and explaining its emerging global role.

2. Theoretical Reflections

In this section I examine different approaches of understanding the EU as global actor. Which theory of IR is capable to explain a potential global impact of the EU's values, especially of gender equality? I consider the major theories of IR: Realism, Liberalism, Constructivism and Feminism.

I will reflect upon the following criteria: an understanding of the different dimensions of power, the explanatory power for the integration of gender equality policy and the ability to comprehend the EU as a global actor in research.

Realism

Political Realism sees the international systems as anarchic. There is no international government that could rule the world. States are in constant conflict with each other. Humans are selfish and egoistic. Within states egoism is constrained through political rule, but in IR states aspire power at any will. Realism assumes that power is measurable and that states compete for more power over others (Guzzini. 2005: 689/690 and Donnelly. 2005). Power is materially defined by military capability and control over resources. Thus Realism conceptualises power exclusively as 'power over'¹³. In realism states remain the most important actors. Realists distrust international organisations and international law.

According to classical Realism an institution like the EU could not be possible. States would not voluntarily give power to a supranational institution. Hence a realistic explanation of European Integration is very limited and fails to explain the intergration of gender policy. European Integration seems to be more like a puzzle for realists most unlikely to happen (Pollack. 2001: 223). That is why a realistic approach can be excluded in this dissertation.

Liberalism

Liberalism is based on the ideas of the European Enlightment and has profoundly influenced the 'western world'. Liberalism believes in political freedom, democracy and guaranteed rights. Most important is the liberty and equality of each individual. States and international organisations are obliged to protect these individual (human) rights. Liberalism believes in market capitalism that supposedly provides welfare and allocates resources efficiently. States and international organisation should promote economic freedom. Liberalists think of history as progressive, linear and directed towards liberal democracy, modernisation and interdependence. Democracy is seen as the universal principle for organising human societies. Globally the spread of democracy increasingly eliminates violent conflicts between states and pacifies their relations building on shared norms. Modernisation and globalisation processes significally change global politics. International institutions coordinate these changes. Based on the normative consensus of liberal values states cooperate globally. Overall Liberalism fundamentally challenges the assumptions of Realism (Burchill. 2005; Barnett and Duvall. 2005: 5-6).

Liberalism is strongly embedded in the foundation of the European Union, especially in its values (peace, liberty, democracy). But the EU is not not exclusively based on Liberalism. It involves also values based on social democracy and the European welfare tradition (solidarity, equality, sustainable development) (Manners. 2006).

There are several strands in liberalism attempting to explain European Integration. Most interesting is in this context the neoliberal institutionalism.

Neoliberal institutionalism focuses on free trade and the removal of barriers in markets. It argues that the European Integration was based on the belief that economic cooperation can reduce the probability of conflicts between states. Therefore a common interest in economy helps to overcome oppositions and/or conflicts and to agree on a shared economic and political framework. First a cooperation would be based on rather technical aspects. Later on it could 'spill over' into other areas where states might gain advantages from cooperation (Burchill. 2005: 64). For instance, the integration of gender equality could be a 'spill-over' effect.

International institutions play an important role in coordinating cooperation between states. They are defined as rules that govern state behaviour. (Burchill. 2005: 64-66). The EU has the role to coordinate and enforce the cooperation between the 27 member states, but also to encourage new integration. Hence the EU is much more defined as actor in neoliberal institutionalism than in all other discussed theories. But still it is not seen as an actor that has the capacity to have a great influence globally. States remain more important.

Liberalism in general underestimates the concept of power. Power is masked behind bargaining, cooperating and coordinating. In all those processes power is clearly there, but not addressed by Liberalism (Barnett and Duvall. 2006: 6). Liberalist approaches are therefore not useful in this dissertation.

Furthermore there is a strong critique from feminism about Liberalism as its concepts are exclusively based on male norms and interests. Feminism criticises especially the seperation of private and public realms alongside a gender division and the image of the universal individual that is based on a male norm. It argues that the subordination of women is immanent in liberalism (Pateman. 1988, 1989; Phillips. 1991).

Constructivism

Constructivism is both oppossed to Realism and Liberalism. It focuses on normative as well as material structures and the role of identity in shaping actions and the constitutive relationship between actors and structure. Constructivism emphasises empirical analysis by studying human discourse and practice of particular puzzles in IR (Risse. 2004; Reus-Smit. 2005; Klotz and Lynch. 2007). Fundamentally Constructivism believes that humans are socially embedded and that social reality is constructed and reproduced by humans. The behaviour of humans is therefore not merely constituted by material structures but also equally by normative ones. A normative structure is defined by shared ideas, beliefs and values of humans. They influence actions of humans directly and indirectly. Directly ideas, beliefs and values form the identity of humans and therefore their interest and, in turn, their actions. Consequently humans are influenced through their social environment. Indirectly they give a meaning to things. For instance gold is only important because we share the idea of using it as a value for payments. Thus a material structure is as well formed through the normative structure. It only exists because of a shared knowledge between actors. Again, a normative structure is also formed and reproduced through the practice of humans. The relation between struture and agents is therefore co-determined. An understanding of how normative structures and practices influence the interests and decisions of actors is important for analysing events or phenomens in IR.

Constructivism is a meta-theory which was not explicitly developed to explain European Integration, but can be used for this purpose. Constructivism does not only ask how European Integration is constituted through the interest formation of states and non-state actors, but also how this Europeanisation might have, in return, an influence on states, especially on domestic legislation (Cowles, Carporaso and Risse. 2001). It is a two-way approach (Risse. 2004). The EU was for instance crucial for the introduction of gender equality in many European member states, where it was of no importance. The EU has proven transformative potential to challenge and enforce social norms (Kronsell. 2005: 1031/1032).

[...]

¹ See also more detailed information on the postwar history of Europe in Tony Judt's book Postwar – A History of Europe Since 1945(2005).

² The European Union is not an entity in terms of a state. Nevertheless it is seen from third parties as one big actor especially in terms of trade (Bretherton and Vogler. 2006: 22)

³ The architecture of the EU is often symbolized in pillars devided into a supranational pillar and two intergouvernmental pillars. The supranational pillar consists of the EC law and the intergouvernmental pillars of Common Foreign and Security Policy (CFSP) and the Police and judical cooperation (Stevens. 2000: 147).

⁴ The Treaty of Maastricht etablished the pillar system of the European Union. The first pillar is the community pillar where the institutions can pass laws mainly in economy, trade and related policies like environments, immigration, etc. based on the founding treaties. The second pillar of foreign and security policy and the third pillar of police and judical cooperation are intergovernemental. Thus the instituions cannot pass laws here, but only give recommendations.

⁵ Neoliberalism refers commonly to postwar economic liberalism associated with the expansion and freedom of capital. International economic liberalism promotes open international trade, an international monetary system and economic development. It establishes a system that is market-based and market-led. Its focus is on the individual as a consumer and is generally opposed to welfare systems that regulate and hamper the market (Cerny. 2005: 580-590).

⁶ Acquis communitaire is the name for all laws of the European Union including treatier and direct EU legislation.

⁷ In feminism gender equality means the equal treatment of women and men in laws and policies, the equal access to resources and services within families, communities and society at large. Gender equality should not be orientated at male norm, but take differences into account (Nash. 2000: 174). Generally the concept of gender equality is complicated as it is based on the liberal idea of the individual that theoretically excludes women (Andermahr / Lovell / Wolkowitz. 1997: 78). The definition of the European Union is therefore quite limited. See also chapter 2, Feminism.

⁸ The stewardess Gabrielle Defrenne complained in the 1970s on the basis of article 119 of the Treaty of Rome against her employer the Belgian airline Sabena. The article was revived and opened the way for further activities on gender policy in the EU (Fuhrmann, 2006: 157).

⁹ Gender regimes conceptualise gender as constructed within a system of subordination and precedence (Ostner/Lewis. 1995: 161). According to Silvia Walby a gender regime contains several levels: the social system, the differentiation of public and the private and the degree of inequality, the constitution through economy, polity and civil society and the social practices. All levels are interconnected and constitute a gender regime (Walby. 2004: 10). Gender equality can only be achieved by tackling all levels of a gender regime. Although one level may also influence another and bring change.

¹⁰ See alsoGendering Europeanisation(Liebert. 2003) that examines the patterns of EU gender policy's influence on different EU member states.

¹¹ The EU has special partnerships with former colonial countries in Africa, the Pacific and the Caribbeans. The first agreement was the Lomé convention in 1979 (Council of European Communities. 1979), updated by the current Cotonou agreement (2000).

¹² Gender is the socially and culturally constructed meaning attached to sex constituting the relations between men and women. Gender is not biologically determined, but entirely constructed. Gender is a central principle of organising societies and thus defines our way of life (Lazar. 2005: 5). See also chapter 2, Feminism.

¹³ Barnett and Duvall conceptualise power in global governance as involving "rules, structure, and institutions that guide, regulate, and control social life" (2005: 2). Power over is the most classical concept of power (Lukes. 1974). But Barnett and Duvall identify overall four forms of power: compulsory power, institutional power, structural power and productive power (ibid.: 3).