Constitutional Debate on European Union’s Shifting Pathway towards Supranationalism

Article Sidebar

Fulltext (English)
Published Jun 9, 2022
DOI https://doi.org/10.15294/lesrev.v6i1.54284

Main Article Content

Muhammad Bahrul Ulum
University of Jember
https://orcid.org/0000-0002-5600-5500
Sripathi Dwarakanath
Symbiosis International University
Gautama Budi Arundhati
University of Jember

Abstract

The rapid evolution of the European Union (EU) has suggested a new debate on regionalism due to the institutional transformation from intergovernmentalism to supranationalism. Hitherto, the EU has undergone a shifting pathway as a supranational institution that raises a further debate on supranational constitutionalism. This paper aimed to critically examine the EU's legal capacity for external relations at the World Trade Organization (WTO) following in identifying the impact of the EU member states to become members of this world institution as well. However, new approaches were considered within the shifting paradigm, which includes supranational union as an emerging pivotal global actor in international relations. This paper showed that the emergence of EU supranationalism has challenged the traditional debate on state sovereignty rooted in the Westphalian concept, particularly against the state primacy in international law. While the EU regionalism contributed to legal conversation both in the regional and international arena, the juxtaposition of the state and the supranational 'state' has increasingly blurred their limits, becoming sui generis in regionalism and state discourses among the areas of international law and constitutional law.

Article Details

How to Cite
Ulum, M. B., Dwarakanath, S., & Arundhati, G. B. (2022). Constitutional Debate on European Union’s Shifting Pathway towards Supranationalism. Lex Scientia Law Review, 6(1), 1-32. https://doi.org/10.15294/lesrev.v6i1.54284
Issue
Vol 6 No 1 (2022): Development of Equitable Law in Indonesia and Global Perspective
Section
Articles
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

All writings published in this journal are personal views of the authors and do not represent the view of this journal and the author's affiliated institutions. Authors retain the copyrights under this license, see our copyrights notice.

Author Biographies

Muhammad Bahrul Ulum, University of Jember

Muhammad Bahrul Ulum, S.H. (University of Jember, India), LL.M. (Osmania University, India) is a lecturer of law at the University of Jember, Indonesia. His works particularly focus on the intersection of constitutionalism, human rights, and political economy. He got a research grant from the Islamic Development Bank for a visiting scholarship at Nagoya University from October to December 2018 and the UNEJ research grant for a similar event at Airlangga University from November to December 2019. In 2017-2021, he was selected to present papers at various conferences held by the Indonesian Constitutional Court, University of Jember, University of Sydney, University of Indonesia, and Vietnam National University. In addition, in 2019, he joined the 43rd Southeast Asia Seminar held by Kyoto University in Hanoi, Vietnam. In 2022, he was selected to present a paper at the 2nd Asian Legal History Conference held by Thammasat University and the National University of Singapore.

Sripathi Dwarakanath, Symbiosis International University

Sripati Dwarakanath is a professor of international law at Symbiosis International University, India. He graduated law from bachelor to doctoral degrees from Osmania University, India. He published articles on various law topics in standard law journals in India and presented papers in more than 20 national and international seminars and conferences. In July 2015, he presented a paper titled" Live-in-Relationship–Vanishing point of Institution of Marriage," organized by ATINER, Athens, Greece. He also visited Seoul, South Korea, to attend a Conference on Peace.

Gautama Budi Arundhati, University of Jember

Gautama Budi Arundhati is a lecturer at the Faculty of Law, University of Jember, Indonesia. He completed a Bachelor of Laws (Sarjana Hukum, S.H.) at the Faculty of Law, University of Jember, Indonesia, and the Master of European Law Program on the Track of Human Rights and Migration Law (LL.M.) at Radboud University Nijmegen, the Netherlands. Currently, he is finishing up a Doctor of Laws degree at the Faculty of Law, Airlangga University, Indonesia. In 2012 and 2013, he attended the CPG Winter School at Thammasat University, Thailand, the CPG Spring School on German Law at the University of Munster in Munster, Germany in 2015; as well as participated in the JICA Knowledge Co-Creation Programme on Legislation Process in Tokyo, Japan in 2018. He also participated in the Online Summer School on Comparative Regionalism in a Changing World Order organized by Unair UNU-CRISS, Higher School of Economics of M. Narikbayev KAZGUU University in 2021.

References

Adiwibowo, Yusuf. “The Scientific Principle of Food Safety in the Agreement on Sanitary and Phytosanitary Measures.” Lentera Hukum 7, no. 2 (July 28, 2020): 171–88. https://doi.org/10.19184/ejlh.v7i2.17805.

Ames, Glenn C. W. “Bananas, Beef, and Biotechnology: Three Contentious U.S.-EU Trade Disputes.” Applied Economic Perspectives and Policy 23, no. 1 (March 1, 2001): 214–22. https://doi.org/10.1111/1058-7195.00056.

Archick, Kristin. “The European Union: Questions and Answers.” Russia, China and Eurasia 27, no. 4/5 (2011): 823.

Barnett, Hilaire. Constitutional and Administrative Law. Routledge, 2006.

Basu, Durga Das. Comparative Federalism. New Delhi: LexisNexis, 2007.

Bogdandy, Armin von. “The European Constitution and European Identity: Text and Subtext of the Treaty Establishing a Constitution for Europe.” International Journal of Constitutional Law 3, no. 2–3 (May 1, 2005): 295–315. https://doi.org/10.1093/icon/moi021.

Herdegen, Matthias. Principles of International Economic Law. OUP Oxford, 2013.
Hlavac, Marek. “Less than a State, More than an International Organization: The Sui Generis Nature of the European Union,” December 2, 2010.

Johnson, Debra, and Colin Turner. European Business: Policy Challenges for the New Commercial Environment. Psychology Press, 2000.

Kaczorowska, Alina. “European Union Law,” n.d., 1167.

Kaiser, Wolfram. “Culturally Embedded and Path-Dependent: Peripheral Alternatives to ECSC/EEC" Core Europe" since 1945.” Journal of European Integration History 7, no. 2 (2001): 11–36.

Kayaoglu, Turan. “Westphalian Eurocentrism in International Relations Theory.” International Studies Review 12, no. 2 (June 1, 2010): 193–217. https://doi.org/10.1111/j.1468-2486.2010.00928.x.

Krisch, Nico. Beyond Constitutionalism: The Pluralist Structure of Postnational Law. OUP Oxford, 2012.

Leal-Arcas, Rafael. “Will EU Member States Play Any Role at the WTO after the EU Reform Treaty?” ICL Journal 1, no. 2 (2017): 75–99. https://doi.org/10.1515/icl-2007-0203.

Limbach, Kathrin. Uniformity of Customs Administration in the European Union. Bloomsbury Publishing, 2015.

Lowenfeld, Andreas F. International Economic Law. Oxford University Press, 2008.

McNeil, Dale E. “The First Case under the WTO’s Sanitary and Phytosanitary Agreement: The European Union’s Hormone Ban.” Virginia Journal of International Law 39 (1999 1998): 89.

Paskalia, Vicki. Free Movement, Social Security and Gender in the EU. Bloomsbury Publishing, 2007.

Pernice, Ingolf. “Multilevel Constitutionalism and the Treaty of Amsterdam: European Constitution-Making Revisited?” Common Market Law Review 36 (1999): 48.

Pollet-Fort, Anne. “Implications of the Lisbon Treaty on EU External Trade Policy. EU Centre Background Brief No. 2, March 2010.” EU Centre Background Brief, March 2010. http://aei.pitt.edu/33652/.

Ruszkowski, Janusz. “Supranationalism between the Nation-State and International Cooperation.” Journal of Public Administration and Policy Research 1, no. 1 (2009).

Sbragia, Alberta M. “The European Community: A Balancing Act.” Publius: The Journal of Federalism 23, no. 3 (January 1, 1993): 23–38. https://doi.org/10.1093/oxfordjournals.pubjof.a038084.

Sengpunya, Phet. “ASEAN E-Commerce Legal Framework and Alignment of Lao PDR: A Review.” Lentera Hukum 6, no. 3 (December 31, 2019): 371–92. https://doi.org/10.19184/ejlh.v6i3.13709.

Shaw, Malcolm N. International Law. Cambridge University Press, 2008.

Thomas, Ryan David. “Where’s the Beef--Mad Cows and the Blight of the SPS Agreement.” Vanderbilt Journal of Transnational Law 32 (1999): 487.

Tschentscher, Axel. “Comparing Constitutions and International Constitutional Law: A Primer,” February 10, 2011.

Waele, Henri de. Layered Global Player. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. https://doi.org/10.1007/978-3-642-20751-8.

World Trade Organization. “WTO | Dispute Settlement - DS480: European Union — Anti-Dumping Measures on Biodiesel from Indonesia.” Accessed June 13, 2020. https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds480_e.htm.

———. “WTO | Dispute Settlement - DS592: Indonesia - Measures Relating to Raw Materials.” Accessed June 13, 2020. https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds592_e.htm.