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Record W6981682719

The European Parliament as a Defender of EU Values in EU-Japan Agreements: What Role for Soft Law and Hard Law Powers?

2022· article· en· W6981682719 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueDurham Research Online (Durham University) · 2022
Typearticle
Languageen
FieldMedicine
TopicPulmonary Hypertension Research and Treatments
Canadian institutionsnot available
Fundersnot available
KeywordsSoft lawParliamentHard lawNegotiationJudgementPoliticsGeneral partnership
DOInot available

Abstract

fetched live from OpenAlex

This article investigates to what extent the European Parliament (hereafter the Parliament) acted as an advocate for EU values in the development of EU-Japan relations, through which legal tools, if hard law or soft law powers, and with what legal outcomes. Japan is an interesting, yet underexplored, case study for assessing the external reliance of EU values. It is a key transversal partner for the EU with 3, potentially 4, agreements concluded across trade, security and political cooperation sectors (the 2009 MLA agreement, the 2018 Strategic Partnership Agreement and Economic Partnership agreement and a PNR exchange agreement currently being negotiated), but which presents important values differences with the EU, e.g., on death penalty and data protection. Our findings show that, with Japan, the Parliament has stepped away from its traditional role as a human rights defender, by sticking to soft law powers as its privileged tool, limiting its interventions, and ultimately refraining from insisting trade be linked to human rights commitments. Such a cautious approach, we argue, is the result of a deliberate choice to keep negotiations with Japan in an economic prism, and to invest negotiation energy in more salient negotiations occurring at the time in which the EU-Japan agreement was negotiated, e.g SWIFT and Brexit TCA. The overall judgement on the Parliament's approach is, however, a nuanced one. Its reliance on soft law powers might be a wise one for the time being and might encourage other actors to litigate on points which were compromised on, given that its previous use of hard law powers with the US and Canada PNR agreements somehow backfired. Moreover, the sole presence of hard law powers can, and has influenced other actors to adjust their positions during the negotiations to pre-empt the use of the Parliament’s veto powers.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.850
Threshold uncertainty score0.850

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0020.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0010.001
Scholarly communication0.0000.000
Open science0.0000.001
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.055
GPT teacher head0.325
Teacher spread0.270 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it