The United States exports digital goods worth hundreds of billions of dollars across the Atlantic each year.  And both Silicon Valley and Hollywood do big business with Europe every year.  Differences in approaches to privacy have always made this relationship unsteady but the Snowden disclosures greatly complicated the prospects of a Transatlantic Trade and Investment Partnership.  In this paper Cameron Kerry examines that politics of transatlantic trade and the critical role that U.S. privacy policy plays in these conversations.

Kerry relies on his experience as the U.S.’s chief international negotiator for privacy and data regulation to provide an overview of key proposals related to privacy and data in Europe.  He addresses the possible development of a European Internet and the current regulatory regime known as Safe Harbor. Kerry argues that America and Europe have different approaches to protecting privacy both which have strengths and weaknesses.

To promote transatlantic trade the United states should:

• Not be defensive about its protection of privacy
• Provide clear information to the worldwide community about American law enforcement surveillance
• Strengthen its own privacy protection
• Focus on the importance of trade to the American and European economies

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For months, Europe has been dealing with the hectic, day-to-day struggles of managing a massive migrant crisis. While those challenges dominate in the short term, European leaders must also start thinking about medium- to long-term reforms to the European Union’s asylum and migration policies.

European governments have made clear that they want to reform the Common European Asylum System. The European Commission has proposed reforms of its own, which to become laws would need to be approved by both the Council and the European Parliament. But while these proposals are certainly steps in the right direction, they don’t go far enough in addressing structural weaknesses in Europe’s migration and asylum policies.

Positive momentum in a number of key areas

There are several areas where the Commission has already proposed good reforms:

1. The Commission is proposing to recast a directive aimed at standardizing the processing of asylum procedures across Europe into a fully-fledged regulation. This is good news. The persistent variation in the implementation of asylum procedures across the EU highlights this necessity. Unlike directives, which need to be transposed into national legislation, regulations are immediately and simultaneously enforceable across all member states. 
2. A directive specifying the grounds for granting international protection is to be replaced by a more stringent regulation, which is also a good thing. It’s problematic that asylum seekers from the same country of origin enjoy dramatically different acceptance rates across EU member states. Combined, these changes should force member states to comply with international standards on asylum procedures and increase opportunities for migrants to get asylum (particularly in countries that have applied more restrictive criteria).
3. The Eurodac system, which establishes a pan-European fingerprinting database, is now likely to be expanded as well. It would store data on third-country nationals who are not applicants for international protection. But implementation is again a challenge, since Croatia, Greece, Italy, and Malta already struggle to fingerprint new arrivals (something over which infringement proceedings are still ongoing). 
4. To attract highly skilled professionals, the Commission is working to make the EU Blue Card scheme more appealing. While member states will retain the right to set their own annual migrants quota, Blue Card procedures and rights will be harmonized across the EU. The minimum length of an initial contract offer will be lowered to six months, salary thresholds will be reduced, and the Blue Card will be offered to migrants granted asylum. Other measures—including a directive aimed at students and researchers and another facilitating intra-corporate transfers—are also steps in the right direction. 
5. Finally, the Commission has proposed making permanent a pan-European resettlement scheme that was launched during last summer’s migrant crisis. That’s also a good thing. The framework would harmonize resettlement procedures and financially incentivizes member states to favor the European framework over national ones. At the same time, it would allow asylum seekers to move to Europe without risking their lives trying to cross the Mediterranean. However, given that member states will still determine how many people to resettle annually, the long-term impact of the scheme remains to be seen. 

German Interior Minister Thomas de Maiziere watches as a migrant from Babel in Iraq has his fingerprints taken, during a visit to Patrick-Henry Village refugee centerin Heidelberg, Germany. Photo credit: Reuters/Kai Pfaffenbach.

Far more needed but little appetite among national capitals

There are several policy areas where far more should be done: 

1. There is at least one area where the EU is still planning reforms but of a far more limited nature, and that’s on the current directive on basic standards for housing, healthcare, and employment. In private conversations, EU officials stress that the sheer numbers of migrants make it hard for even the best-performing countries to implement this directive. Put simply, member states do not have the political will to do more than what they are already doing. The EU is therefore, understandably, proposing a more moderate reform: it aims to improve reception conditions throughout the EU without dictating to member states how to do so.
2. Less privileged migrants must be provided with safe avenues to contribute to Europe’s economy. Legislation allowing seasonal workers into the Union for a maximum of between five and nine months within any twelve-month period already goes in this direction. Forums connecting local industry associations and countries of origin to better match labor demand and supply would also be welcome. Armenia, Azerbaijan, Cape Verde, Georgia, Morocco, Moldova, and Tunisia—which enjoy mobility partnerships with the EU—would benefit from such an approach. More can be done if the political will amongst European capitals is there.
3. Finally, Europeans must ensure that migrants feel welcome to stay. The EU is aware of the need to adequately integrate third-country nationals, but European capitals are in the driver’s seat when it comes to integration. Directives aimed at facilitating family reunifications, integrating long-term residents, and streamlining administrative processes do what they can in this respect. However, the paths to integration and to welcoming foreigners chosen by European countries are exceedingly different, and for the time being likely to remain so. Because of this and until policymakers put integration at the top of their national agendas, foreign nationals will likely continue to struggle. 

Dublin: Still the elephant in the room

The Dublin regulation, which outlines which member state should be responsible for handling asylum applications, still must be radically revised. This is the elephant in the room and the core of the current asylum refugee framework. Member states should consider the Commission’s proposals for a corrective mechanism in case of migrant surges, a new system for allocating applications across the EU based on a distribution key or, ideally, the centralization of competences to the European Asylum Support Office. 

Informal conversations with top national and European officials suggest that the corrective mechanism is the most likely proposal to be accepted by the member states and therefore adopted. Under such an agreement, Dublin would be maintained, but automatic relocations would start in case of exceptional migrant surges—with hefty fines imposed by the Commission on those member states refusing to play their part. Unfortunately, this is not good enough. Such an approach does not address the underlying structural unfairness and unsustainability of a system that leaves the burden of processing arrivals overwhelmingly on frontline states. 

The current situation exemplifies a significant failure of governance that harms the interests of migrants and member states alike. At present, the Dublin Convention largely ignores the needs of migrants in terms of family reunification, language skills, and cultural integration. Unfortunately, the corrective mechanism for the Dublin Convention does nothing more than provide some relief in case of acute emergencies. Meanwhile, it leaves frontline states to continue facing on their own a crisis that only Europe as a whole could solve. “European leaders” still think and act through national perspectives.

Moving along despite European governments

The European Commission faces both legal and political constraints that limit its scope of action. Whenever it can, it is pushing for a significant overhaul of European asylum and migration policies. However, once more, its initiatives are hampered by the so-called “interests” of the member states. For the time being, we are likely to see some degree of integration in the fields of asylum and migration policies. But because of national vetoes, progress is slow and proposals are often watered down. 

Editors’ Note: Turkey’s failed coup may lead to the worsening of Europe’s migration crisis, writes Jessica Brandt. That’s because it could lead to the dissolution of a recent pact between Brussels and Ankara over the plight of refugees arriving on the European Union’s shores. This post originally appeared on Vox.

Turkey’s recent failed coup may lead to the worsening of Europe’s migration crisis. That’s because it could lead to the dissolution of a recent pact between Brussels and Ankara over the plight of refugees arriving on the European Union’s shores. Even before the events of last weekend, the fate of the agreement was uncertain amid quarrels between the parties. Now its future is even more in doubt.

Last year, more than a million migrants and refugees crossed into Europe, roiling politics across the continent. It’s a crisis EU chief Donald Tusk has described as an “existential challenge.”

Under the terms of the deal, Turkey agreed to accept the “rapid return of all migrants not in need of international protection crossing from Turkey into Greece and to take back all irregular migrants intercepted in Turkish waters.” In other words, almost all refugees who cross into Greece are slated to be returned to Turkish soil.

In return, the EU pledged to speed up the allocation of €3 billion in aid to Turkey to help it house and care for refugees, “reenergize” Turkey's bid for membership in the EU, and lift visa restrictions on Turkish tourists and businessmen.

But the European Commission has conditioned changes to the visa restrictions on better governance in Turkey. In particular, it requires a change in President Recep Tayyip Erdoğan’s controversial anti-terror law, which he has used to crack down on journalists and critics. Erdoğan was already adamantly against narrowing the law to protect free speech. Having now overcome a determined coup attempt, he is even less likely to do so.

Instead, it appears probable that he will further clamp down on civil liberties, acting on his authoritarian instincts and retaliating against his detractors. On Sunday, he suggested that he might reintroduce the death penalty, a practice Turkey abolished in 2004 as part of its bid for EU membership. Doing so would widen the gap in political culture between Turkey and Europe and, as German Foreign Minister Frank-Walter Steinmeier asserted forcefully on Monday in Brussels, derail the already limited possibility of reigniting accession talks.

The pact has already been strongly opposed by the European left, and particularly by humanitarian and human rights groups. Rising authoritarianism in Turkey would only increase resistance to the deal, making implementation even harder, especially if those groups were to scale back their activities on the ground.

That would not be without precedent. The United Nations High Commissioner for Refugees, Doctors Without Borders, and the International Rescue Committee, among others, have suspended some of their activities in refugee centers because they do not want to be involved in implementing a deal that they describe as constituting the blanket expulsion of refugees from Turkey back to Greece.

[A] crackdown could also undermine the legal basis of the agreement.

Crucially, a crackdown could also undermine the legal basis of the agreement. One of the agreement’s key provisions is that individuals who cross from Turkey into Greece will be sent back across the Aegean to Turkey. That hinges on the notion that Turkey is a “safe third country” for migrants. A crackdown could prompt refugees to argue that it isn’t.

If that were the case, deporting them to Turkey could be seen as constituting “refoulement”—the forcible return of asylum seekers to a country where they are prone to be subjected to persecution—which is forbidden under both international and EU law.

That’s a problem, since some analysts believe worsening conditions in Turkey could lead even more people seeking refuge to journey onward to Europe. In the past, Erdoğan has threatened to “open the gates” and send refugees streaming into Europe when displeased with the level of financial assistance from Brussels earmarked for managing the crisis. Preoccupied by troubles at home, he may see stability as in his interest and resist taking aggressive steps that would cause an open breach.

For both parties, finding a stable, though imperfect, accommodation—as they were poised to do prior to the events of last weekend—is still the most promising path forward. Let’s hope the parties take it. Managing Europe’s migration crisis depends on it.

China’s approach to Europe is a contrasting mix of economic opportunism and strategic vision.

A continent gripped by economic weakness and debt is crying out for Chinese investment, and Chinese state enterprises and funds are eagerly participating in the sale of the century, buying up ports, prime real estate and technology firms from Greece to the U.K.

At the same time, Beijing views Europe as the terminus for its massively ambitious “One Belt, One Road” project – a string of ports, logistics hubs and other trading infrastructure stretching all the way from Southeast Asia to the north of England.

Yet a populist backlash against China is building in Europe: recent street demonstrations by European workers over Chinese steel dumping have highlighted the risks of a relationship that increasingly looks troubled.

In their book “China’s Offensive in Europe,” Philippe Le Corre, a visiting fellow at the Brookings Institution, and Alain Sepulchre, a senior adviser with BCG in Hong Kong, analyze China’s rapidly expanding footprint on the continent — and what it means in global terms. They set out some of their thinking in a written Q&A with China Real Time:

You title your book “China’s Offensive in Europe.” This sounds somewhat alarming. Should we be worried?

It may have sounded slightly alarming a few years ago, but China’s economic intentions toward Europe are not just about creating jobs and value: they are about spreading influence on a weakened and somewhat divided continent (the U.K. being perhaps the most obvious example) that is also far away from the U.S., the country seen by China as the ultimate competitor. Europe is part of “the West” where China is willing to leave more than footprints.

Overall, how do you assess the relationship between the EU and China? What are the opportunities and the risks?

On one hand, China has offered to take part in major EU projects such as the European Strategic Investment Fund, launched by the European Commission to relaunch European infrastructure. It will probably become the biggest non-European stakeholder in the ESIF. But on the other hand, there is an attempt by China to divide the EU at various levels. A typical example is the “16+1” group created by China and sixteen Eastern and Central European countries in 2011. Once a year, leaders of these countries meet with Chinese Premier Li Keqiang. Last year in Suzhou, they also met with President Xi Jinjping. Seven countries signed memorandums of understanding with China on “one-belt, one-road.” Three of them hosted Mr. Xi recently, and were offered substantial Chinese investment promises. China has also tried to establish similar platforms with Southern Europe and Nordic countries, so far without success, but there is a risk that a large number of smaller countries (some of them non-EU members, a good example being Serbia which is getting a Chinese-made high-speed railway) will take a separate approach from the rest of Europe when dealing with China. This is not what Europe needs now.

How coordinated is Chinese investment in Europe? Is there a master plan in Beijing?

There is no “master plan” to take over Europe. First, Europe was part of the “China goes out” [investment] policy in the late 1990s. It then started accelerating with opportunities in 2008-2009 during the euro-debt crisis (and thanks to a favorable exchange rate), when China bought eurobonds and started buying into European infrastructure such as Athens’ Piraeus Harbor (which it now controls). Now, Chinese investment is taking a different dimension through the cultivation of individual European countries via the “one belt, one road” initiative as was demonstrated by Mr. Xi’s visits to the Czech Republic in May, and to Poland and Serbia more recently. Although many aspects of OBOR remain unclear, Europe is definitely a final destination for this project.

Would “Brexit” make the U.K. a less attractive destination for Chinese capital?

As a financial center, London would remain attractive to Chinese investors who would still use it as an renminbi trading hub – but they would also use Frankfurt, Paris and Luxembourg, where they have started trading, too. As for the British market, it would be treated as a medium-sized economy with some prospects but a much less important group than the 450-million consumer common market. For all its flaws, the EU is a powerful trade block with clear interlocutors on issues of importance to China, such as the Market Economy Status. Finally, it is not clear if the U.K. would remain a top destination for Chinese investments. Real estate is one thing, but projects such as the “Northern Power House,” a massive development plan in the north of England, have little chance to receive Chinese financial support if the U.K. votes to exit the EU on Thursday.

Chinese companies are on a buying spree in Europe. This is good news for job creation, yet it also creates anxiety, particularly in Germany, about the loss of key technologies. How do you see this playing out?

Overall, the mood within European elites is about welcoming Chinese investments providing they play the European way. So far Chinese investors have been targeting primarily nonsensitive sectors or companies in financial trouble. The case of [German robot maker Kuka being acquired by Chinese home appliance giant Midea] is quite unique as it involves some specific high-tech content in a sector which is of huge potential. The fact that the Chinese acquirer is perceived as low-tech and very aggressive in its domestic and international expansion strengthens the anti-China Inc. feeling.

Is there a danger of a real populist backlash in Europe against perceived unfair Chinese trading practices, including steel dumping?

It is already happening with the recent (nonbinding, but overwhelming) vote on May 12 by the European Parliament against granting market economy status to China by the end of 2016. Members of the European Parliament are directly elected by the European people, and they reflect the continent’s worries over unfair trade practices from China. These are sensitive times in Europe, and China’s message is obviously not popular with European grassroots where people worry about jobs and the future of the continent’s economy.

What is behind the debate on giving China market economy status?

It is a complicated issue for Europeans as the EU itself is based on the rule of law. In this case, the law is the 2001 World Trade Organization agreement that says that China should receive MES by December 2016. Economics and politics are two other factors European leaders cannot avoid: both France and Germany are facing general elections in 2017 and populism is on the rise everywhere. It would be suicidal to grant the status to China now, as almost none of the criteria to be a market economy have been met – except perhaps the upcoming deadline. A compromise will be needed with mitigating measures at the very least, and in the current political context, it will obviously take time.

Europe complains that while its markets are wide open to Chinese investment, China is closing up. German Chancellor Angela Merkel has called for greater reciprocity. How can China be persuaded to level the playing field?

European cumulative overseas direct investment into China is far bigger than what China has been investing so far into Europe. China is still considered an emerging market, typically showing some kind of protectionism. At the same time, China is often not sympathetic to reciprocity be it in politics or business. Two ways could be considered to pressure China. One way – as we have just heard from Chancellor Merkel – is to be offensive by blocking some Chinese investments in deemed sensitive areas (similarly to what is taking place in the US through the CFIUS mechanism) and by finding alternative suitors to firms like Kuka that China wants to acquire. Another way would be to use the pan-European card. In many cases, European businesses and / or political bodies have been battling each other for Chinese investments. This has been going on for years, and it is time for Europeans to partner vis-a-vis China.

On her recent visits to China, Ms. Merkel has spoken out strongly on issues from human rights to the South China Sea. This compares quite markedly with the approach to China adopted by Britain, which tends to avoid sensitive issues. What accounts for Ms. Merkel’s frankness?

There is still a Chinese fascination for Germany’s economic and technological model, which has no equivalent in Europe. Although the German trade surplus with China is shrinking, many German industrial brands are recognized and vastly respected in China (Audi, Siemens, BMW, BASF…). German technology and brands give Germany an incentive. In addition, Ms. Merkel, who has been in power for almost 11 years, is seen by Beijing as Europe’s clear leader. David Cameron is only considered as his country’s prime minister, with little influence on decisions taken within the EU. The fact Ms. Merkel has spoken frankly and repeatedly about sensitive issues has not weakened her – it is the opposite. A good lesson for others, perhaps?

What is the experience so far of European companies bought by Chinese firms?

The experience so far has been a mixed bag. On the workforce front, most companies have been expanding rather than the opposite, but some have been downsizing their labor force at least initially. A typical challenge lies more at the top management / governance level: Chinese owners tend to over-manage or under-manage dispatching too many or too few skilled managers, governing too tightly or too loosely. The right balance has not been found yet. The most ‘non value-added’ factor is probably on the transfer of technology side. In many instances, Chinese investors have not been able to fully leverage the European technology content into their domestic operations. 

This interview originally appeared in the Wall Street Journal. 

For years China has been known as a destination for foreign direct invest- ment, as multinationals flocked there to build export platforms and take advantage of its fast-growing market. Now, however, it is China’s outbound foreign direct investment (OFDI) that is shaping the world. In the first quarter of 2015, China claimed its largest-ever share of global mergers and acquisitions (M&A), with mainland companies’ takeovers of foreign firms amounting to US$101bn, or 15% of the US$682bn of announced global deals. In three months, China recorded more outbound investment transac- tions than in the whole of 2015, when US$109bn in deals were announced.

These figures probably overstate the true level of capital flows, since some announced deals inevitably fail to reach fruition. But whatever the levels, it is clear that China’s outbound investment is rapidly growing, and that its share of global direct investment flows is among the largest of any country.

The rise in China’s direct investment in Europe is especially striking. According to a recent report by law firm Baker & McKenzie and consultancy Rhodium Group, the total stock of Chinese investment in Europe increased almost ten-fold from US$6bn in 2010 to US$55bn in 2014. In 2015 alone, Chinese OFDI in Europe increased by 44 percent (with deals such as Italian tire manufacturer Pirelli’s US$7.7bn takeover by ChemChina). Total flow of US$23bn exceeded China’s investments in the US, which were US$17bn in the same year. This year could see an even more dramatic jump, if ChemChina’s pro- posed US$46bn takeover of Swiss agro-technology firm Syngenta is approved by regulators.

There are two main reasons why Chinese investors favor Europe over the US. First, the issue of Chinese direct investment is less politicized in Europe. A handful of high-profile Chinese investments in the US have been blocked for political reasons, and the national security review process of the Committee on Foreign Investment in the United States poses an obstacle for some types of acquisitions, especially by Chinese state-owned enterprises (SOEs). Europe lacks a similar review process, and this perhaps explains why SOEs represent nearly 70% of Chinese OFDI in Europe, but less than half in the US. Second, Europe’s ongoing economic and financial difficulties since the global financial crisis of 2008 mean there has been a hunger for Chinese cash to finance infrastructure or bail out debt-ridden firms.The flows are impressive, but it is important to remember that on a stock basis, China’s aggregate investment in Europe is still fairly modest. By the end of 2014, China’s cumulative OFDI represented only 3-4% of all FDI in Europe, and the pool of workers directly affected by Chinese FDI was a mere 2% of the number of Europeans working in American-owned firms in Europe. The rising trend of Chinese investment, however, raises some interesting economic and political questions for European leaders.

Moving up the value chain…

What motives, aside from the sheer availability of cash, are driving this enormous wave of Chinese outward investment? A review of China’s OFDI in Europe over the past decade points to five distinct strategies. Some of these are similar to the strategies seen in earlier waves of cross-border investment by Western, Japanese and South Korean companies; others seem to be more China-specific. They also display widely divergent reliance on political leverage—with SOE investments, unsurprisingly, being the most politically driven.

Authors research

The first strategy is driven by a desire to move from cheap products to more sophisticated ones. An exemplar is Haier, the world’s largest white goods manufacturer. Haier’s development closely tracks that of Japanese and South Korean consumer appliance makers: it first concentrated on making cheap copies of established products, for sale in the Chinese market. It gradually moved up to more sophisticated and innovate products and services and began to export more aggressively.

Haier came to cross-border M&A relatively late, and has used it main- ly to scale up its core “made-in-China” portfolio and accelerate its move up the value chain. Its first acquisitions came in 2012, when it bought a part of Sanyo’s Asian operations and New Zealand’s Fisher & Paykel. After a failed effort to acquire bankrupt European white-goods firm FagorBrandt in 2014, it bought GE’s consumer appliances business for US$5.4bn in January 2016. Political backing for Haier’s overseas expansion has been limited, probably because of the low political importance of the white goods sector.

A second strategy, exemplified by telecoms equipment maker Huawei Technologies, is a straightforward effort to raise margins by diversifying out of the low-margin Chinese market into higher-margin foreign ones. Huawei has derived more than half its sales from abroad for over a decade, and has gradually increased its presence in European markets, in part through loose alliances with major clients such as BT, Orange, Deutsche Telekom, and Telefónica. It has also moved quickly into the device sector. From tablets to smartphones and 3G keys, its products are now spreading across Europe, as are its greenfield investments in European R&D centers. Its efforts to expand through M&A have been hampered by its image as an arm of the Chinese state—although privately owned, it has benefited from huge lines of credit from Chinese policy banks, and has never put to rest rumors of close ties with the People’s Liberation Army.

…and acquiring technology

The third model essentially involves technology acquisition that enables a Chinese firm both to bolster its position at home and create strategic opportunities abroad. Notable examples include personal computer maker Lenovo (which bought IBM’s PC division), carmaker Geely (which acquired Volvo’s passenger-car unit), and more recently ChemChina (with its purchases of Pirelli and Syngenta). The technology-acquisition strategy is much more characteristic of Chinese firms than of Japanese or South Korean companies, which mainly preferred to build up their technological know-how internally, or through licensing arrangements. Even though many of the Chinese acquirers in these deals are private, they are often able to mobilize enormous state support in the form of generous and low-cost financing.

The fourth internationalization model is characteristic of the hospi- tality industry and is one we dub (perhaps controversially) “Orientalist.” Essentially this involves the acquisition of established high-end hotel and leisure brands, with the ultimate aim of reorienting them to cater to a growing Asian—and especially Chinese—clientele. Examples include Shanghai-based Jinjiang International’s recent purchase of the Louvre Hotels group and of 11.7% of Accor’s hotel business. Hong Kong hotel chains Shangri-La, Mandarin and Peninsula have focused their expansion over the past three years in Europe, buying high-end assets in Paris and London. Dalian Wanda, a conglomerate with interests in real estate, retail and cinemas has plans for a series of major mixed-use projects in the UK and France. Like many such projects in China, these are designed to offer a combination of commercial, residential, shopping and recreational facilities. These culturally-oriented acquirers have also benefited from generous financing from China’s state-owned banks.

Heritage Foundation, media reports

The final strategy is a “national champions” model, under which big SOEs use political and financial support from the government to make acquisitions that they hope will vault them into positions of global market leadership. A noteworthy recent example in Europe Dongfeng Motor’s purchase of 14% of PSA, the parent company of Peugeot.

The wave of Chinese investment creates several challenges for European companies and policymakers. For firms, the sudden appearance of hungry and well-financed Chinese acquirers has prompted incumbent multinationals to step up their own M&A efforts, in order to maintain their market dominance. Moves into the European market by China’s leading construction equipment firms, Zoomlion and Sany, most likely prompted the purchase of Finnish crane company Konecranes by its American rival Terex. Similarly, ChemChina’s unexpected bid for Syngenta has caused disquiet among European chemical firms, and probably motivated Bayer’s subsequent bid to take over Monsanto.

In the policy arena, two issues stand out. The narrower one relates to reciprocity: Chinese firms are pretty much free to buy companies in any sector in Europe, without restriction; foreign firms by contrast are barred from investment or majority control in a host of sectors in China, including banking, insurance, telecom, media, logistics, construction, and healthcare. One potential solution is to include reciprocity provisions in the EU-China bilateral investment treaty now under negotiation.

The broader question for Europe is whether some broader geopoliti- cal strategy lies behind China’s outward investment surge, and if so what to do about it. There can be little doubt that in recent years China has increased its political leverage in Europe, and has done so via a “divide and rule” approach of dealing as little as possible with the EU as a whole and as much as possible with individual states. Another tactic has been to create new multilateral forums in configurations favorable to China, the most prominent example being the “16+1,” which consists of 16 central and eastern European nations plus China. Beijing has tried—so far with- out success—to develop similar forums with the Nordic and Southern European countries.

Anxiety along the Belt and Road

A related issue is to what extent Europe should welcome Chinese investment that comes in the form of infrastructure spending. Part of China’s “Belt and Road Initiative” is about increasing connectivity between China and Europe, and this comes with clear financial benefits: China has pledged, for instance, to contribute to the European Commission’s European Strategic Infrastructure Fund; and Chinese-led logistics platforms such as Athens’ Piraeus Port are proliferating. 

But with increased connectivity comes an increased flow of Chinese goods—and especially a flood of low-priced products from China’s excess capacity industries such as steel and building materials. In response to the apparent dumping of Chinese industrial goods in Europe, the European Parliament on May 12 adopted a non-binding but pointed resolution asking the European Commission to reject China’s claim to “market economy status” in the World Trade Organization (WTO). That status—which China says should come to it automatically in December this year under the terms of its 2001 WTO accession—would make it much harder for the EU to impose anti-dumping duties on Chinese imports. The Commission now faces the delicate choice of accepting China’s claim (to the detriment of European producers) or rejecting it (an action that is likely to invite some form of economic retaliation from Beijing). A possible middle way would be to recognize China’s market economy status but to carve out a set of exceptions to protect key European industries. However this dispute plays out, it will simply mark the beginning of a long and complicated relationship between Europe and its fastest-growing investor.

The piece originally appeared in China Economic Quarterly. 

China’s approach to Europe is a contrasting mix of economic opportunism and strategic vision.

A continent gripped by economic weakness and debt is crying out for Chinese investment, and Chinese state enterprises and funds are eagerly participating in the sale of the century, buying up ports, prime real estate and technology firms from Greece to the U.K.

At the same time, Beijing views Europe as the terminus for its massively ambitious “One Belt, One Road” project – a string of ports, logistics hubs and other trading infrastructure stretching all the way from Southeast Asia to the north of England.

Yet a populist backlash against China is building in Europe: recent street demonstrations by European workers over Chinese steel dumping have highlighted the risks of a relationship that increasingly looks troubled.

In their book “China’s Offensive in Europe,” Philippe Le Corre, a visiting fellow at the Brookings Institution, and Alain Sepulchre, a senior adviser with BCG in Hong Kong, analyze China’s rapidly expanding footprint on the continent — and what it means in global terms. They set out some of their thinking in a written Q&A with China Real Time:

You title your book “China’s Offensive in Europe.” This sounds somewhat alarming. Should we be worried?

It may have sounded slightly alarming a few years ago, but China’s economic intentions toward Europe are not just about creating jobs and value: they are about spreading influence on a weakened and somewhat divided continent (the U.K. being perhaps the most obvious example) that is also far away from the U.S., the country seen by China as the ultimate competitor. Europe is part of “the West” where China is willing to leave more than footprints.

Overall, how do you assess the relationship between the EU and China? What are the opportunities and the risks?

On one hand, China has offered to take part in major EU projects such as the European Strategic Investment Fund, launched by the European Commission to relaunch European infrastructure. It will probably become the biggest non-European stakeholder in the ESIF. But on the other hand, there is an attempt by China to divide the EU at various levels. A typical example is the “16+1” group created by China and sixteen Eastern and Central European countries in 2011. Once a year, leaders of these countries meet with Chinese Premier Li Keqiang. Last year in Suzhou, they also met with President Xi Jinjping. Seven countries signed memorandums of understanding with China on “one-belt, one-road.” Three of them hosted Mr. Xi recently, and were offered substantial Chinese investment promises. China has also tried to establish similar platforms with Southern Europe and Nordic countries, so far without success, but there is a risk that a large number of smaller countries (some of them non-EU members, a good example being Serbia which is getting a Chinese-made high-speed railway) will take a separate approach from the rest of Europe when dealing with China. This is not what Europe needs now.

How coordinated is Chinese investment in Europe? Is there a master plan in Beijing?

There is no “master plan” to take over Europe. First, Europe was part of the “China goes out” [investment] policy in the late 1990s. It then started accelerating with opportunities in 2008-2009 during the euro-debt crisis (and thanks to a favorable exchange rate), when China bought eurobonds and started buying into European infrastructure such as Athens’ Piraeus Harbor (which it now controls). Now, Chinese investment is taking a different dimension through the cultivation of individual European countries via the “one belt, one road” initiative as was demonstrated by Mr. Xi’s visits to the Czech Republic in May, and to Poland and Serbia more recently. Although many aspects of OBOR remain unclear, Europe is definitely a final destination for this project.

Would “Brexit” make the U.K. a less attractive destination for Chinese capital?

As a financial center, London would remain attractive to Chinese investors who would still use it as an renminbi trading hub – but they would also use Frankfurt, Paris and Luxembourg, where they have started trading, too. As for the British market, it would be treated as a medium-sized economy with some prospects but a much less important group than the 450-million consumer common market. For all its flaws, the EU is a powerful trade block with clear interlocutors on issues of importance to China, such as the Market Economy Status. Finally, it is not clear if the U.K. would remain a top destination for Chinese investments. Real estate is one thing, but projects such as the “Northern Power House,” a massive development plan in the north of England, have little chance to receive Chinese financial support if the U.K. votes to exit the EU on Thursday.

Chinese companies are on a buying spree in Europe. This is good news for job creation, yet it also creates anxiety, particularly in Germany, about the loss of key technologies. How do you see this playing out?

Overall, the mood within European elites is about welcoming Chinese investments providing they play the European way. So far Chinese investors have been targeting primarily nonsensitive sectors or companies in financial trouble. The case of [German robot maker Kuka being acquired by Chinese home appliance giant Midea] is quite unique as it involves some specific high-tech content in a sector which is of huge potential. The fact that the Chinese acquirer is perceived as low-tech and very aggressive in its domestic and international expansion strengthens the anti-China Inc. feeling.

Is there a danger of a real populist backlash in Europe against perceived unfair Chinese trading practices, including steel dumping?

It is already happening with the recent (nonbinding, but overwhelming) vote on May 12 by the European Parliament against granting market economy status to China by the end of 2016. Members of the European Parliament are directly elected by the European people, and they reflect the continent’s worries over unfair trade practices from China. These are sensitive times in Europe, and China’s message is obviously not popular with European grassroots where people worry about jobs and the future of the continent’s economy.

What is behind the debate on giving China market economy status?

It is a complicated issue for Europeans as the EU itself is based on the rule of law. In this case, the law is the 2001 World Trade Organization agreement that says that China should receive MES by December 2016. Economics and politics are two other factors European leaders cannot avoid: both France and Germany are facing general elections in 2017 and populism is on the rise everywhere. It would be suicidal to grant the status to China now, as almost none of the criteria to be a market economy have been met – except perhaps the upcoming deadline. A compromise will be needed with mitigating measures at the very least, and in the current political context, it will obviously take time.

Europe complains that while its markets are wide open to Chinese investment, China is closing up. German Chancellor Angela Merkel has called for greater reciprocity. How can China be persuaded to level the playing field?

European cumulative overseas direct investment into China is far bigger than what China has been investing so far into Europe. China is still considered an emerging market, typically showing some kind of protectionism. At the same time, China is often not sympathetic to reciprocity be it in politics or business. Two ways could be considered to pressure China. One way – as we have just heard from Chancellor Merkel – is to be offensive by blocking some Chinese investments in deemed sensitive areas (similarly to what is taking place in the US through the CFIUS mechanism) and by finding alternative suitors to firms like Kuka that China wants to acquire. Another way would be to use the pan-European card. In many cases, European businesses and / or political bodies have been battling each other for Chinese investments. This has been going on for years, and it is time for Europeans to partner vis-a-vis China.

On her recent visits to China, Ms. Merkel has spoken out strongly on issues from human rights to the South China Sea. This compares quite markedly with the approach to China adopted by Britain, which tends to avoid sensitive issues. What accounts for Ms. Merkel’s frankness?

There is still a Chinese fascination for Germany’s economic and technological model, which has no equivalent in Europe. Although the German trade surplus with China is shrinking, many German industrial brands are recognized and vastly respected in China (Audi, Siemens, BMW, BASF…). German technology and brands give Germany an incentive. In addition, Ms. Merkel, who has been in power for almost 11 years, is seen by Beijing as Europe’s clear leader. David Cameron is only considered as his country’s prime minister, with little influence on decisions taken within the EU. The fact Ms. Merkel has spoken frankly and repeatedly about sensitive issues has not weakened her – it is the opposite. A good lesson for others, perhaps?

What is the experience so far of European companies bought by Chinese firms?

The experience so far has been a mixed bag. On the workforce front, most companies have been expanding rather than the opposite, but some have been downsizing their labor force at least initially. A typical challenge lies more at the top management / governance level: Chinese owners tend to over-manage or under-manage dispatching too many or too few skilled managers, governing too tightly or too loosely. The right balance has not been found yet. The most ‘non value-added’ factor is probably on the transfer of technology side. In many instances, Chinese investors have not been able to fully leverage the European technology content into their domestic operations. 

This interview originally appeared in the Wall Street Journal. 

For years China has been known as a destination for foreign direct invest- ment, as multinationals flocked there to build export platforms and take advantage of its fast-growing market. Now, however, it is China’s outbound foreign direct investment (OFDI) that is shaping the world. In the first quarter of 2015, China claimed its largest-ever share of global mergers and acquisitions (M&A), with mainland companies’ takeovers of foreign firms amounting to US$101bn, or 15% of the US$682bn of announced global deals. In three months, China recorded more outbound investment transac- tions than in the whole of 2015, when US$109bn in deals were announced.

These figures probably overstate the true level of capital flows, since some announced deals inevitably fail to reach fruition. But whatever the levels, it is clear that China’s outbound investment is rapidly growing, and that its share of global direct investment flows is among the largest of any country.

The rise in China’s direct investment in Europe is especially striking. According to a recent report by law firm Baker & McKenzie and consultancy Rhodium Group, the total stock of Chinese investment in Europe increased almost ten-fold from US$6bn in 2010 to US$55bn in 2014. In 2015 alone, Chinese OFDI in Europe increased by 44 percent (with deals such as Italian tire manufacturer Pirelli’s US$7.7bn takeover by ChemChina). Total flow of US$23bn exceeded China’s investments in the US, which were US$17bn in the same year. This year could see an even more dramatic jump, if ChemChina’s pro- posed US$46bn takeover of Swiss agro-technology firm Syngenta is approved by regulators.

There are two main reasons why Chinese investors favor Europe over the US. First, the issue of Chinese direct investment is less politicized in Europe. A handful of high-profile Chinese investments in the US have been blocked for political reasons, and the national security review process of the Committee on Foreign Investment in the United States poses an obstacle for some types of acquisitions, especially by Chinese state-owned enterprises (SOEs). Europe lacks a similar review process, and this perhaps explains why SOEs represent nearly 70% of Chinese OFDI in Europe, but less than half in the US. Second, Europe’s ongoing economic and financial difficulties since the global financial crisis of 2008 mean there has been a hunger for Chinese cash to finance infrastructure or bail out debt-ridden firms.The flows are impressive, but it is important to remember that on a stock basis, China’s aggregate investment in Europe is still fairly modest. By the end of 2014, China’s cumulative OFDI represented only 3-4% of all FDI in Europe, and the pool of workers directly affected by Chinese FDI was a mere 2% of the number of Europeans working in American-owned firms in Europe. The rising trend of Chinese investment, however, raises some interesting economic and political questions for European leaders.

Moving up the value chain…

What motives, aside from the sheer availability of cash, are driving this enormous wave of Chinese outward investment? A review of China’s OFDI in Europe over the past decade points to five distinct strategies. Some of these are similar to the strategies seen in earlier waves of cross-border investment by Western, Japanese and South Korean companies; others seem to be more China-specific. They also display widely divergent reliance on political leverage—with SOE investments, unsurprisingly, being the most politically driven.

Authors research

The first strategy is driven by a desire to move from cheap products to more sophisticated ones. An exemplar is Haier, the world’s largest white goods manufacturer. Haier’s development closely tracks that of Japanese and South Korean consumer appliance makers: it first concentrated on making cheap copies of established products, for sale in the Chinese market. It gradually moved up to more sophisticated and innovate products and services and began to export more aggressively.

Haier came to cross-border M&A relatively late, and has used it main- ly to scale up its core “made-in-China” portfolio and accelerate its move up the value chain. Its first acquisitions came in 2012, when it bought a part of Sanyo’s Asian operations and New Zealand’s Fisher & Paykel. After a failed effort to acquire bankrupt European white-goods firm FagorBrandt in 2014, it bought GE’s consumer appliances business for US$5.4bn in January 2016. Political backing for Haier’s overseas expansion has been limited, probably because of the low political importance of the white goods sector.

A second strategy, exemplified by telecoms equipment maker Huawei Technologies, is a straightforward effort to raise margins by diversifying out of the low-margin Chinese market into higher-margin foreign ones. Huawei has derived more than half its sales from abroad for over a decade, and has gradually increased its presence in European markets, in part through loose alliances with major clients such as BT, Orange, Deutsche Telekom, and Telefónica. It has also moved quickly into the device sector. From tablets to smartphones and 3G keys, its products are now spreading across Europe, as are its greenfield investments in European R&D centers. Its efforts to expand through M&A have been hampered by its image as an arm of the Chinese state—although privately owned, it has benefited from huge lines of credit from Chinese policy banks, and has never put to rest rumors of close ties with the People’s Liberation Army.

…and acquiring technology

The third model essentially involves technology acquisition that enables a Chinese firm both to bolster its position at home and create strategic opportunities abroad. Notable examples include personal computer maker Lenovo (which bought IBM’s PC division), carmaker Geely (which acquired Volvo’s passenger-car unit), and more recently ChemChina (with its purchases of Pirelli and Syngenta). The technology-acquisition strategy is much more characteristic of Chinese firms than of Japanese or South Korean companies, which mainly preferred to build up their technological know-how internally, or through licensing arrangements. Even though many of the Chinese acquirers in these deals are private, they are often able to mobilize enormous state support in the form of generous and low-cost financing.

The fourth internationalization model is characteristic of the hospi- tality industry and is one we dub (perhaps controversially) “Orientalist.” Essentially this involves the acquisition of established high-end hotel and leisure brands, with the ultimate aim of reorienting them to cater to a growing Asian—and especially Chinese—clientele. Examples include Shanghai-based Jinjiang International’s recent purchase of the Louvre Hotels group and of 11.7% of Accor’s hotel business. Hong Kong hotel chains Shangri-La, Mandarin and Peninsula have focused their expansion over the past three years in Europe, buying high-end assets in Paris and London. Dalian Wanda, a conglomerate with interests in real estate, retail and cinemas has plans for a series of major mixed-use projects in the UK and France. Like many such projects in China, these are designed to offer a combination of commercial, residential, shopping and recreational facilities. These culturally-oriented acquirers have also benefited from generous financing from China’s state-owned banks.

Heritage Foundation, media reports

The final strategy is a “national champions” model, under which big SOEs use political and financial support from the government to make acquisitions that they hope will vault them into positions of global market leadership. A noteworthy recent example in Europe Dongfeng Motor’s purchase of 14% of PSA, the parent company of Peugeot.

The wave of Chinese investment creates several challenges for European companies and policymakers. For firms, the sudden appearance of hungry and well-financed Chinese acquirers has prompted incumbent multinationals to step up their own M&A efforts, in order to maintain their market dominance. Moves into the European market by China’s leading construction equipment firms, Zoomlion and Sany, most likely prompted the purchase of Finnish crane company Konecranes by its American rival Terex. Similarly, ChemChina’s unexpected bid for Syngenta has caused disquiet among European chemical firms, and probably motivated Bayer’s subsequent bid to take over Monsanto.

In the policy arena, two issues stand out. The narrower one relates to reciprocity: Chinese firms are pretty much free to buy companies in any sector in Europe, without restriction; foreign firms by contrast are barred from investment or majority control in a host of sectors in China, including banking, insurance, telecom, media, logistics, construction, and healthcare. One potential solution is to include reciprocity provisions in the EU-China bilateral investment treaty now under negotiation.

The broader question for Europe is whether some broader geopoliti- cal strategy lies behind China’s outward investment surge, and if so what to do about it. There can be little doubt that in recent years China has increased its political leverage in Europe, and has done so via a “divide and rule” approach of dealing as little as possible with the EU as a whole and as much as possible with individual states. Another tactic has been to create new multilateral forums in configurations favorable to China, the most prominent example being the “16+1,” which consists of 16 central and eastern European nations plus China. Beijing has tried—so far with- out success—to develop similar forums with the Nordic and Southern European countries.

Anxiety along the Belt and Road

A related issue is to what extent Europe should welcome Chinese investment that comes in the form of infrastructure spending. Part of China’s “Belt and Road Initiative” is about increasing connectivity between China and Europe, and this comes with clear financial benefits: China has pledged, for instance, to contribute to the European Commission’s European Strategic Infrastructure Fund; and Chinese-led logistics platforms such as Athens’ Piraeus Port are proliferating. 

But with increased connectivity comes an increased flow of Chinese goods—and especially a flood of low-priced products from China’s excess capacity industries such as steel and building materials. In response to the apparent dumping of Chinese industrial goods in Europe, the European Parliament on May 12 adopted a non-binding but pointed resolution asking the European Commission to reject China’s claim to “market economy status” in the World Trade Organization (WTO). That status—which China says should come to it automatically in December this year under the terms of its 2001 WTO accession—would make it much harder for the EU to impose anti-dumping duties on Chinese imports. The Commission now faces the delicate choice of accepting China’s claim (to the detriment of European producers) or rejecting it (an action that is likely to invite some form of economic retaliation from Beijing). A possible middle way would be to recognize China’s market economy status but to carve out a set of exceptions to protect key European industries. However this dispute plays out, it will simply mark the beginning of a long and complicated relationship between Europe and its fastest-growing investor.

The piece originally appeared in China Economic Quarterly. 

Editor's Note: This is the second part of a two piece series on internal displacement that originally appeared online in TerraNullius. The first part is available here.
 
This post continues our discussion of the study entitled "From Responsibility to Response: Assessing National Response to Internal Displacement" recently released by the Brookings-LSE Project on Internal Displacement.

Addressing housing, land, and property (HLP) issues is a key component of national responsibility. Principle 29 of the non-binding but widely accepted Guiding Principles on Internal Displacement emphasizes that competent authorities have a duty to assist IDPs to recover their property and possessions or, when recovery is not possible, to obtain appropriate compensation or another form of just reparation.

The 2005 Framework for National Responsibility – which set the benchmarks we applied in our current study – reaffirms this responsibility (in Benchmark 10, “support durable solutions”) and flags a number of the challenges that often arise, such as IDPs’ lack of formal title or other documentary evidence of land and property ownership; the destruction of any such records due to conflict or natural disaster; and discrimination against women in laws and customs regulating property ownership and inheritance. The Framework for National Responsibility stresses that, “Government authorities should anticipate these problems and address them in line with international human rights standards and in an equitable and non-discriminatory manner.”

The extent to which a government has safeguarded HLP rights, including by assisting IDPs to recover their housing, land, and property thus was among the indicators by which we evaluated the efforts of each of the 15 governments examined in our study. Our findings emphasized the importance of both an adequate legal and policy framework for addressing displacement related HLP issues and the role that bodies charged with adjudication and monitoring can play in ensuring implementation.

HLP Law and Policy Frameworks

One of the most encouraging signs of governments taking seriously their responsibility to address internal displacement has been the development, adoption and implementation in all regions of the world of specific laws and policies that respect the rights of IDPs. Some of the countries surveyed have developed laws, decrees, orders, and policies that protect IDPs’ HLP rights, but these measures are also not without their limits and challenges. A few examples are presented below.

In Colombia, while Law 387 on Internal Displacement (1997) stipulates the right of IDPs to compensation and restitution (Article 10), the government has been hard-pressed to establish measures enabling them to realize that right (see further, below). In Colombia, the constitutional complaint process – the acción de tutela petition procedure – has made the government accountable to IDPs and has influenced government policy toward IDPs, including the policy of allocation of government assistance such as housing subsidies.

In Georgia, the legal framework for IDP protection includes a property restitution law for IDPs from South Ossetia, adopted in 2007, which provided for the establishment of a Commission on Restitution and Compensation; however, this body never became operational and the status of the law is unclear following the August 2008 conflict. The State Strategy on IDPs, also adopted in 2007, protects IDPs against “arbitrary/illegitimate eviction” and sets out a large-scale program for improving the living conditions of IDPs in their place of displacement, all the while reaffirming their right to property restitution.[1]

Displaced families whose homes were destroyed or damaged during the August 2008 received $15,000 from the government to rebuild their homes, although many IDPs have held off reconstruction efforts due to concerns about insecurity. The RSG on IDPs recommended in 2009 the established of a comprehensive mechanism for resolving HLP claims for both the South Ossetia and Abkhazia conflicts. In addition, in 2010, Georgia adopted procedures for vacating and reallocating IDP housing, which, among other things, addresses those cases in which removal of IDPs from a collective center is ordered by the government and may require an eviction, and spells out safeguards for guaranteeing the right of IDPs.[2]

Iraq’s 2005 Constitution protects Iraqis against forced displacement (Article 44(2)). Through its Property Claims Commission, formerly the Commission on the Resolution of Real Property Disputes established by Order No. 2 (2006), Iraq has sought to recover property seized between 1968 and 2003, although significant gaps and challenges remain. For those internally displaced between 2006 and 2008, Prime Ministerial Order 101 (2008) sets out a framework for providing property restitution for registered IDPs with a view to encouraging and facilitating their return to Baghdad governorate, the origin of the majority of post-2006 IDPs and the location of the majority of post-2006 returnees. However, there have been few claims; many IDPs lack the necessary documentation, do not trust government institutions, fear retribution or cannot afford the requisite costs.[3]

In Afghanistan, where national authorities have not yet defined “internally displaced persons,” property and land rights of IDPs are either specifically addressed or generally implicated in substantive and procedural provisions found in a series of executive acts that have been issued since 2001, including the most IDP-specific of them, Presidential Decree No. 104 on Land Distribution for Settlement to Eligible Returnees and Internally Displaced Persons (2005). This decree sets forth a basic framework for distributing government land to both IDPs and returnees as a means of addressing their housing needs. However, IDPs seeking access to land are required to provide their national identity cards (tazkera) and documentation proving their internal displacement status—documentation which they may have lost. Moreover, the decree does not recognize other fundamental rights or needs of the internally displaced; it is valid only in areas of origin; and its implementation has been marred by inefficiency and corruption within the very weak ministry that is tasked with its implementation.

Although the 2006 peace agreement in Nepal  included a commitment to return occupied land and property and to allow for the return of displaced persons, four years after the peace agreement (and three years after the adoption of a national policy), between 50,000 and 70,000 people remained displaced.  Nearly half of the returnees interviewed by the Nepal IDP Working Group reported serious land, housing and property problems.  Of the more than 10,000 claims for compensation for property filed in 2007 only 2,000 families had received support to reconstruct or repair their houses by 2009.  It is widely reported that IDPs with non-Maoist political affiliations have been the least likely to recover land and property.

In Turkey, the government has yet to take full responsibility for displacement caused by its security forces against a largely Kurdish population. In its Law 5233 on Compensation of Damages That Occurred Due to Terror and the Fight against Terror (27 July 2004) and its Return to Village and Rehabilitation Program, displacement is defined in terms of “terrorism” or the “fight” against it. This law does not specifically focus on internal displacement, but it does benefit IDPs among other affected populations. Law 5233 and its related amendments and regulations compensate for “material damages suffered by persons due to terrorist acts or activities undertaken during the fight against terror” between 1987 and 2004. Compensation is provided for three types of damage: loss of property; physical injuries, disabilities, medical treatment, death and funerals; and inability to access property due to measures taken during “the fight against terrorism.”

According to the law, compensation is to be determined by damage assessment commissions (DACs) at the provincial level, with funding provided by the Ministry of the Interior. From 2004 to August 2009, the commissions received just over 360,000 applications. Of those, over 190,000 claims were decided: 120,000 were approved and the claimants awarded compensation; the remaining 70,000 were denied. Around $1.4 billion in compensation was awarded, of which close to $1.1 billion has been paid.[4] The existing legal and policy framework do not adequately address the obstacles to return, including the village guard system, insecurity and the presence of landmines and unexploded ordnance.

In Kenya, the government’s promotion of return included a National Humanitarian Emergency Fund for Mitigation and Resettlement of Victims of 2007 Post-Election Violence which was to meet the full costs of resettlement of IDPs, including reconstruction of basic housing, replacement of household effects and rehabilitation of infrastructure. But in practice, the government has been criticized for promoting return before conditions were safe. The government has also tended to focus on IDPs who own land and to attach durable solutions to land; there is no clear strategy for dealing with landless IDPs, such as squatters and non-farmers.

Awareness among IDPs as to their housing, land, and property rights under existing law – where there is law addressing those rights – is inadequate in many instances. For example, in Turkey, about half of IDPs surveyed in 2006 were not aware of their entitlements under the Return to Village and Rehabilitation Program or the Law on Compensation. [5]

National Human Rights Institutions and Constitutional Courts

In some cases, national human rights institutions (NHRIs) and constitutional courts have a critically important role to play in supporting as well as in holding governments accountable to guarantee the rights of IDPs. In a number of the countries our study examined, the work of NHRIs on internal displacement has included a focus on HLP issues.

In Georgia, for example, the Public Defender has been actively monitoring and reporting on the country-wide housing program begun in 2009 and has raised concerns about evictions of IDPs and the quality of housing in relocation sites. The Public Defender’s office also has undertaken a study on the conditions of the hidden majority of IDPs living in private accommodation rather than in collective centers.

The Afghanistan Independent Human Rights Commission has reported on and raised concerns about the large number of IDPs living in urban slums and informal settlements and about the fact that many IDPs were unable to return to their homes due to disputes over land and property.

Constitutional courts have in some instances played a role in strengthening the national legal framework for protecting the property rights of IDPs. Notably, Colombia’s activist Constitutional Court, in its Decision T-821 in October 2007, ordered the government to ensure respect for IDPs’ right to reparation and property restitution. In January 2009, the Constitutional Court ordered the government to comprehensively address land rights issues and to establish mechanisms to prevent future violations.

Subsequently, the government has sought to ensure these rights by adopting in 2011 the historic and ambitious Law 1448, known as the Victims and Land Restitution Law. In this law, government acknowledges for the first time ever the existence of an internal armed conflict in Colombia, and recognizes as “victims” those individuals or communities whose rights were violated under international humanitarian law or international human rights law. The law regulates reparations for all victims of the armed conflict since 1985 – numbering over 5 million – including through land restitution or compensation for IDPs which is to occur over the next decade.

However, restitution of land does not guarantee returnees’ security and may even endanger people given that land disputes and seizures remain a driving force of displacement. Aiming to prevent further victimization of returnees as a result of insecurity and violence, the government established a new security body, the Integrated Center of Intelligence for Land Restitution (Centro Integrado de Inteligencia para la Restitución de Tierras, also known as CI2-RT) within the Ministry of Defense. Additional participants include the Office of the Vice President, the Ministry of Justice and Interior, the Department of Administrative Security (DAS), Social Action (Acción Social), Incoder, and organizations representing victims of violence. Time will tell how successful the implementation of this ambitious law will be.

In Georgia, the Constitutional Court has also played an important role by recognizing the rights of IDPs to purchase property without losing their IDP status or in any way jeopardizing their right to return.

Conclusion

Securing HLP rights for IDPs is, of course, a key component of finding durable solutions to displacement. The study found that land and property disputes are almost always sources or manifestations of lingering conflict and often an obstacle to IDPs’ free exercise of their right to return.  While some governments have made efforts to provide mechanisms for property restitution or compensation, those mechanisms have rarely been adequate to deal—at least in a timely manner—with the scale and complexity of the problem. National human rights institutions and constitutional courts can play a key role in holding governments accountable for HLP and other rights and freedoms of IDPs.

[1] Government of Georgia, State Strategy for Internally Displaced Persons–Persecuted Persons, Chapter V.

[2] The Standard Operating Procedures for Vacation and Reallocation of IDPs for Durable Housing Solutions (2010) (www.mra.gov.ge)

[3] IDMC, Iraq: Little New Displacement but around 2.8 Million Iraqis Remain Internally Displaced: A Profile of the Internal Displacement Situation, 4 March, 2010, p. 240 (www.internal-displacement.org)

[4] IDMC, Turkey: Need for Continued Improvement in Response to Protracted Displacement: A Profile of the Internal Displacement Situation, 26 October 2009, p. 12, citing correspondence with the government of Turkey, 17 September 2009 (www.internal-displacement.org)

[5] Hacettepe University, Institute of Population Studies, "Findings of the Turkey Migration and Internally Displaced Population Survey," press release, 6 December 2006, cited in IDMC, Turkey: Need for Continued Improvement in Response to Protracted Displacement: A Profile of the Internal Displacement Situation, 26 October 2009, p. 11 (www.internal-displacement.org)

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Stability in Europe’s eastern neighborhood, already precarious, is being further strained. The political prospects of several countries, including Ukraine, Georgia, Turkey and Russia, remain unclear. The region is grappling with the fallout of the economic crisis, and Russia and Turkey, in particular, are threatened by the turmoil in the Arab world.

On April 13, the Center on the United States and Europe at Brookings (CUSE) hosted former European Union High Representative for Common Foreign and Security Policy Javier Solana for a discussion on how the European Union (EU) and NATO should engage with Europe’s strategic partners in the East and Southeast. As a former secretary general of NATO and secretary-general of the Council of the European Union, Solana offered insight into the prospects for future EU and NATO enlargement, the potential impact of the eurozone crisis on the region and how Europeans should attempt to cooperate with their neighbors in tackling global challenges.

Brookings President Strobe Talbott provided introductory remarks and moderated the discussion.

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• Syria, Russia and Iran
• Global Governance Can Work
• Turkey and Cyprus

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• Europe's Eastern Frontiers: A Conversation with Javier Solana

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Today, the Center on the United States and Europe (CUSE) at Brookings hosted Georgian Defense Minister Irakli Alasania for an address on Georgia's vision for Euro-Atlantic integration during a period of increased insecurity in the region. In his remarks, Minister Alasania shared his insights on the upcoming NATO summit and Georgia's approach to enhancing its relations with the West while attempting to normalize relations with Russia to lower tensions still simmering from the war six years ago.

Minister Alasania said that his country's "path toward NATO and European integration is unchanged" and offered next steps on "how we're going to make sure that the credibility of the west, the credibility of NATO as an organization will continue to be relevant to safeguard the values that we all cherish: freedom, democracy, and a Europe whole and free."

"We are acting like a NATO country," he said. Continuing:

We are acting like a European country, because we believe that our future is within Europe. And we regard ourselves as a future member. And this is why we are preparing ourselves institution-wise, in terms of freedom, in terms of democracy, and the military capabilities when ... the historical opportunity will open up to Georgia to join NATO and the EU.

The defense minister added that "We are looking at the future." We:

cannot be dragged back to the confrontation of the early 1990s. And we want to make sure that our policies, our economic policies, our foreign policy, [are] specifically working to make sure that the Georgian people who elected us are now moving closer and closer to the European way of living standards. And this only can be done if the efforts that Georgia is making will be validated, will be appreciated by the NATO and the European countries.

One of the things we are looking forward to is the signing of the association agreement. The next step obviously is the NATO summit. And what the NATO summit will decide is how effectively they can assure the allies, but also the partners, like Georgia.

On Russia, Minister Alasania spoke in both hopeful and realistic terms, saying that:

We are now approaching foreign policy and specifically the issue with Russia with a rather mature approach. We don't have any illusions that Russia will change its behavior or policies toward Georgia's territorial integrity or NATO aspirations. But we do hope the diffusion of tensions, the decrease of the military rhetoric between the two countries, will serve Georgia's interests best.

And it will give us more space to develop ourselves, to develop our relationship with the Abkhazia and South Ossetian areas. This is the cornerstone of our policy actually. Be uncompromising on the territorial integrity. Be uncompromising on NATO aspiration, membership in NATO and the EU. But at the same time be sure that we are not going give a pretext to anybody in the region, specifically to Russians, to attack us politically or otherwise.

Listen to audio of the event below or on the event's web page to get the full conversation, which was moderated by CUSE Director Fiona Hill.

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• Georgia's Euro-Atlantic Aspirations and Regional Security

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To build on its longstanding interest in the evolving transatlantic relationship and to address the serious differences that have emerged between America and Europe after the September 11 terrorist attacks and throughout the ongoing war on terrorism, Brookings announces the launch of its new Center on the United States and Europe. The center offers a forum for research, high-level dialogue, and public debate on issues affecting U.S.-Europe relations.

At the inaugural conference to launch the new center, experts discussed the theme "The United States and Europe: One Year after the War in Iraq." Panelists at this special event included Javier Solana, Robert Kagan, Charles Grant, Klaus Scharioth, Andrew Moravcsik, Martin Indyk, Ulrike Guerot, Pascale Andreani, Cesare Merlini, Reuel Marc Gerecht, Gilles Andreani and others.

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The crisis over Iraq was the latest in a series of international security crises that demonstrated that the European Union has not yet emerged as unified actor on difficult global security issues. Yet since the Iraq crisis, the member states of Europe have shown a renewed interest in creating EU institutions capable of coherent action on controversial foreign policy issues, in articulating a distinct European strategy for promoting security and stability, and in establishing a European role in issues well beyond the European continent.

The Center on the United States and Europe's annual conference brought together renowned experts and policymakers from both sides of the Atlantic to examine Europe's Global Role. The first panel looked at the ongoing efforts by the United Kingdom to steer a course between and "Atlanticist" and "European" foreign policy; the second panel examined the European Union's efforts to manage its relationships with a proliferating number of candidates to the east—at the same time that it sorts out its own political future; and the last panel looked at the integration of a rising China into the international system, an extra-European issue on which the European Union and the United States have already shown signs of discord.

Welcome and Introduction:
Philip H. Gordon, Director, Center on the United States and Europe

Britain Between America and the European Union:
Philip H. Gordon

Panelists:
Anatol Lieven, Carnegie Endowment
Gerard Baker, The London Times
Charles Grant, Centre for European Reform

Where Does Europe End?
Strobe Talbott, President, The Brookings Institution

Panelists:
John Bruton, EU Ambassador to the U.S.
Sylvie Goulard, Institut d'Etudes Politiques, Paris
Andrew Moravcsik, Princeton University
Vladimir Ryzhkov, Russian Duma

The Global Agenda:
James B. Steinberg, Vice President and Director, Foreign Policy Studies, The Brookings Institution

Panelists:
R. Nicholas Burns , Undersecretary of State for Political Affairs
Jean-David Levitte, French Ambassador to the U.S.

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On April 30, 2007, the Brookings Center on the United States and Europe held its fourth annual conference. As in previous years, the annual conference brought together scholars, officials, and policymakers from both sides of the Atlantic to examine the evolving roles of the United States and Europe in the global arena. Panel discussions covered some critical issues about Europe and the U.S.-Europe relationship: "The French Elections", "NATO and Afghanistan" and "Islam in Europe". Panelists included, among others, Lt. General Karl Eikenberry, Deputy Chairman of the NATO Military Committee; Ashraf Ghani, former Finance Minister of Afghanistan; Tufyal Choudhury of Durham University; Philip Gordon of the Brookings Institution; and Corine Lesnes from Le Monde.

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On May 20, 2008, the Center on the United States and Europe held its fifth annual conference. As is in previous years, the Conference brought together leading scholars, officials, and policymakers from both sides of the Atlantic to examine issues shaping the transatlantic relationship and to assess the evolving roles of the United States and Europe in the global arena.

Gary Schmitt of the American Enterprise Institute; Sir Lawrence Freedman of King’s College, London; Gideon Rachman of the Financial Times; former Norwegian Foreign Minister Jan Petersen; and Strobe Talbott, President of The Brookings Institution joined other prominent panelists and CUSE scholars for this year’s sessions. The series of panel discussions explored transatlantic relations beyond the Bush presidency, Sarkozy’s plans for France’s EU presidency, and the future of Russia under Medvedev.

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The uprisings in the Arab world and the U.S.-European military intervention in Libya are currently driving transatlantic policy discussions. However, the ongoing Eurozone crisis and the fate of debt-laden countries remain issues of concern for both Europeans and Americans. Other critical challenges are also consuming Europe’s attention: reversing the economic slowdown and regaining competitiveness; dealing with rising populism and public opinion backlash against the influx of North African refugees; and forging a common foreign policy that can both respond to changing political and economic developments and enhance the European Union’s role in a new multipolar world.

On May 26, the Center on the United States and Europe at Brookings (CUSE) and the Heinrich Böll Foundation hosted experts and top officials from both sides of the Atlantic for the 2011 CUSE annual conference. Panelists explored critical issues shaping the future of transatlantic relations, from the euro crisis to how the United States and Europe can craft a common response to the wave of democratic uprisings in the Arab world.

After each panel, participants took audience questions.

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• Europe's Future in a Turbulent World
• Europe's Future in a Turbulent World
• Europe's Future in a Turbulent World

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With many national economies slipping back into recession and voters in Greece, France and the United Kingdom rejecting austerity measures in recent elections, the European political and economic landscape has shifted again. Europe now seems headed towards a revised social contract and a new round of negotiations to respond to the continuing financial crisis. The United States, while experiencing a mild recovery, also strives to find the right balance between fiscal consolidation and growth preservation—a mission made more challenging with the upcoming November elections. A new loss of confidence in Europe may well imperil the U.S. economy’s fragile recovery. Will similar anti-austerity political currents cross the Atlantic and bring "change" to the United States? Despite the crisis, transatlantic cooperation has increased during the Obama administration, but U.S.-EU relations will be subjected to critical examination during the election year.

On May 23, the same day European leaders will gather for an extraordinary summit in Brussels, the Center on the United States at Brookings (CUSE) and the Heinrich Böll Foundation hosted a discussion featuring experts and top officials from both sides of the Atlantic for the 2012 CUSE Annual Conference. Panelists explored critical issues shaping the future of transatlantic relations in a year of elections and political transitions, from the euro crisis and the future of NATO to relations with Russia, Turkey and the Middle East.

After each panel, participants took audience questions.

The event is available in full on C-SPAN »

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• NATO in Afghanistan: In Together, Out Together
• U.S. Has Enormous Stake in Euro Crisis
• U.S., European Allies United on Iran
• U.S. Will Move Forward with Russia on Areas of Mutual Interest

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• Visions of Europe in an Election Year: Part 1
• Visions of Europe in an Election Year: Part 2
• Visions of Europe in an Election Year: Part 3

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• Intro And Remarks With Phillip Gordon (.pdf)
• Panel One Transcript (.pdf)
• Panel Two Transcript (.pdf)
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On May 14, the Center on the United States and Europe at Brookings, in partnership with the Council for the United States and Italy, will host Italian Foreign Minister Federica Mogherini for an address on Italy’s foreign policy during a period of geopolitical turmoil. In her remarks, Mogherini will offer perspectives on recent developments on the frontiers of Europe and explore how Italy and the U.S. can work together, along with the European Union and NATO, to address the ongoing challenges in Ukraine, the Mediterranean and beyond.

Federica Mogherini has been minister for foreign affairs since February 2014. She was previously a member of the Foreign Affairs and Defense Committees of the Chamber of Deputies and chair of the Italian Delegation to the Parliamentary Assembly of NATO. She has been active in promoting nuclear disarmament in the Italian parliament, including a successfully adopted resolution supporting the nuclear disarmament visions and plans of President Obama and U.N. Secretary General Ban Ki-moon.

Brookings Acting Deputy Director for Foreign Policy Steven Pifer will introduce Minister Mogherini. Michael Calingaert of Brookings and the Council for the U.S. and Italy will moderate a question and answer session at the conclusion of the minister’s remarks.

Join the conversation on Twitter using #Mogherini

According to multiple press reports, European Union leaders are poised to choose Italy’s Foreign Minister Federica Mogherini as the EU’s next foreign policy chief at a summit on Saturday. A previous summit to discuss the position ended in deadlock in July when the Baltics and several Eastern European states objected to Mogherini due to concerns that she was too soft on Russia and lacked foreign policy experience, as she has only been in her position since January.

Now decision day has arrived and Italy’s Prime Minister Matteo Renzi is determined to push her candidacy through even if some disagree. As one EU diplomat told the Financial Times, “You still have a group of countries who will be quite unsatisfied, but they don’t have a blocking minority.” In a comment that could have been made by Stringer Bell in “The Wire,” Italian Minister Sandro Gozi previewed this strategy in July, saying, “The possibility of a majority vote ... is part of the game and cannot be ruled out.”

This highly consequential foreign policy decision is being made on the basis of criteria that have nothing to do with foreign policy. No one claims that Mogherini is the best person to deal with Russia but asking who is is not seen as a relevant question. The sharing of the spoils of several top jobs between the parties means that it must go to a socialist and Europe’s socialist leaders want to help Renzi. There is pressure to appoint a woman because EU leaders have failed to nominate women for other top posts or for the rest of the commission. Merkel had concerns but she is apparently willing to let it slide if it means stopping Italy from diluting the EU’s budget rules. Others are doing their own deals. The bottom line is that foreign policy is almost entirely absent from the discussion.

In normal times, this would be a bit unseemly but not outrageous. These are not normal times however. It is easily forgotten in Rome and Paris but Russia poses a real and near-term threat to some EU members—Latvia, Estonia and maybe even Lithuania. These states have asked for more assistance and support from their allies in NATO and from other EU members. They are deeply concerned by Mogherini’s nomination. Italy has strong economic ties with Russia and has frequently opposed tougher sanctions. Mogherini’s visit to Moscow early this year and her language of respecting Russian interests raised concerns about exactly what those interests are and whether she understands where the fault lies.

In a clear reference to Mogherini, Lithuania's President Dalia Grybauskaitė said that the EU must not pick someone who is “pro-Kremlin”—an exaggerated charge, perhaps, but indicative of the sensitivity and concern her candidacy has caused. But above all is the view that others are better qualified to deal with the Russian challenge—not just in terms of years clocked on the foreign policy beat but in the substance of what they say and do about it. Carl Bildt, Sweden’s foreign minister, is a leading example. Polish Minister of Foreign Affairs Radek Sikorski is another. Bulgaria’s Kristalina Georgieva, currently EU commissioner for humanitarian aid, would be a good compromise candidate.

One would think that the views of these member states would be taken extremely seriously by the rest of the EU. Instead, isolating and defeating them is just another “part of the political game.” Needless to say, this is not a game. It is the most serious security threat Europe has faced in over two decades. Two hundred and twelve EU citizens were killed by a Russian missile fired by Russian backed separatists in July. Thousands have died in Ukraine as a result of the war Russia started. And in recent weeks, Russian forces have begun a formal invasion of Ukraine.

It is mind-boggling that in a week when Russia opened a third front in Ukraine, European leaders are even considering appointing anyone other than someone with a proven track record of understanding and meeting Russia’s challenge, let alone a person who has consistently underestimated the risk. It’s as if a climate skeptic from the oil industry was to be appointed as environment minister.

It is true, of course, that the foreign policy chief, whoever he or she is, will not make EU policy. That will continue to be the domain of individual member states, especially Germany. But appointing the wrong person will do no good and may do some harm. Appointing the right person could serve the purpose of rallying the member states, pressuring them to stick to their previous declarations, and being a powerful voice for Europe’s values and its interests in a peaceful and free continent.

The EU owes it to its own citizens to make a decision of this magnitude solely on foreign policy grounds. It should not sell out the Baltics to keep the gravy train flowing. This is no time for business as usual.

In the three months since the EU-Turkey migrant pact came into force, the number of migrants arriving on Greek shores has dropped precipitously. But the number of migrants making the even more dangerous crossing to Italy has increased substantially. After months of chaos, Rome—having adopted a variety of measures in partnership with European authorities—is now much better prepared than last summer to deal with a new migrant surge. But, despite its efforts, Italy—like its peers—cannot possibly cope on its own with a new wave of migration on the order of magnitude as the one witnessed last summer.

Yet that possibility is real. With almost 19,000 arriving from Libya in the first three months of this year, an EU-Libya migration compact is urgently needed. But for it to work, Europe as a whole must engage with Libya comprehensively and across policy areas. That will require time—and an interim solution in the meantime. 

Fewer arrivals in Greece, more in Italy

Notwithstanding its many flaws, the EU-Turkey deal appears to be working at deterring people from making the treacherous crossing from Turkey to Greece. Although weather conditions have improved, the number of migrants reaching Greece dropped by 90 percent in April, to less than 2,700. Syrians, Pakistanis, Afghans, and Iraqis made up the bulk of new arrivals, as has been the case for the last few months. Further north, along the Western Balkans route, the number of migrants reaching Europe’s borders in April dropped by 25 percent, down to 3,830. In this case, Macedonia’s de facto closure of its southern border with Greece clearly contributed to stemming the flow. 

With the Eastern Mediterranean and the Western Balkans routes sealed, the Central Mediterranean pathway presents new and worrying trends. In the month of April alone, 9,149 migrants arrived in Italy. As in the past, they were overwhelmingly from Sub-Saharan Africa (mostly Nigeria), many of them economic migrants unlikely to be granted asylum. For the first time since May 2015, more migrants are now reaching Italy than Greece. Many more are likely to have lost their lives trying to do so. 

For the first time since May 2015, more migrants are now reaching Italy than Greece.

Learning from past mistakes 

Italy is doing its homework. A revamped headquarters for the European Union Regional Task Force (EURTF) overseeing migrant arrivals across the Central Mediterranean opened at the end of April in the town of Catania. Five of its six hotspots—first reception centers fully equipped to process new arrivals—are now in place, with a combined reception capacity for 2,100 people and the involvement of Frontex, the European Asylum Support Office, Europol, Eurojust, the International Organization for Migration, and the Office of the United Nations High Commissioner for Refugees. Fingerprinting rates have now reached virtually 100 percent at all active hotspots. Long-term reception capacity across the country is currently at 111,081, and plans are in place to boost this to 124,579. This would probably not be enough to host the share that the country could be expected to take under a permanent and fair pan-European relocation mechanism. And yet, at least for the time being, the European Commission judged the Italian reception system to be more than sufficient.

Within this context, European partners seem to be slowly becoming more confident in Rome’s willingness to take up its responsibilities. It is no coincidence that on the same day that German Finance Minister Wolfgang Schäuble invited Vienna to support Italy in its efforts to control migrant movements within the Schengen area, Austria’s Interior Minister Wolfgang Sobotka announced that work on building a “migrants protection fence” at the Italy-Austria border was halted. 

A sustainable solution before it’s too late

Still, should a new massive migrant wave reach its shores, Italy could not cope on its own. Indeed, no single European country could. Should such a new wave materialize, Libya would be by far the most likely country of origin. Italy is the key to fighting ISIS and stabilizing Libya, but it would be unrealistic to expect Italy to do so on its own. 

The current European migrant crisis is part of a broader global refugee crisis and Europe has a shared interest and responsibility in dealing with it. Because of that, an EU-Libya deal is now necessary. This must—and can—be better than the agreement between the EU and Turkey. But a strategic pan-European approach is urgently needed. As Mattia Toaldo recently highlighted, a joint EU-Libya migration plan would be one of five priority areas for Libya. These would also include supporting a Libyan joint command to fight ISIS, a diplomatic offensive in support of the recently-established unity government, a reconciliation of local militias through power devolution, and the re-launch of the country’s economy. In April, Italy shared proposals with its European partners for a new migration compact with Libya but which also involves the broader region. That might be wise: since Europe is certainly unable to stabilize Libya in the short term, its leaders should start thinking about the country as a variable within a far broader equation. 

What can Italy do in the meantime?

The European Union should step up its support for Italy and an interim solution to migrant crisis in the Central Mediterranean must be found. Meanwhile, Italy has to brace itself for the potential arrival of over 800,000 migrants currently in Libya and waiting to cross the Mediterranean. While Rome could never cope with such a surge in migrant flows on its own, it still can—and must—plan for such an eventuality.

Three measures could be taken to address this challenge. First of all, Italy could consider setting up a seventh—and possibly even an eight—hotspot. This would be an important step given that an idea Italian Interior Minister Angelino Alfano floated—to set up “hotspots at sea”–is unlikely to be viable on both legal and humanitarian grounds. Second, Italy should increase its long-term reception capacity to around 150,000 people. The exact number would depend on the calculations that the European Commission is currently finalizing. Crucially, this should mirror the number of individuals beyond which an emergency relocation mechanism would be activated to re-distribute asylum seekers from Italy to another EU member state. Finally and should a sudden surge in the number of arrivals materialize, Italy could prepare contingency plans to mobilize virtually its entire navy to support ongoing EU efforts with its Operation Sophia. These policy proposals involve a significant effort in terms of state capacity. Yet, Italy has both a moral responsibility as well as a vested interest in implementing them. 

In the three months since the EU-Turkey migrant pact came into force, the number of migrants arriving on Greek shores has dropped precipitously. But the number of migrants making the even more dangerous crossing to Italy has increased substantially. After months of chaos, Rome—having adopted a variety of measures in partnership with European authorities—is now much better prepared than last summer to deal with a new migrant surge. But, despite its efforts, Italy—like its peers—cannot possibly cope on its own with a new wave of migration on the order of magnitude as the one witnessed last summer.

Yet that possibility is real. With almost 19,000 arriving from Libya in the first three months of this year, an EU-Libya migration compact is urgently needed. But for it to work, Europe as a whole must engage with Libya comprehensively and across policy areas. That will require time—and an interim solution in the meantime. 

Fewer arrivals in Greece, more in Italy

Notwithstanding its many flaws, the EU-Turkey deal appears to be working at deterring people from making the treacherous crossing from Turkey to Greece. Although weather conditions have improved, the number of migrants reaching Greece dropped by 90 percent in April, to less than 2,700. Syrians, Pakistanis, Afghans, and Iraqis made up the bulk of new arrivals, as has been the case for the last few months. Further north, along the Western Balkans route, the number of migrants reaching Europe’s borders in April dropped by 25 percent, down to 3,830. In this case, Macedonia’s de facto closure of its southern border with Greece clearly contributed to stemming the flow. 

With the Eastern Mediterranean and the Western Balkans routes sealed, the Central Mediterranean pathway presents new and worrying trends. In the month of April alone, 9,149 migrants arrived in Italy. As in the past, they were overwhelmingly from Sub-Saharan Africa (mostly Nigeria), many of them economic migrants unlikely to be granted asylum. For the first time since May 2015, more migrants are now reaching Italy than Greece. Many more are likely to have lost their lives trying to do so. 

For the first time since May 2015, more migrants are now reaching Italy than Greece.

Learning from past mistakes 

Italy is doing its homework. A revamped headquarters for the European Union Regional Task Force (EURTF) overseeing migrant arrivals across the Central Mediterranean opened at the end of April in the town of Catania. Five of its six hotspots—first reception centers fully equipped to process new arrivals—are now in place, with a combined reception capacity for 2,100 people and the involvement of Frontex, the European Asylum Support Office, Europol, Eurojust, the International Organization for Migration, and the Office of the United Nations High Commissioner for Refugees. Fingerprinting rates have now reached virtually 100 percent at all active hotspots. Long-term reception capacity across the country is currently at 111,081, and plans are in place to boost this to 124,579. This would probably not be enough to host the share that the country could be expected to take under a permanent and fair pan-European relocation mechanism. And yet, at least for the time being, the European Commission judged the Italian reception system to be more than sufficient.

Within this context, European partners seem to be slowly becoming more confident in Rome’s willingness to take up its responsibilities. It is no coincidence that on the same day that German Finance Minister Wolfgang Schäuble invited Vienna to support Italy in its efforts to control migrant movements within the Schengen area, Austria’s Interior Minister Wolfgang Sobotka announced that work on building a “migrants protection fence” at the Italy-Austria border was halted. 

A sustainable solution before it’s too late

Still, should a new massive migrant wave reach its shores, Italy could not cope on its own. Indeed, no single European country could. Should such a new wave materialize, Libya would be by far the most likely country of origin. Italy is the key to fighting ISIS and stabilizing Libya, but it would be unrealistic to expect Italy to do so on its own. 

The current European migrant crisis is part of a broader global refugee crisis and Europe has a shared interest and responsibility in dealing with it. Because of that, an EU-Libya deal is now necessary. This must—and can—be better than the agreement between the EU and Turkey. But a strategic pan-European approach is urgently needed. As Mattia Toaldo recently highlighted, a joint EU-Libya migration plan would be one of five priority areas for Libya. These would also include supporting a Libyan joint command to fight ISIS, a diplomatic offensive in support of the recently-established unity government, a reconciliation of local militias through power devolution, and the re-launch of the country’s economy. In April, Italy shared proposals with its European partners for a new migration compact with Libya but which also involves the broader region. That might be wise: since Europe is certainly unable to stabilize Libya in the short term, its leaders should start thinking about the country as a variable within a far broader equation. 

What can Italy do in the meantime?

The European Union should step up its support for Italy and an interim solution to migrant crisis in the Central Mediterranean must be found. Meanwhile, Italy has to brace itself for the potential arrival of over 800,000 migrants currently in Libya and waiting to cross the Mediterranean. While Rome could never cope with such a surge in migrant flows on its own, it still can—and must—plan for such an eventuality.

Three measures could be taken to address this challenge. First of all, Italy could consider setting up a seventh—and possibly even an eight—hotspot. This would be an important step given that an idea Italian Interior Minister Angelino Alfano floated—to set up “hotspots at sea”–is unlikely to be viable on both legal and humanitarian grounds. Second, Italy should increase its long-term reception capacity to around 150,000 people. The exact number would depend on the calculations that the European Commission is currently finalizing. Crucially, this should mirror the number of individuals beyond which an emergency relocation mechanism would be activated to re-distribute asylum seekers from Italy to another EU member state. Finally and should a sudden surge in the number of arrivals materialize, Italy could prepare contingency plans to mobilize virtually its entire navy to support ongoing EU efforts with its Operation Sophia. These policy proposals involve a significant effort in terms of state capacity. Yet, Italy has both a moral responsibility as well as a vested interest in implementing them. 

Data shows that white, poor, elderly, uneducated men from rural England pulled the United Kingdom outside the European Union. Great Britain will be on its own as it will have to navigate an increasingly complex and globalized world. Europeans must wish all the very best to their British friends. At the same time, they must explore what opportunities are there to be seized. Britain’s departure presents Europeans with many exciting political prospects.

Scotland

Unlike England, Scotland voted massively in favor of remaining within the European Union. Scots now risk being dragged out of it at the hands of the English. Because of this, Scottish First Minister Nicola Sturgeon has been clear: The possibility of a new referendum for Scottish independence is on the table. Should Scotland break free of England, it would immediately be welcome back into the European Union as a sovereign and independent country. Scots would have the best of both worlds: free of English dictates and welcome in the common European family. Their economic liberalism and progressive social policies meanwhile being a boon to the rest of Europe. 

Ireland

Although far less likely than those of a Scottish scenario, major changes could be afoot in Ireland as well. Ireland is presented with a fantastic opportunity to solidify its position as an outpost of Anglo-Saxon economic dynamism within the European Union. A global language, a flexible labour market and low corporate taxation (as well as great beer) are the ingredients the Irish bring to Europe. In the coming years, they could leapfrog what will be left of Britain as America’s springboard into Europe. Meanwhile, Dublin has a fantastic opportunity to punch above its weight in international affairs (as it could and should) by acting as an honest broker between Brussels and London.

International affairs

Calls for the establishment of a common European military, of shared European representation in international institutions, and of a truly European diplomatic service have for the last 40 years regularly and to varying degrees been frustrated by the United Kingdom. Now that Britain is out, Berlin, Paris, and all other like-minded member states should seize this historical opportunity in order to tremendously boost their cooperation in all these policy areas. By doing so, Europe could achieve economies of scale, save money and resources on possible duplications, boost its global standing, and become the strong and reliable partner that the United States desperately wants it to be.

The economy

The welfare state, public services, and healthcare that most continental and northern Europeans enjoy have long been far superior to anything most Brits can even dream of. Additionally, Germany and most northern European member states boost far more competitive economies and standards of living than the United Kingdom. The historical challenge for Europeans is now to improve the performance of the southern and eastern member states of the European Union. Free from British fears of Brussels’ red tape and with the crucial contribution of small yet economically dynamic countries such as the Netherlands or Sweden, Europeans should further integrate toward a dynamic yet inclusive social-market economic model.

Democracy

Westminster gave parliamentary democracy to the rest of the world. After having made a joke out of it through a referendum marred by enormous lies regurgitated onto an ill-informed population, Britain might have given a new impetus to democratic ideals across Europe. Two elements conspire positively in this respect. On the one hand, the country that historically more than any other opposed reforms aimed at further democratizing the European Union is out of the way: Britain will no more be able to veto reforms in this direction. On the other hand, both European elites and common citizens alike might now be spurred into further democratizing the EU as a means to rescuing it.

A rather homogenous socio-demographic group of white, poor, uneducated, elderly, and rural Englishmen have pulled the rest of Britain outside the European Union. The United Kingdom might now enter a new phase in its history characterized by a further deterioration of its international standing. Europeans, meanwhile, have to catch up on the time they spent dealing with 40 years of British foot-dragging. Great opportunities are out there to be seized.

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For decades Chinese companies focused their international investment on unearthing natural resources in Africa, Asia, and Latin America. In recent years, Chinese money has spread across the globe into diverse sectors including the real estate, energy, hospitality, and transportation industries. So far in 2016, Chinese investment in offshore mergers and acquisitions has already reached $101 billion, on track to surpass its $109 billion total for all of 2015. What do these investments reveal about China’s intentions in the West? How is China’s image being shaped by its muscular international investments? Should the West respond to this new wave, and if so, how?

On April 25, 2016, the Center on the United States and Europe and the John L. Thornton China Center at Brookings hosted the launch of "China’s Offensive in Europe" (Brookings Institution Press, 2016), the newly-published, revised book co-authored by Visiting Fellow Philippe Le Corre (with Alain Sepulchre). During the event, Le Corre offered an assessment of the trends, sectors, and target countries of Chinese investments on the Continent. Following the presentation, Senior Fellow Mireya Solis moderated a discussion with Le Corre and Senior Fellows Constanze Stelzenmüller and David Dollar.

 Join the conversation on Twitter using #ChinaEurope

Audio

• China’s overseas investments in Europe and beyond

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• Transcript (.pdf)

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• 20160425_china_overseas_transcript