Global Europe – Basel Papers on Europe in a Global Perspective

Editorial

Corey Ross, Paul Blickle — Wed, 19 Nov 2025 00:00:00 +0000

In this issue of the Basel Papers, we are happy to showcase the research of three of the Institute’s recent graduates, which they conducted as part of their dissertation theses. Although they investigate distinct phenomena, these works share an interdisciplinary approach as they bring together knowledge and methods from jurisprudence, philosophy, and political science.

Environmental Damage Caused by Frozen Vessels under EU Sanctions

Fabia Betschart — Wed, 19 Nov 2025 00:00:00 +0000

Since the Russian-Ukrainian war began in February 2022, EU Member States have seized and immobilized numerous yachts linked to sanctioned Russian individuals. A key concern arising from these seizures is the environmental risk posed by abandoned or poorly maintained vessels, as neither their sanctioned owners nor the seizing states may assume responsibility for their upkeep. This paper focuses on whether and to what extent existing EU environmental law offers legal grounds for dealing with environmental harm caused by frozen vessels. It further examines whether the current legal framework aligns with core EU environmental policy principles such as the polluter-pays, preventive, and precautionary principles. Methodologically, it is grounded in a descriptive legal analysis of current EU environmental law and is complemented by a qualitative examination of three core EU environmental policy principles. The findings reveal significant legal ambiguities and enforcement challenges that hinder effective environmental protection in this context. Ultimately, the study contributes to the broader discourse on legal liability regarding environmental damage in the light of EU sanctions offering insights for both scholars and policymakers seeking to navigate the complex legal-political landscape of environmental protection.

Bridging Meaning across Disciplines

Niamh O'Neill — Wed, 19 Nov 2025 00:00:00 +0000

This research investigates how the disciplines of social science and law construct meaning in fundamentally different ways, and how these divergent disciplinary approaches shape the categorisation of actors in international armed conflicts. It juxtaposes social constructionism, which emphasises the fluidity, contextuality and performativity of categorisation, with the interpretive methodology codified in the Vienna Convention on the Law of Treaties, which seeks determinacy, stability and objectivity. Focusing on asymmetric conflicts such as anti-colonial struggles, the research explores how political discourse constructs labels like ‘terrorist’ or ‘freedom fighter’ to reinforce dominant narratives, while international humanitarian law imposes strict binary categories such as ‘combatant’ and ‘civilian’. The approaches are placed in dialogue to reveal tensions, overlaps and the potential for mutual enrichment. Ultimately, the article draws attention to the implicit, often obscured effects of categorisation and advocates for a more reflexive, interdisciplinary engagement with processes of meaning-making.

Rechtliche Grauzone, ethische Pflicht

Giulia Schneitter — Wed, 19 Nov 2025 00:00:00 +0000

In recent years, the European Border and Coast Guard Agency (Frontex) has faced sustained scrutiny for its alleged involvement in pushbacks at the European Union’s external borders. Switzerland, while legally obliged to participate in Frontex operations, is also bound by the non-refoulement principle, a cornerstone of international human rights law that pushbacks contravene. This article investigates Switzerland’s legal and ethical responsibilities in this context. The analysis applies the doctrine of state responsibility to assess Switzerland’s legal liability and employs the framework of collective responsibility to evaluate its ethical accountability. Juxtaposing these perspectives reveals a significant disparity between Switzerland’s legal obligations and its ethical commitments. The article concludes by suggesting measures to close this responsibility gap, such as withholding funds or personnel until Frontex implements effective measures to prevent pushbacks, actively promoting human rights within the agency, and using diplomatic channels to ensure respect for human rights. These steps would help reconcile Switzerland’s self-image regarding its humanitarian tradition and commitment to human rights with its involvement in Frontex.