Ghazaryan, Narine
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HOW EFFECTIVE IS THE EUROPEAN NEIGHBOURHOOD POLICY AS A MECHANISM FOR TRANSPOSING THE EUROPEAN UNION'S DEMOCRATIC VALUES IN THE SOUTH CAUCASUS? Narlne Ghazaryan, LL.M. in European Union Law Thesis submitted to the, University of Nottingham for the degree of Doctor of Philosophy April 2010 ABSTRACT How effective is the European Neighbourhood Policy as a mechanism for transposing the European Union's democratic values in the South Caucasus? The central focus of the research conducted is the European Neighbourhood Policy aimed at developing the relations of the European Union with its neighbours in the East and South. The European Neighbourhood Policy has an extensive nature: it covers a wide-stretching geopolitical area including sixteen countries. The policy is also extensive in tenns of its all-encompassing substance: it envisages cooperation between the parties on issues ranging from trade to border control. The research question contextualises the policy in geographical and substantive tenns. The region of the South Caucasus was chosen to limit the research question to certain geographical framework. This is motivated by the complexities inherent in this geographical area. The nominal region of South Caucasus comprises Georgia, Annenia and Azerbaijan. The peculiarities of these states derive from complexities inherent within these states, complexities between the states, as well as between various geopolitical actors whose interests come across here. In substantive tenns the research question is limited to the framework of promoting the European Union's democratic values. The main questions addressed in this relation are: what the Union's democratic values are and whether the policy in question offers sufficient mechanisms for their transposition to the South Caucasian countries. For this purposes the instruments and methodologies of the policy have been analysed. The democratic values of the Union have also been considered. Within this narrative, a comparative analysis of the process of the ENP implementation in three states has been undertaken to evaluate its effectiveness in promoting the democratic values of the European Union. The research is finalised with a summary of findings. ii ACKNOWLEDGEMENTS There are many people without whom undertaking this research would have been impossible. It is my supervisor, Professor Jeffrey Kenner, I should mention first. I have been extremely fortunate to have his constant guidance. His knowledge and insight into legal thought were invaluable assets for me. He taught me how to research, how to progress, how to structure my thinking and how to keep improving. His constructive criticism has been always a motivating factor for me. In fact, I was looking forward to our supervision meetings as the highlights of my research. Apart from being an incredible mentor, Professor Kenner is one of the kindest people I have met while being in the University of Nottingham. I cannot thank him enough for his incredible patience with me and, in particular, with correcting my English. Thank you for all this. I would like to express my gratitude to the School of Law of Nottingham University for giving me an opportunity to undertake research in this institution. It has been a great honour to be funded by the School of Law and to become a part of it. I thank the members of Academic and Administrative staff for their support and ever-present readiness to help. I know that throughout my time in Nottingham my family's constant thoughts were with me. I am very grateful to my parents for all the opportunities they created for me despite enormous obstacles they faced. It is my parents and my grandparents who passed me their passion for learning. I am very grateful to them. I also want to thank everyone whose assistance was of great importance for obtaining necessary infonnation for undertaking this research. I thank the European Commission officials, whose willingness to share their knowledge and expertise has been of utmost significance for major parts of my research. I would like to express my appreciation to the representative of Georgian Government, and the Chairman of the Parliament's Committee on European Integration, Mr. DarchiashviIi, and Mr. Chkhikvadse, the representative of Eurasia Partnership Foundation, for agreeing to talk to me and pour some light on the process of ENP implementation in Georgia. The interviews in Georgia would have been impossible without my dear friend Nika Devdariani. His efforts and persistence were invaluable for organising the interviews. I am very grateful to the interviewees in Armenia. Mr. Simonyan in Ministry of Economy was most kind to find time to speak to me and assist subsequently with my enquiries. Mr. Bekaryan and Mr. Kirakosyan were particularly helpful in drawing another side of the story, as representatives of the civil society. And, again I have to thank my dear friends Yeghishe Kirakosyan and Anna Hakobyan for helping me to iii establish contacts. I thank Richard Hyde for making it possible for me to remember the infonnation obtained during interviews. His digital recorder was of enonnous assistance. One of the great assets I have is my friends. They made my life in Nottingham interesting, motivating and bright. I want to thank Natalia Dovlatova for her presence in my life and for being such a great person. Karima Righetti, Ioannis Kalpouzos, Artur Margaryan, Nora Hakobyan, Gohar Gouchtchian and all my other friends have been incredibly supportive, for which I am very grateful. I would like to thank Haniel and Martin Riviere-Allen for their parental care and attention to me since the day I met them. I have to express my gratitude to Olga Pleshkova, in particular for the time she spent with me on long discussions on legal methodology. I express my huge gratitude to my friends for proofreading my thesis and for advice they gave me. I cannot thank Gerry Clare, Ioannis Kalpouzos, Isobel Roele, Martin Riviere-Allen, Natalia Dovlatova, Miriam Magala, Artur Margaryan, Olga Pleshkova enough for their time and effort. Thank you very much. IV TABLE OF CONTENTS ABSTRACT ............................................................................................................................................ 11 ACKNOWLEDGEMENTS ....................................................................................................................... 111 TABLE OF CONTENTS ............................................................................................................................V ABBREViATIONS ................................................................................................................................ VIII CHAPTER I ......................................................................................................................................... 1 How EFFECTIVE IS THE EUROPEAN NEIGHBOURHOOD POLICY AS A MECHANISM FOR TRANSPOSING THE EUROPEAN UNION'S DEMOCRATIC VALUES IN THE SoUTH CAUCASUS? ............................................................................. 2 INTRODUCTION ....................................................................................................................................... 2 1. Research question ...................................................................................................................... 2 2. Methodology ............................................................................................................................ 11 2.1. International Relations theory and the conceptualisation of the EU ............................................... 12 2.2. Review of primary and secondary sources ....................................................................................... 17 2.3. Comparative perspective ................................................................................................................. 18 2.4. Interviews ......................................................................................................................................... 19 3. Structure of the thesis .............................................................................................................. 23 CHAPTER II ...................................................................................................................................... 25 SOUTH CAUCASUS AND THE EU BEFORE THE ENP ........................................................................................ 26 1. Introduction ............................................................................................................................. 26 2. The South Caucasus and its democracy ................................................................................... 29 2.1. General description of the countries ............................................................................................... 31 2.2. Nationalism and conflicts ................................................................................................................. 33 2.3. Democratic reality of the South Caucasus ....................................................................................... 40 3. South Caucasus and the fU: Phase I ........................................................................................ 48 3.1. The PCAs with Georgia. Armenia and Azerbaijan ............................................................................. 51 3.2. Democracy promotion within Phase I .............................................................................................