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Examining the EU Actorness: Code of Conduct for Outer Space Activities

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Abstract

The decreasing importance of the state has evoked a debate about the role of the EU taking part in negotiation at the international level, even in discussions related to sensitive topics such as space policy. The paper thus assesses the ability of the EU to be an actor, especially taking into consideration its civilian and normative power. In order to investigate the EU and its ability to act on the international arena, as well as the way the EU behaves during these negotiations, the paper will explore several techniques of persuasive strategies and the concept of the epistemic community to explain the dynamics of political negotiations related to space policy. The EU's space policy initiatives include support for the long-term sustainability of outer space activities introduced in the UN Committee on the Peaceful Uses of Outer Space and promotion of the International Code of Conduct for Outer Space Activities by the EU's and ESA's representatives.
Kateřina Kočí*
Alexandra Madarászová**
Miloslav Machoň***
Examining the EU Actorness:
Code of Conduct for Outer Space Activities
Abstract
The decreasing importance of the state has evoked a debate about the role of the EU taking
part in negotiation at the international level, even in discussions related to sensitive topics
such as space policy. The paper thus assesses the ability of the EU to be an actor, especially
taking into consideration its civilian and normative power.
In order to investigate the EU and its ability to act on the international arena, as well as the
way the EU behaves during these negotiations, the paper will explore several techniques of
persuasive strategies and the concept of the epistemic community to explain the dynamics
ofpolitical negotiations related to space policy. The EU’s space policy initiatives include
support for the long-term sustainability of outer space activities introduced in the UN
Committee on the Peaceful Uses of Outer Space and promotion of the International Code
of Conduct for Outer Space Activities by the EU’s and ESA’s representatives.
Key words: EU actorness, recognition, persuasive strategies, space policy, Code of Conduct
for Outer Space Activities
Introduction
The debate about the European Union (EU) actorness has already
lasted several decades and still has no precise results or outcomes to date.
In this paper, we contribute to this debate. We also intend to show that the
*
Jan Masaryk Centre for International Studies, University of Economics, Prague, e-mail:
katerina.koci@vse.cz
** Jan Masaryk Centre for International Studies, University of Economics, Prague, e-mail:
alexandra.madaraszova@vse.cz
*** Jan Masaryk Centre for International Studies, University of Economics, Prague, e-mail:
miloslav.machon@vse.cz
Examining the EU Actorness: Code of Conduct for Outer Space Activities 27
approaches that analyse the EU as a global actor are various, but do not
always grasp the EU in its complexity. Finally, we also want to explore how
effective the EU is as an actor and what tools and techniques to persuade its
counterparts the EU, or its representatives, use.
For the analysis, we have chosen the engagement of the EU in space policy.
The EU Space Policy (EUSP) is one of the lesser-known and, consequently,
little-understood policies of the EU. European cooperation in outer
space activities started in the 1960s when the European Space Research
Organization and the European Launcher Development Organization
were established (EP 2017, 3). Later merging of the organisations led
to the establishment of the European Space Agency (ESA) in 1975 that
bore responsibility for exploration of outer space by its member states
(ESA 2010,12). The resolution on the synergy between the ESA Council
and the Council of the EU reinforced the long-term implementation of
peaceful exploration of outer space within the European integration process
(ESA 1998, 3). The cooperation enabled participation of the European
Commission (EC) in formulating and adopting the European space policy
in 2007 (EC 2007a, 3–4). The 2009 Lisbon Treaty recognised it as a shared
competence between the EU and its member states, so it con rmed the role
of the Council and the EC in the space policy area (EU 2007b, 86–87).
The Code of Conduct for Outer Space Activities (CoC) focuses on the
area of disarmament, non-proliferation and arms control policy that the EU
and its representatives wished to promote on the global scene. The main
aim of this paper is an investigation of the EU’s power in the area of space
policy, through the prism of a normative and civilian approach. Moreover,
the research concept strengthens by the analysis of persuasive techniques
which enables us to evaluate the EU’s (namely the EC’s) coherence and
ability to promote security, political and economic goals on the global level
(Carbone 2011, 11–30; Ghazani 2016, 631–647).
How to Approach the EU’s Actorness?
To grasp the notion of the EU’s actorness may be very challenging, and
it often leads to passionate discussions. Realists deny the existence of any
form of collective will or personality for the international system (Waltz
1979). Wright (2011), on the other hand, emphasises civilian and normative
powers and their relation to the international stage. Civilian power consists
of three key elements (Maull 1990, 92): co-operation; concentration of
economic instruments; and the development of supranational structures
28 Kateřina Kočí, Alexandra Madarászová, Miloslav Machoň
(Wright 2011, 14). The strength instead is based on soft power, engagement
and attractiveness.
Finally, the role of the EU and its actorness can be assessed from the
normative perspective, that considers the EU as the most effective internationally
through the expansion of governance or the development of regulatory regimes.
The basis of the normative analysis is thus its view that the EU impacts the
international system only by virtue of its existence (Wright 2011, 16).
Interestingly, this means that the formulation of the EU policies may also
become an essential requirement for the analysis of the nature of the EU’s
international actorness. The interaction of internal and external actors with
regards to the execution of space policy is even more complicated. In general, each
member state pursues own national space policy, though often they co-ordinate
their activities through the independent ESA. However, in 2007, the formal EU
Space Policy was established by the Resolution on the European Space Policy
(ESA 2007) adopted by the Council of the EU and the Council of the ESA.
The normative and civilian perspectives highlight shared interests and
common policy objectives by the member states and the EU institutions
as fundamental to effective decision-making and international action on
the part of the EU (Wright 2011). The EU is thus able to act as a global
setter of standards, and in some elds has been successful in exporting laws,
standards, norms and ideas that do not force others, but rather persuade
them to do what is in their interests (Young, Peterson 2006).
Indeed, the EU’s global regulatory in uence has even expanded in recent
years. The literature has described it as the “global pacesetter” in regulation
(Buck 2007, 1), the world’s “regulatory superpower” (Bretherton, Vogler
2006, 71) and is accused of “regulatory imperialism” by some in the US
(Zielonka 2008, 474). This growth in its regulatory actorness has come as
the direct result of internal integration (Wright 2011). The EC often acts on
behalf of the community to design, implement, monitor and enforce a series
of regulatory regimes covering a wide range of policy areas in all existing and
acceding member states. It represents already a signi cant act of normative,
international intervention. With regards to normative and civilian power,
the EU uses techniques to persuade other actors.
Persuasive Techniques in Political Discourse
Persuasion is a social in uence that works with faith, attitudes, intentions
and behaviour of actors, who spread a particular message. These techniques
rely mainly on the right choice of words to in uence others and to achieve
Examining the EU Actorness: Code of Conduct for Outer Space Activities 29
desired changes (see Table 1). They also represent valuable tools for the
EC that have the potential to increase the level of the formal and informal
acceptance of the EU by other actors. Moreover, using the persuasive
strategies in an adequate way helps create a sense of unity, mainly in the
case of consensual decisions, therefore they can foster the perception of
theEU as a regulatory power.
Table 1. Persuasive Techniques
Powerful
and
Powerless
language
Powerless speech is language that expresses the uncertainty of the speaker
about accurate statements. It can be recognized as the frequent use of hedges
and hesitations (Dillard 2014, 177–187). Conversely, persuasive speech raises
credibility and beliefs about the truthfulness of the message, which increases
recipients’ faith in the message.
Hedging
Hedging represents a special kind of powerless language. It is typical in
conversations where there are informal expressions, such as I think, kind of,
perhaps. It also facilitates discussion and enhances politeness (Jalilifar, Alavi
2011, 43–66). Proper use of these verbs, however, can cause epistemic, emotive,
and social commitment of the target audience.
Inclusive/
Exclusive
“we”
The main characteristic of its use lies in the incorporation, or exclusion of
individuals or group from the reference range (Condor et al. 2013, 262–300).
Repeated use of the rst pluralistic words in political rhetoric serves to connect
the speaker to the audience and create the feeling of unity: the use of nonspeci c
“we” in the political sense symbolically implies the interest of the whole society.
List of three
Repeating keywords (phrases) convinces the public to accept the ideas and
concepts used by the leader. Repetition creates the impression that the idea is
urgent. The most effective is the use of the list of three (David 2017). A triple
repetition increases the chance that the audience will memorise important
points of the message.
Allusion
Allusion consists of indirect, implicit or hidden comparison or reference to
a particular historical or literary character or event. It is commonly used for
making analogies, which refer to or even cite a secure phrase that the audience
probably already knows (Tolstolutskaya et al. 2018, 132–138).
Metaphor
and Simile
Metaphor is a particular kind of analogy, which uses the comparison or
association of similar phenomena in transferred meaning. It simpli es the
message and creates analogies that the audience already knows and can work
within the mind or subconscious (David 2017).
Gain and
Loss framing
Explaining and de ning the problem in different contexts has a signi cant
impact on the recipient’s decisions. The critical difference in the loss- and gain-
framed conditions is the level of uncertainty. The gain-framing technique is
used primarily for reports that highlight desired compliance-related results,
while the loss-framing technique emphasises disadvantages of disregarding
appeals (Dillard 2014, 177–187).
30 Kateřina Kočí, Alexandra Madarászová, Miloslav Machoň
A Brief Analysis of the Persuasive Techniques
in Political Negotiations Relating to the CoC
The analysis of persuasive techniques is based on qualitative data analysis.
The text of the Council Decision (CFSP 2015, 33–34) wasthe starting
point for the collection of relevant documents that trace thenegotiation
process of the CoC. The document coding had two phases. At rst, the
initial coding broke down the data into discrete parts and compared them
for similarities and differences (Saldaña 2016, 115). In the second phase,
the axial coding reassembled discrete parts of the data and speci ed the
relations between them, according to the properties of seven persuasive
techniques (Saldaña 2016, 244). This investigation encompassed the outputs
of different actors, including the EU and the governmental epistemic
community. Final evaluation of the persuasive strategies helpedto
assess the tools the EU used to negotiate the draft CoC and indirectly
to understand better the EU’s actorness, mainly linked to outer space
activities.
Persuasive Techniques of an Epistemic Community
In order to reinforce the multilateral international order, the UN General
Assembly (UNGA) called for increased transparency and the importance
of con dence-building measures in outer space activities (UN2005,1).
The statement also recalled the study of a governmental epistemic
community gathered in the United Nations Of ce for Outer Space Affairs
(UNOOSA) for the application of con dence-building measures in outer
space.
The study focused on the security aspects related to the application of
space technologies and possibilities for de ning mechanisms of international
cooperation. It combined several persuasive techniques. The study preferred
the powerful persuasive techniques that raised its relevance and strengthened
the belief of the epistemic community, such as simile. At rst, the study
introduced current uses of outer space, especially emphasising the link
between military aspects and the use of satellites in low, medium and high
orbits (UN 1993, 17–20). The threat of militarisation and weaponisation of
the outer space using the loss-framed technique highlighted, therefore, the
presence of uncertainty and increased the probability to gain more attention
in the UNGA (UN 1993, 23–27).
Examining the EU Actorness: Code of Conduct for Outer Space Activities 31
Powerless Language of the CoC
The EC responded to the UNGA’s calls by submission of the draft CoC
in the UN Committee on the Peaceful Uses of Outer Space. In comparison
with the study written by the governmental epistemic community gathered
in the UNOOSA, the EC’s draft signalled powerless language. Although
the Council considered the security of outer space activities as an important
goal for achieving the security of the EU’s member states, the list of three
represented the only persuasive strategy used in the draft’s preamble
(EC2008, 4). It was limited to three short principles promoting the safety
and security in outer space, including freedom of access to space for all for
peaceful purposes, preservation of the security and integrity of space objects
in orbit and the principle of legitimisation of defence interests of states.
The other persuasive strategies were missing (EC 2008, 3–4). The draft’s
language was also somewhat powerless. It stated that all states should
actively contribute to the promotion and strengthening of international
cooperation by signing the draft CoC, however, the draft’s preamble did not
contain a reference to the UN Charter, norms or rules of the international
law. A short summarisation of the existing international treaties related to
outer space activities included in the text of the CoC represented the only
reference to speci c legal sources of international space law (EC 2008, 6).
Persuasive Speech at the Conference on Disarmament
Though the draft’s language indicated the level of inconsistency, its
credibility increased during the session of the Conference on Disarmament
(CD) held in Geneva on 9 March 2015. The speech of the EU representative
relating to the CoC showed high persuasive strength. The representative
framed the problematics of preservation of a safe and secure space
environment and peaceful uses of outer space by the list of three-technique.
The conceptualisation of common interest linked to safety, security, and
sustainability of outer space activities was a core argument (CD 2015, 1).
Moreover, the EU representative used the gain and loss framing, and
the metaphor persuasive technique. The way the EU representative spoke
about current challenges of the space environment, including the space
debris problem causing destructive collisions, the crowding of satellites in
orbits around the Earth, and the growing saturation of the radio-frequency
spectrum represented the loss-framing conditions. The challenges framed
32 Kateřina Kočí, Alexandra Madarászová, Miloslav Machoň
the state of the recent space environment as negative information; therefore,
the representative’s speech had the potential to gain more attention.
The prevention of an arms race in outer space and the strengthening of
strategic stability via the development and implementation of transparency
and con dence-building measures eliminated the uncertainty. The draft
CoC represented the desired compliance-related result, which was strongly
supported by the governmental epistemic community because it had the
potential to encourage responsibility and peacefulness of outer space
activities (UN 2019).
As for the metaphor, the inclusion of idea ‘not to be the rst to place’
(CD2015, 2) represented an analogy which associated the UNGA’s
resolution with the concept of no rst placement of weapons in outer
space (UN 2014,1). It helped make the EU representative’s speech more
comprehensive and attractive to other participants, so the chances of
conviction increased.
The resolution published in 2014 recognised that the CD had the primary
role in the negotiation related to the prevention of an arms race in outer
space and should continue further (UN 2014, 1). Since 2015, the EC has led
the series of non-public consultations with major spacefaring nations (EU
2019). The consultations aimed at specifying further the text of the draft CoC.
Delegates from over 100 countries participated in the non-public meetings.
Unfortunately, the later negotiations indicated two signi cant procedural
shortcomings (Listner 2015). First, the 2015 meetings were held at theUN
HQ in New York by the EU without an of cial UN mandate. Second,
the formal framework of the negotiations did not allow other delegations
topropose alternative text. Therefore it undermined the UN’s principles
for multilateral negotiations (Listner 2015). As a result, additional support
for nalisation of the CoC was low (Meyer 2015). Furthermore, the USA,
Russia and China, the major spacefaring countries, rejected the EU’s
proposal, because it lacked a broad re ection of national foreign and security
priorities (Rose 2018, 5). It resulted in an ultimate failure to reachconsensus
on the CoC; hence, the EU terminated the series of negotiations in 2017.
Conclusions
This paper focused rst on the EU’s actorness and its various alternatives.
It became clear that the EU being a combination of a normative power
(aregulatory power) and a civilian power suited much better to our research.
We did not only study the EU through its capabilities but also through the
Examining the EU Actorness: Code of Conduct for Outer Space Activities 33
normative approach, which saw integration as in uencing and even changing
the underlying choices, preferences and interests of others, not only member
states (internally) but also actors on the international arena.
The actorness itself, however, was not the only area of research. Its
analysis was a precondition for further investigation of the EU’s role in the
international system, namely with regards to the emerging EU space policy.
We needed to understand what kind of actor the EU was in order to explore
how the engagement of the EU in space policy manifested at the international
level. As a next step, we analysed the techniques of persuasive strategies that
the European representatives and the leading negotiatorsused.
The analysis of persuasive strategies showed that the EU did not use
them suf ciently in order to negotiate and to enforce the draft CoC. In
contrast to the use of persuasion strategies by epistemic communities, the
emphasis on the different techniques of persuasive strategies was rather
weak. In the submitted draft, there was no reference to the UN Charter or
a more detailed explanation of the relevance of the document in the context
of international cooperation in space. The lack of credibility of the CoC did
not improve even after the presentation of the proposal by the EU delegate
at the CD, notably since other countries did not support further discussions
on the proposal.
To conclude, we can say that even in such a sensitive area as space
policy still is, the EU attempts to play a decisive role and uses its regulatory
power. Our analysis showed that the EU came already to the point where
it tried to assume the role of the leader and to convince others about the
basic standards of the outer space activities globally. However, this power
decreased over time. Unfortunately, the tools that the EU used were rather
insuf cient as well as a re ection of national foreign and security priorities
of the other spacefaring states and the dialogue between the various players.
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PROMOTING VALUES, STABILITY AND ECONOMIC PROSPERITY
OF THE EU IN THE CHANGING WORLD (IN THE GLOBAL CONTEXT)
EU FACING CURRENT CHALLENGES,
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EU FACING CURRENT CHALLENGES,
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EU FACING CURRENT CHALLENGES,
OPPORTUNITIES, CRISIS & CONFLICTS
Edited by:
Artur Adamczyk, Małgorzata Dziembała,
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PROMOTING VALUES, STABILITY AND ECONOMIC PROSPERITY
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Contents
From the Editors ...................................................... 7
Aleksandra Borowicz
Foreign Direct Investment as One of the Factors in Globalisation:
Why Does the European Union Need toPursue an Active Investment Policy? ... 11
Kateřina Kočí, Alexandra Madarászová, Miloslav Machoň
Examining the EU Actorness: Code of Conduct for Outer Space Activities ...... 26
Monika Mynarzová, Hana Štverková
Economy Based on Knowledge andInnovation – the Case of European
Single Market ...................................................... 36
Mirela Mărcuţ
Building a Stronger Union – Governing the Digital Single Market ............ 50
Małgorzata Dziembała
Innovation in EU Regions and Supporting it under EU Cohesion Policy....... 62
Ioan Horga
Cross-Border Cooperation (CBC) in Central and Eastern European Countries
as a Tool to Build a Stronger a Single Market by Boosting Jobs and Growth.
Case Studies: Eurometropolis Lille andDEBORA Eurometropolis Project .... 84
Tadeusz Sporek
The Innovation Policy of Germany at the Turn of the 20th and 21st Century .... 99
Anna Masłoń-Oracz, Olga Pankiv
The Role of Accelerators in the Development of Start-Ups .................. 110
Rafał Riedel
The Negative Image of Migration as an Element of Migrants’ Identity ......... 124
Diego Caballero Vélez, Marta Pachocka
Understanding EU Member States Cooperation within the Asylum Regime
During the Migration and Refugee Crisis from an IR Perspective ............. 139
Paweł Soroka
Shaping of the Energy Mix by the Member States within the Framework
of the European Union’s Energy and Climate Policy. . . . . . . . . . . . . . . . . . . . . . . 155
Anna Wójtowicz
The New Energy and Climate Framework for 2030
and the Financial Instruments of the EU – Challenges for Poland . . . . . . . . . . . . 167
Maciej Zalewski
Ecohydrology – Regulation of Hydrological andGeochemical Cycles
towards Enhancement of Sustainability Potential in the Face
of Global Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
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