## JUDITH KAST-AIGNER

# **A Corpus-Based Analysis of the Terminology of the European Union's Development Cooperation Policy**

with the African, Caribbean and Pacific Group of States

## F O R S C H U N G S E R G E B N I S S E D E R WIRTSCHAFTSUNIVERSITÄT WIEN

## JUDITH KAST-AIGNER

## **A Corpus-Based Analysis of the Terminology of the European Union's Development Cooperation Policy**

The objective of this study is to provide an account of the terminology the European Union has created and used with regard to its development cooperation policy since the Treaty of Rome was signed in 1957. For this purpose, a terminological analysis has been conducted, based on a corpus of texts produced by the EU in this domain. A corpus-based approach to terminology has been chosen as it opens up the possibility to gather both conceptual and linguistic as well as usage information about the terminological units. Moreover, it allows the study of terms in the context of communicative situations and enables the analysis of concordances that can be used to reveal possible ideological aspects of the terminology involved. The book not only provides a detailed and comprehensive report on the status quo of the EU's terminology in this field. It also reflects the evolution of its terminology since the establishment of a common European development cooperation policy and thus against the background of an ever-changing socio-economic and political situation. The findings are meant to contribute to a better knowledge and understanding of European development cooperation policy as well as to help improve communication between professionals in European and national bodies.

Judith Kast-Aigner graduated from the Vienna University of Economics and Business in 2000 and at first joined the corporate world, working in banks in London and Vienna. In 2005, she decided to start her doctoral studies, which she completed in 2009. The author has been a member of the Institute for English Business Communication at the Vienna University of Economics and Business since October 2005. Her research focus is terminological research.

A Corpus-Based Analysis of the Terminology of the European Union's Development Cooperation Policy

#### **Forschungsergebnisse der Wirtschaftsuniversitat Wien**

AND IUSINESS

Band 42 

# **A Corpus-Based Analysis of the Terminology of the European Union's Development Cooperation Policy**

with the African, Caribbean and Pacific Group of States

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*To my grandparents* 

## Table of Contents

## List of Tables List of Abbreviations and Acronyms Abstract



**Appendix** 

## **List of Tables**





## **List of abbreviations and acronyms**



## **Abstract**

The objective of this study is to provide an account of the terminology the European Union (EU) has created and used with regard to its development cooperation policy since the Treaty of Rome was signed in 1957. For this purpose, a terminological analysis has been conducted, based on a corpus of texts produced by the EU in this domain. A corpus-based approach to terminology has been chosen as it opens up the possibility to gather both conceptual and linguistic as well as usage information about the terminological units. Moreover, it allows the study of terms in the context of communicative situations and enables the analysis of concordances that can be used to reveal possible ideological aspects of the terminology involved. The book not only provides a detailed and comprehensive report on the status quo of the EU's terminology in this field. It also reflects the evolution of its terminology since the establishment of a common European development cooperation policy and thus against the background of an ever-changing socio-economic and political situation. The findings are meant to contribute to a better knowledge and understanding of European development cooperation policy as well as to help improve communication between professionals in European and national bodies.

## **1. Aim and scope of the study**

The aim of this study is to produce a full report on the terminology of the European Union's1 development cooperation policy2• It is intended to provide the *status quo* of the EU's terminology in this field as well as to reflect the evolution of its terminology since the establishment of a common European development cooperation policy.

In order to be understood and accurately used, terms have to be seen and explained in context. Consequently, the object of study can only be the language used by the European Union in the domain in question. This special language is made accessible via texts written by the EU institutions for and about its development cooperation policy. Therefore, a corpus of EU texts that can be drawn upon to identify, describe and present the key concepts and terms constituting European development cooperation policy has been created.

The interdisciplinarity of terminology work is an essential aspect of this research. As terminology studies "the specialized words occurring in natural language which belong to specific domains of usage" (Cabre 1999: 32), it has to involve both terminological knowledge as well as subject field expertise. This interdisciplinarity is reflected in my research: On the one hand, the thesis deals with the field of terminology, a part of applied linguistics, as it provides the theoretical foundation of the study. On the other, it is concerned with the EU's development cooperation policy as its particular domain or, more precisely, with the concepts representing this domain. A thorough description and understanding of these concepts are the preconditions for a meaningful analysis of the terms used in this domain.

The term *European Union* (EU, Union) is used throughout the book although it did not exist prior to the Treaty of Maastricht, signed in 1992. The term *European Economic Community* (EEC), referring to the predecessor of the European Union, is only used when the historical dimension of the Community is relevant, as is the case in the corpus analysis of the Treaty of Rome, the Yaounde and Lome Conventions. The term *European Community* (EC) is used when specifically emphasizing the role of the first pillar of the EU.

<sup>2</sup> Most scholars use the term *development policy* to refer to the strategies and initiatives of the North towards developing countries. This is, at best, an abbreviation, if not a misnomer, as the North cooperates with developing countries in order to contribute to the latter"s development. Therefore, the correct term is *development cooperation policy.* 

It is essential to understand the role of the terminologist in this study. Unlike research of economists and other experts in European studies who may be interested in economic, legal and political aspects of European development cooperation policy, this study deals with the EU's development cooperation policy from a terminological point of view. Clearly, therefore, it cannot aim at anything more than terminological insights and findings.

This thesis is structured as follows. First, the rationale for the research is explained and the research questions to be dealt with in the study are posed (Section 2). Second, relevant literature in terminology is reviewed in order to provide insight into the theoretical framework of the study along with the basic ideas and issues in terminology (Section 3). Third, the methodology adopted in the study, i.e. a corpus-based approach to terminology, is described in detail and the rationale for using corpora in terminology work is explained (Section 4). Fourth, the EU's development cooperation policy with the African, Caribbean and Pacific (ACP) group of states is described in detail and the relevant terminology is analysed on the basis of such corpora (Section 5). Finally, the key findings of the corpus-based analysis are summarised and discussed (Section 6).

## **2. Research rationale and research questions**

Starting with a brief account of the European Union's language regime, I will describe the phenomenon of Eurolect and the EU's efforts to provide terminological resources. I would argue, however, that the latter are not sufficient to meet the needs of their users.

Contrary to the EU's official language policy with its current 23 official and working languages, which enjoy equal rights, English and French have established themselves as the Union's principal languages (Truchot 2003: 101). Consequently, as Caliendo (2004: 160) points out, Community legislation is not co-drafted in all the official and working languages but translated, with the first draft acting as the source text for translations into all the other languages. Unsurprisingly, preparatory work for legislation and drafting are mainly carried out in one of the so-called *de facto drafting languages* (Phillipson 2003: 120), i.e. English or French or, to a lesser extent, German. Nevertheless, all versions including the draft are considered original and are equally authoritative (Caliendo 2004: 160).

Drafting is often done by non-native speakers, which unavoidably has a negative impact on the quality of the documents (Caliendo 2004: 161). In this regard, Reichling notes:

'These are therefore false originals, written in a translated language, containing suspect terminology. Or they are written by a native speaker who knows nothing of the subject: all our Parliaments discuss subjects with which its members are scarcely familiar, our newspapers, even in their scientific and technical colums [sic!] are noted for their incorrect use of terms[ ... ) There is therefore a growing hiatus between what a terminology should be - and what it sometimes is"" (Reichling 1998: 2143).

This illustrates that the dominance of English and French is not only a highly political issue but also has far-reaching implications. In addition to the incorrect or inadequate use of terminology, it has brought about linguistic phenomena such as franglais or frenglish, a mixture of the two tongues, as well as "a lingo of terms, titles, references and abbreviations" that is comprehensible only to EU officials, yet shared by all members of the bureaucracy irrespective of their nationality and mother tongue (de Swaan 2001: 173).

Critics, in particular Eurosceptics, have often referred to this lingo - the EU's specific vocabulary - as *Eurospeak.* Scruton, a conservative British philosopher, defined Eurospeak as "the official language of the European Union" and compared it to Marxist Newspeak, accusing the EU of using a language that "protects the privileges of the Eurocrats as effectively as Newspeak protected the power of Communists" ("Enter Newspeak": 41). In the conservative *European Journal,* former World Bank advisor Marsden warned EU citizens of being misled by EU jargon and contrasts "the ordinary meaning of words with the EC's [European Commission's] stated or apparent objectives" (Marsden 2000: 5). Peter Hain, British Minister of State for Europe at the time, called for "plain language, not virtually unintelligible Eurobabble understood only by a European elite" ("Europe must modernise": 4).

Criticism has also been expressed by linguists. For example, Tosi complains that the language of the EU institutions is continuously transformed into Eurospeak, which is not only disliked but hardly understood by most Europeans. He blames lexical vagueness and weak logical connections for making it sound abstract and awkward (Tosi 2005: 385). Pym criticises the syntactic complexity and distinctive terminology which he claims to be typical of EU documents (2000: 3). Features such as long convoluted sentences, connected subordinate clauses, the excessive use of nominalisations and jargon make it exceedingly difficult to get messages through to European citizens and therefore add to the public indifference to EU affairs (Pym 2000: 3- 4).

On a more positive note, Caliendo uses the relatively neutral term *Eurolanguage* to refer to the language of European legislation, which she describes as a "functional vehicle for supranational communication" between the Member States and a "lingua franca for specialists in the same field" (2004: 163). She considers it a language for special purposes (LSP) that is used by experts in order to discuss technical issues and that has its own lexicon resulting from the need to constantly coin new words for new concepts in EU politics (Caliendo 2004: 163). Caliendo follows Coffin (1994 and 1998), who refers to the language used in Community texts as *Eurolect,* which is "no different in origin, semantic organization or morpho-syntagmatic characteristics from any other specialized dialect" (1994: 636). Eurolect exists and functions as a subsystem within the natural languages (1998: 2136), just as the creation of Eurolexemes is only natural, considering the need to describe and manage the mass of new concepts whose creation has been and will be necessary for the building of Europe (1994: 636).

The necessity of appropriate multilingual terminology in the EU has existed from the outset, with its own in-house terminology service being established as early as in 1958. It was organised and developed within the Judith Kast-Aigner - 978-3-631-75372-9

Commission's Translation Service as terminological work was mainly needed to support translation (Reichling 1998: 2138). According to Goffin (1998: 2125), the work of the EU's terminographers evolved from the creation of modest bilingual collections of terminology to the production of extensive, illustrated multilingual dictionaries. While in many cases these products are collectively referred to as *vocabularies, phraseological dictionaries* or *glossaries,* Goffin prefers the term *terminographical work* to account for the fact that they represent translation-oriented, multilingual collections of critically compiled and documented terminologies designed for translators (Goffin 1998: 2125-2126; own translation3).

EURODICAUTOM, the European Commission's multilingual term bank designed at the beginning of the 1970s, used to be the backbone of EU-specific terminology (Reichling 1998: 2139). At the end of the 1990s, it was decided to combine it with several other databases, the most important ones being the Council's TIS (Terminological Information System) and the Parliament's EUTERPE (Exploitation Unifiee de la Terminologie au Parlement Europeen), to form IATE4, which has been used by the EU institutions and agencies since summer 2004 (European Commission Website 2006). IATE is meant to provide a web-based infrastructure for all of the EU's terminology resources, integrating the terminological databases of the various institutions into a single one (European Communities Website 2007).

Despite this effort to create a single reference point for EU terminology, numerous other terminology resources still remain on EU websites, which can be classified into the following groups:

• Some Directorates General and agencies offer their own domain-specific glossaries, which not only differ in terms of structure, layout and contents but also show considerable discrepancies as to the number of terms offered as well as the level of detail and quality of the information given for each term.

<sup>3 &</sup>quot;fiir Ubersetzer bestimmte, iibersetzungsorientierte, mehrsprachige Sammlungen von kritisch erarbeiteten, dokumentierten Terminologien. Unsererseits mochten wir zur Bezeichnung dieser Werke den Oberbegriff "Terminographische Arbeit" vorschlagen (Coffin 1998: 2125-2126).

<sup>4</sup> At the project stage, !ATE was said to stand for Inter-Agency Terminology Exchange. It is now, however, advertised as Inter-Active Terminology for Europe (URL: http://iate.europa.eu/iatediff). Judith Kast-Aigner - 978-3-631-75372-9


With regard to European development cooperation policy, the existing resources are clearly of limited relevance and usefulness. Not only is the above-mentioned manual the only publication in this domain that comes close to what may be considered a terminology resource, but a careful examination of the manual also reveals a number of deficiencies which can be seen as typical of conventional terminologies. As a matter of fact, there has not been any work in this field to date that provides more than just a superficial compilation of terms.

<sup>5</sup> EUROPA Glossary website: http://europa.eu/scadplus/glossary/index\_en.htm Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

There is therefore a great need for a thorough study of EU terminology in the field of development cooperation policy that tries to remedy the difficulties and defects of existing resources following the principles of terminological work suggested by academic research. This study aims to provide a comprehensive and systematic overview of the specialist lexicon of this domain and strives to answer the following research questions:


It follows that the synchronic perspective providing a record of current terminology is complemented by an analysis of the terminologies of earlier eras of European development cooperation policy. According to Sager, a diachronic view enables the study of language development as it allows for revealing changes in the meaning of lexical items. In addition, it facilitates the identification of conceptual changes which may have been difficult to recognise otherwise (Sager 1990: 132). The need for a diachronic perspective is particularly evident considering the plurality of approaches the EU has followed in development cooperation policy since 1957, which is likely to have found its way into language.

## **3. Terminology**

## *3.1. Definition of key terms*

According to Sager (1990: 3), the expression *terminology* has three different meanings. Firstly, it may refer to the theory that deals with the underlying principles and questions concerning the relationships between concepts and terms. It serves as the theoretical basis on which (terminological) activities are carried out (1990: 3). Section 3.2. deals with terminology in this sense.

Secondly, it may be used to refer to the field of activity that is concerned with the collection, description, processing and presentation of terms including the practices and methods used to this end (1990: 2-3). The terms *practical terminology* (Rey 1995: 135), *terminological practice* (Cabre 1999: 115), *terminography* and *terminological work* (Meyer and Mackintosh 1996: 259) are often used synonymously. Section 4, which sets out the methodological framework of this study, is mainly concerned with terminology in this sense. As scholars prefer *terminography* to *terminology* when referring to the practical task of producing dictionaries of terms (Meyer and Mackintosh 1996: 259; Meyer 2001: 279; Temmerman 2000: 230; Cabre 1999: 115), the expression *terminography* is predominantly used in this context, with the person who builds terminological dictionaries being referred to as *terminographer* (Meyer and Mackintosh 1996: 259). In fact, *terminology* is hardly ever used to describe the practice of describing terminological data.

Thirdly, *terminology* is also used to refer to the vocabulary of a particular subject field (Sager 1990: 3). The terminology of the European Union's development cooperation policy as the object of this research represents the term in its third meaning.

## 3.2. *Development of the field*

The study of terminology has a very long tradition, as the question of meaning and the problem of definition have been present in discussions of philosophers and logicians since ancient times (Pozzi 2001: 272). In the 18th and 19th centuries, scientists were the driving forces in terminology, with the naming of concepts in botany, chemistry and zoology being of particular importance. In the 20th century, engineers and technicians became involved since technological progress created the need for naming new concepts and agreeing on the use of terms (Cabre 1999: 1). It was only then that principles and a methodology began to be developed, giving terminology its scientific orientation (Rey 1995: 49).

The Austrian engineer Eugen Wiister is considered the founder of modem terminology, emerging in the 1930s and leading to the development of the three classical schools of terminology: the Austrian (or Vienna) School, of which Wiister is the main representative, the Soviet School and the Prague School (Cabre 1999: 7). From these three centres of traditional terminology, interest in terminology spread to a number of regions, each of which has its own socio-political research environment and consequently research orientations (Cabre 1999: 12). The approach of the Nordic countries (Belgium and Scandinavia}, with Lauren, Myking and Picht as their main representatives, is oriented towards the Vienna School (Pilke and Toft 2006: 36), whereas the priorities and theories of terminology research in Canada as well as in Romance language countries differ quite substantially from the ideas of Wiister and his disciples. The latter also holds true for the leading researchers in terminology of recent years: Juan C. Sager, M. Teresa Cabre and Rita Temmerman.

#### *3.2.1. Traditional terminology: the Vienna School of Terminology*

The Vienna School of Terminology is the best known and most elaborate of the three classical schools. Based on the work of Wiister, it has been further developed by Budin, Felber and Galinski.

Wiister regards terminology as an interdisciplinary but independent subject which links to other disciplines, viz. linguistics, ontology, logic, information science and the special subject fields (Felber 2001: 32). His *"General Theory of Terminology"6* is concerned with the nature of concepts, conceptual relations, the relationships between terms and concepts as well as with assigning designations to concepts.

One of the key principles of Wiister's theory is the onomasiological approach. He claims that terminology has to start with the concept, which is considered independent from the term:

<sup>6</sup> Wiister, whose work was initially published in German, uses the term *Allgemeine Terminologielehre.* The English terms employed to describe Wiister's ideas in this book have been taken from two sources, viz. Felber 1984 and Temmerman 2000.

"Jede Terminologiearbeit geht von den Begriffen aus. [ ... ) Das Reich **der** Begriffe wird in der Terminologie als unabhiingig vom Reich der Benennungen (= Termini) angesehen" (Wiister 1991: **1).** 

Whereas lexicographers follow a semasiological approach, starting with the word and looking for its meaning, the onomasiological approach requires terminologists to start with the concept, which represents the meaning, and look for its name. Thus, the difference between semasiology and onomasiology is in the perspective from which the relationship between a word and its meaning is examined (Cabre 1999: 7-8; Sager 1990: 56; Temmerman 2000: 4-5).

In traditional terminology the concept represents a *"unit of thought"<sup>7</sup>* (Wiister 1991: 8). It is a mental representation of an individual object and consists of a number of characteristics which serve to describe a certain quality of the object (Felber 1984: 115 and 117). Therefore, the concept corresponds to the *"content of a term"8* (Wiister 1991: 8) or the *"meaning of a term"* (Felber 1984: 103). The idea of traditional terminology is to look at concepts as elements of *"concept systems"9* in which the place of the individual concept depends on its relationship with other concepts (Temmerman 2000: 7).

The *"terminological definition"10* refers to the description of a concept by means of known concepts (Wiister 1991: 33). With the concept being part of a concept system, its definition aims at a clear delineation of concepts within the same concept system. Wiister states:

"Die Definitionen aller Begriffe eines Begriffssystems miissen so aufeinander abgestimmt werden, da8 die Begriffe klar voneinander abgegrenzt werden" (Wiister 1991: 33).

Wiister and later Felber distinguish between the *"intensional"* and the *"extensional"* definition<sup>11</sup> • The former consists of "a specification of the characteristics of the concept to be defined" (Felber 1984: 160), whereas the latter is an "enumeration of all species, [sic!] which are at the same level of

<sup>7</sup> *Denkeinheit* 

<sup>8</sup> *Begriffsinhalt* 

<sup>9</sup> *Begriffssysteme* (Wiister 1991: 9)

<sup>10</sup> *Begriffsbestimmung* 

abstraction, or of all individual objects belonging to the concept defined" (1984: 163).

Another key element of traditional terminology is the *"designation"12,* i.e. a term which may be a word or a word group consisting of one or more morphemes (Wiister 1991: 36), permanently assigned to a concept, with the principle of univocity13 being of utmost importance. Univocity combines monosymy, which means that one concept has only one designation, and mononymy, which indicates that one term refers to only one concept. Thus, synonymy and polysemy are eliminated (Temmerman 2000: 10).

The permanent assignment of a concept to a term is either given by linguistic usage or carried out through a deliberate decision of individuals or specialists of terminology commissions (Felber 1984: 182). The latter is evidence of the importance of active language creation and shaping in traditional terminology, with the standardisation of terms14 as its main objective (Temmerman 2000: 10-11).

The prescriptive and normative character of Wiister's work is reflected in his quest for the harmonisation of terminology principles which led to the establishment of international organisations in the field of terminology, most importantly the Technical Committee 37 'Terminology' of the International Organisation for Standardisation (ISO) and lnfoterm (Wiister 2004: 298; Budin 2006: 98).

#### **3.2.2. The** *Canadian approach to terminology*

Bilingual Canada has always been in a unique situation as regards terminology (L'Homme 2006: 56). Two governmental organisations conduct terminological work but they do so for different reasons and with different applications in mind. The overall focus of the federal government of Canada is translation, with a separate administrative agency, the Translation Bureau, responsible for the translation of all official texts from French to English and vice versa as well as for all questions related to specialised terminology (Cabre

<sup>12</sup> *Benennung* 

<sup>13</sup> Wiister uses the term *eineindeutig* to describe the idea of univocity: "d.h., da8 grundsatzlich jedem Begriff nur eine einzige Benennung zugeordnet ist, und umgekehrt . ... Es sollte also weder mehrdeutige Bennungen (Homonyme and Polyseme), noch Mehrfachbenennungen fiir einen Begriff (Synonyme) geben" (Wiister 1991: 87).

1999: 22). The federal government of Quebec has authorised the Office de la Langue Fran~aise to promote the French language, with terminology services being part of a broader language planning policy (Cabre 1999: 16 and 22).

According to L'Homme (2006: 55), Canadian terminology work at both the governmental and the academic level was initially influenced by the Vienna School but, driven by its specific needs and research priorities, soon developed several idiosyncratic features. Since the 1990s, terminology research has moved towards a conceptual corpus-based approach, with corpora and their application in terminology as one of the main research issues, especially in the work of the group around Ingrid Meyer at the University of Ottawa (L'Homme 2006: 62).

#### 3.2.3. *Recent developments in terminology*

The use of texts and corpora has also been of great importance in terminology research in France and Spain, where researchers have taken a rather critical stance towards the prescriptive Wiisterian approach, creating a trend which is called *socioterminology* (Temmerman 2000: 31). Its representatives focus on the study of parole, i.e. real language use, acknowledging diversity in language and the variety of cultural and social settings (Costa 2006: 82 and 87).

An overview of activities in the field of terminology would not be complete without mentioning the names of three outstanding researchers who have contributed to the shaping of terminology theory and thus the further development of the discipline. Juan C. Sager, M. Teresa Cabre and Rita Temmerman may be regarded as the most influential researchers in terminology of recent years and simultaneously represent the most severe critics of the traditional school.

Sager denies the field of terminology the status of an independent discipline, claiming that

"there is no substantial body of literature which could support the proclamation of terminology as a separate discipline and there is not likely to be. Everything of import that can be said about terminology is more appropriately said in the context of linguistics or information science or computational linguistics" (Sager 1990: 1 ).

He views terminology as a number of practices around the creation, collection and explication of terms (Sager 1990: 1). Although Sager acknowledges the different approaches of lexicographers and terminologists, the former using the semasiological, the latter following an onomasiological approach, he realises that practical terminology work is often similar to lexicography.

"In reality the onomasiological approach only characterises the scientist who has to find a name for a new concept[ ... ] the terminologist, like the lexicographer, usually has an existing body of terms to start with. Only rarely is a terminologist involved in the process of naming an original concept" (Sager 1990: 56 ).

Sager argues for a corpus-based approach to lexical data collection, with terms being studied in the context of communicative situations. He accepts the existence of synonyms since "one concept can have as many linguistic representations as there are distinct communicative situations" (1990: 58) and also allows for homonymy, which means that a term has more than one meaning (1990: 59).

Sager considers the traditional approach to definition too strict a pattern to follow in practice (1990: 42). Instead, he sees definitions as part of the semantic specification of a term, which includes context and usage information (1990: 44). As a definition may be used by non-specialists in order to gain an understanding of a term, it is necessary to describe the term in a generally comprehensible way and to include encyclopaedic information (1990: 49).

Cabre regards Wi.ister's *"General Theory of Terminology"* as an "idealised theory of terms" (Cabre 1995: 14) which fails to take the real use of terms into account, with terminological data appearing in their natural environment in discourse and characterised by different registers, ambiguity and lack of regularity (Cabre 2003: 178). She recommends accepting the role of diversity in terminology in order to cope with the complexity and dynamics of reality, arguing that "terminology was born from diversity and owes much of its expansion to the diversity of its approaches, applications, functions, and training" (1995: 1).

Cabre's own contribution to a theory that may come up to the complexity of terms is called the *Theory of Doors* (Cabre 2003: 186). According to Cabre, the elements of terminology are the terminological units, which represent units of knowledge, units of language and units of communication. The description of a terminological unit must address these three dimensions and therefore contain a cognitive (the concept), linguistic (the term) and sociocommunicative (the situation) aspect (2003: 183). The three dimensions represent the three doors that can be used to get direct access to the object at the centre of terminology, the terminological unit. This is most accurately explained by Cabre:

"The conceptual strand of a unit ( ... ) may be the door to the description and explanation of terminological units, without thereby rejecting their multidimensionality. Equally, its linguistic strand is another door to description. [ ... ) Even though we analyse them as linguistic units, they do not lose their cognitive and social nature. Finally, if we approach terminology via the door of communication we are faced with different communicative situations in which linguistic units share the expressive space with those of other systems of communication" (Cabre 2003: 187).

In her book *Towards New Ways of Terminology Description* (2000), Rita Temmerman, the leading researcher in what is now being called *sociocognitive terminology,* questions several basic ideas of traditional terminology. In general, she criticises the traditional school's objective of standardisation, observing that "vocabulary, which is part of language, is treated as if it could be standardised in the same way as types of paint and varnish or parts of aircraft and space vehicles" (2000: 12). Moreover, she considers several aspects of traditional terminology to be subject to wishful thinking. First, since many concepts are in fact anything but clear-cut, she doubts the possibility of clearly delineating concepts on the basis of a comparison of their characteristics (2000: 7). Furthermore, giving an intensional definition, which represents the preferred type of definition in traditional terminology, is simply not possible or sensible for many concepts (2007: 10). Temmerrnan also opposes the idea of univocity of terms as she has found evidence that "polysemy and synonymy are necessary (functional) and inevitable aspects of terminology" (2000: 14).

Sociocognitive terminology replaces the traditional concept approach with a category approach (Temmerman 2000: 65) and, in contrast to traditional terminology, does not start with concepts but with units of understanding most of which have a prototype structure and are therefore better referred to as *categories* (2000: 224). Instead of definitions which give the essential characteristics of concepts, units of understanding require definitions consisting of different modules of information that may carry more or less essential information depending on the type of unit of understanding (2000: 226). The univocity ideal in traditional terminology gives way to the view that polysemy and synonymy can be utilised to develop understanding and therefore have a functional purpose (2000: 133 and 228).

## 4. Corpus-based tenninography

## *4.1. Using electronic text corpora in terminology work*

As described in Section 3, traditional terminology argues for an onomasiological approach to gathering terminological data. Not only have objections to this method been raised, but Temmerman also claims that

"even though - in practice - terminographers have always started from *understanding*  as they had to rely on textual material for their terminological analysis, one of the principles of traditional Terminology required them to (artificially) pretend that they were starting from concepts" (Temmerman 2000: 230; original emphasis).

In any case, terminographers have always had to compile extensive collections of texts, e.g. books, papers and other types of evidence for the language used, in order to acquire knowledge about the subject domain, to familiarise themselves with the conceptual system as well as to identify and extract the key terms (Cabre 1999: 117). While this approach is still being followed, especially in the initial stages of a terminology project, terminographers are increasingly taking advantage of computers to facilitate, accelerate and improve their work.

Cabre points out that computer science has provided resources and tools that are of use in practically all stages of terminological work (Cabre 1999: 164). As well as enabling terminologists to store terminological data electronically, computers allow the creation of an electronic type of terminological dictionary, which is usually referred to as a *term bank.* Furthermore, terminologists may compile electronic text corpora which they can then explore in order to gather and extract terminological information. The latter approach may be referred to as *corpus-based terminology* and is described in detail by Gamper and Stock, who define it as "a working method which explores a collection of domain-specific language material (corpus) to investigate terminological issues" (Gamper and Stock 1998/1999: 149).

Ahmad and Rogers have identified three main tasks for which electronic text corpora may be used to assist terminologists, namely to capture, validate and elaborate data (Ahmad and Rogers 2001: 740). Accordingly, corpora support the terminologist throughout a terminology project, both in the early stages when the key issues are to identify term candidates (i.e. to capture data) and to provide evidence for and about term candidates (i.e. to validate data), as well as in the core stages when the main tasks are to compile definitions and to select contextual examples (i.e. to elaborate data).

The fact that the use of corpora in terminology work is now generally accepted is partly a result of the increasing availability of electronic texts, enabling the terminologist to access large amounts of language data in order to collect the words and phrases belonging to a particular subject field. Making use of current language data also implies that "the prescriptive view of terminology work has given way to a more descriptive approach" (Maia 2002: n.pag.), an idea also discussed by Teubert, who defines *descriptive terminology*  as "the kind of terminology work which is based upon current language use" (2003: 103). According to Teubert, the focus has shifted from hard terminology, with terms representing static concepts precisely described, to soft terminology without 'binding definitions but contextually constrained attempts at definitions of temporary validity" (Teubert 2003: 104). He argues that the change has been brought about by the methodology of corpus linguistics and emphasises the importance of the internet as a "virtual corpus" (Teubert 2003: 103), which enables terminologists to extract terms from dynamic domain-specific special corpora.

The use of corpora in terminology has also been enhanced by recent developments in terminology.15 According to Sager,

"the increasing tendency to analyse terminology in its communicative, i.e. linguistic context, leads to a number of new theoretical assumptions and also to new methods of compilation and representation" (Sager 1990: 58).

This view is supported by sociocognitive terminology, which, in contrast to traditional terminology, accounts for the communicative aspect of language and therefore argues for the study of terminology in real language, such as texts written by domain specialists (Temmerman 2000: 16-17). Authentic texts provide information on how the world and the lexical items that are used to communicate about the world are understood (Temmerman 2000: 40).

## 4.2. *Advantages of corpus-based terminography*

While machine-readable corpora have been accepted in lexicography and language for general-purpose work for some time, their use and popularity in terminography or language for special-purpose work have been lagging behind. Arguing for their use, Bowker (1996: 30-31) points out three main advantages of corpora in terminology, an approach which she refers to as the *corpus-based approach to terminography* or simply *corpus-based terminography.* 

Firstly, machine-readable corpora enable terminologists to increase both the speed and the scope of their research. Not only can larger quantities of data be processed more rapidly, thereby exposing terminologists to a larger number of conceptual descriptions, but corpora also allow them to leave out the sections of a text that are terminologically irrelevant and to focus on those parts which are of interest from a terminological point of view (Bowker 1996: 31-32). The latter parts may be referred to as *knowledge-rich contexts,* containing "at least one item of domain knowledge that could be useful for conceptual analysis" (Meyer 2001: 281 ).

Secondly, in contrast to conventional term banks, which contain hardly any examples of terms in context, corpora present a variety of contexts and/or more extensive contexts which not only provide valuable supplementary information but also help to understand and use terms more effectively (Bowker 1996: 32-33).

Thirdly, a machine-readable corpus makes it easier to investigate syntactic and semantic information as well as linguistic patterns which are difficult to discover when scanning texts manually. For example, terminographers can look at concordances, also referred to as *key words in context* (KWIC), in order to reveal collocational information that may help to improve the use of terms immensely (Bowker 1996: 32). This aspect is of particular importance as it highlights the fundamental idea of working with corpora, best described in the words of the father of corpus linguistics, John Sinclair: "The ability to examine large text corpora in a systematic manner allows access to a quality of evidence that has not been available before" (Sinclair 1991: 4). This idea is relevant for this study in two respects. As mentioned above, information on collocations shows how terms can be used. In addition, concordances enable the study of the relation between language and ideology. In his analyses of texts and text corpora, Stubbs shows that they can reveal patterns of language that institutions use to build up our linguistic, conceptual and ideological view of the world (Stubbs 1996: 59). According to Hunston (2002: 109), such patterns may convey messages implicitly, with the reader being neither intuitively nor consciously aware of them.

## *4.3. Building tenninological corpora*

Sinclair (2004a: 79) describes corpus building as a process comprising two stages, corpus design and implementation, which for practical reasons cannot be completely separated. While in the design stage corpus builders establish the principles on which the structure of the corpus will be based, the implementation stage requires them to put these principles into practice.

In the corpus design phase, the corpus builder has to determine the criteria on which the texts that form the corpus will be selected. These criteria include, but are not restricted to, the text mode (e.g. spoken or written language), the type of text (e.g. books, journals or reports), the domain of the text, the language (or languages) and the date of the text (Sinclair 2004b: 4).

The implementation stage, also referred to as the stage of *text collection* or *capture,* is concerned with the actual selection of the texts that are to be included in the corpus. The easiest and most common way of collecting corpus texts is the use of data that already exist in electronic format and can be found on websites or in internet archives (Baker 2006: 31). If existing electronic sources are not available, texts can be captured by scanning them or, as a last resort, by keying them in manually (Baker 2006: 34).

The following general design issues have been identified as being relevant for terminological corpora.


Second, as special-language texts usually show less lexical and grammatical variation than general-language texts, patterns of language may be seen more clearly in smaller language samples. Consequently, they believe terminological corpora start to become useful in the tens of thousands of words and consider a corpus size of approximately 100,000 words a "good starting point for corpus-based terminology management in a highly specialized discipline" (2001: 735). While other research is less explicit about corpus size, the idea of special-language corpora requiring significantly fewer words than general-language corpora is generally accepted (Baker 2006: 29; Bergenholtz and Tarp 1995: 95-96; Bowker 1996: 42; Meyer and Mackintosh 1996: 268). This idea is succinctly described by Varantola, who observes that the "my-corpus-is-bigger-than-yours" rhetoric has given way to a "my-corpus-is-smarter-than-yours" rhetoric (2002: 174).


objective of creating a corpus that covers all the aspects of a domain, including subdomains and related domains, as adequately as possible (Meyer and Mackintosh 1996: 270). Bowker (1996: 45) refers to this idea as *conceptual balance.* 


#### *4.4. Analysing corpora*

The analysis of the corpora compiled for the purpose of this study is assisted by concordance software. The WordSmith tool family represents an integrated set of programs for looking at how words are used in texts and consists of three major instruments, viz. WordList, KeyWord and Concord.

According to Hunston (2002: 67), key words are a valuable starting point for analysing specialised corpora. The identification of key words, the words which may be considered key, requires the generation of a word list, which is basically a list of all the distinct words in a corpus showing the number of occurrences of every word with the possibility of sorting them by frequency or in alphabetic order. In a first step, therefore, a word list of the corpus under investigation is created using WordSmith's WordList.

The keyness of a word in a text or collection of texts may be characterised in terms of importance and "aboutness" (Scott 2007: 3-4), in the sense that it indicates that the word is important and shows what the text is about, respectively. Scott and Tribble define "keyness" as "what the text 'boils down to' [ ... ], once we have steamed off the verbiage, the adornment, the blah blah blah" (Scott and Tribble 2006: 56). WordSmith calculates key words by comparing the frequency of each word in the word list of a smaller, more specialised corpus with the frequency of a larger, more general one and lists the key words for the former (Hunston 2002: 68). More precisely, WordSmith's KeyWord function is used to compare the word list with the word list of the British National Corpus (BNC), which is used as a reference corpus. For every word in the corpus under investigation, KeyWord contrasts the patterns of frequency and calculates a keyness score.16 It has been decided to set a maximum of 800 key words as this number is deemed to be sufficient for the analysis. Furthermore, it is advisable to work through the initial list of key words in order to remove noise as well as words which are clearly not relevant from a terminological point of view, viz. grammatical words (e.g. articles, conjunctions, prepositions) and words that are characteristic of legal texts (e.g. *shall, article, paragraph)17•* 

<sup>16</sup> The calculation of the keyness of a word involves computing its frequency in the smaller corpus, the number of words in the small word list, its frequency in the reference corpus and the number of running words in the reference corpus and then cross-tabulating these numbers. WordSmith uses several statistical tests, including the classic chi-square test of significance and Ted Dunning's Log Likelihood test (Scott 2004-2007: 124).

<sup>17</sup> Due to their above-average use in some of the texts, these words may appear key when compared with the words in the reference corpus. They can, however, be excluded from the terminological analysis. Judith Kast-Aigner - 978-3-631-75372-9

This list does not, as one might assume, represent a final list of terms that require terminological definitions or that are suited for inclusion in a terminological dictionary. It can, however, be extremely useful as it offers an overview of the main subjects covered in the texts and also provides the starting point for further analysis, in particular in connection with the calculation of word clusters.

Word clusters may be defined as "words which are found repeatedly together in each others' [sic!] company, in sequence" (Scott 2004-2007: 225). While forming a tighter relationship than collocates, clusters merely represent repeated strings which may or may not tum out to be true multi-word units (Scott 2007: 19). Biber et al., who refer to clusters as *lexical bundles,* describe them as sequences of words that show a statistical tendency to co-occur in a register (2000: 989). WordSmith offers two approaches to the identification of word clusters, using either Concord or WordList. They vary in that Concord only processes concordance lines, whereas WordList processes whole texts (Scott 2004-2007: 225), and their results therefore also differ to some extent. Both approaches require the user to specify the cluster size (between two and eight words) and a minimum frequency, i.e. a minimum number for the cluster to appear in the results. In this analysis18, WordList is used to generate the word clusters, with a cluster size of two to six words and a minimum frequency of five as the key parameters.

As the calculation of clusters only yields sequences of words that tend to co-occur, the results have to be revised. This step includes the elimination of those clusters that are clearly nothing more than repeated strings, and the identification of related clusters which Scott describes as clusters "which overlap to some extent with others" (2004-2007: 89). Related clusters that form part of more comprehensive clusters are removed unless they are considered to have a meaning that is independent from the meaning of the latter and occur in the corpus at least five times. 19 The aim of this procedure is to generate a list of multi-word units which represent term candidates in the sense that they are relevant from a terminological point of view and considered to have a separate meaning.

<sup>18</sup> See Section 5

<sup>19</sup> In cases where word sequences that form part of more than one cluster are included in the results, the frequency counts are distorted as the same word sequence is counted more often than once. Judith Kast-Aigner - 978-3-631-75372-9

Along the lines of Mahlberg (2007: 198-199), who establishes groups in order to categorise concordances, the word clusters can be divided into several categories, each of which characterises a particular theme prevailing in the corpus texts. Despite being a rough approach to analysing clusters, this step facilitates the identification of the main characteristics and themes of the underlying texts and makes it easier to grasp the plurality of terms which include the main key words. Moreover, the establishment of groups enables a focused view of the various word clusters and assists in raising issues and questions that would not have come to mind otherwise. Mahlberg refers to these groups as *functional groups,* admitting that these categories are neither watertight nor absolutely clear-cut (2007: 199). She also points out that the labels introduced for the functional groups represent so-called *ad hoc labels,*  which aim at nothing more than showing the typical characteristics of the group (Mahlberg 2007: 199-200). Unlike Mahlberg, who is interested in the features of discourse rather than the terminology used in texts, in this study only those multi-word units are categorised that can be considered to have a separate meaning and appear - to varying extents - useful from a terminological angle. Thus, the term *functional group* is replaced with the expression *terminological domain.* 

Another key step in the analysis of corpora is the generation of concordance lines, for which the WordSmith concordancer (Concord) will be used. To this end, it is necessary to specify a search word and select a corpus, i.e. the text files in which the program will perform its search. The result is presented in the form of a concordance which displays all the occurrences of the search word in the corpus (Scott 2004-2007: 79). The idea of a concordancer is to see numerous examples of a word or phrase in context. In a concordance the search term is usually displayed in the centre with context to the left and to the right of the key word, therefore revealing collocational information on the words in a corpus (Kennedy 1998: 251). Collocations may be described as the "meaning relations that a word contracts with other words occurring in the same sentence or text" and are concerned with "meaning arising from predictable co-occurrence" (Jackson and Ze Amvela 2007: 131), or, as John Rupert Firth so ingeniously puts it: "You shall know a word by the company it keeps" (Firth 1957: 11, quoted in Stubbs 1996: 35). Collocations may be observed informally but it is sensible to rely on statistical calculations which WordSmith can also provide (Hunston 2002: 68). This supports the theory that a corpus can provide conceptual information, for the context surrounding a term may hold a definition or a description of the key characteristics of the

concept behind the term (Bowker and Pearson 2002: 38). As discussed above, a corpus-based approach to terminology offers several advantages over conventional methods of terminology compilation. In summary, it gives a greater guarantee of thematic completeness and coherence, reveals information about the linguistic behaviour of terms and presents textual variants by showing terms in several contexts (Sager 1990: 132 and 142). Three types of term-specific information can be derived from the corpus: information about the concept, i.e. the definition; information about the term, e.g. grammatical features, collocations; and information about usage, e.g. contexts (Sager 1990: 133). The definition represents the description of a concept specifying the characteristics which convey the meaning of the concept (Sager 1990: 39). Following Temmerman (2000: 73 and 123), what has traditionally been referred to as the *concept* can be seen as a unit of understanding which, in order to be understood, requires a definition made up of information that is essential for understanding. As "what is more essential information for the understanding in one situation or domain [ ... ] is less essential information in other circumstances" (Temmerman 2000: 123), this study adopts a flexible approach to definition, bearing in mind the objective of achieving optimal understanding.

## **5. The European Union's development cooperation policy**

Arts and Dickson describe the EU's development cooperation policy as an "understudied area of European politics, despite its economic and political significance" (2004a: 3). This view is confirmed by Lister, who points out that books dealing with the EU tend to focus on its internal organisation and neglect its development cooperation policy, although the latter represents one of the Union's first common policies (Lister 1997: 22). Indeed, research in this area appears to be less extensive than one would expect in consideration of the fact that development cooperation has been part of the European project since the very beginning.

One of the key contributions is Grilli's *The European Community and the Developing Countries* (1993), which portrays the evolution of European development cooperation policy and describes the approaches adopted by the EU with regard to the various regions of the world. Grilli claims that the EU's development cooperation policy does not have a clear and rational design but rather represents a "set of *ad hoc,* piecemeal responses to unfolding events" (Grilli 1993: 349-350).

Apart from historical reasons, the lack of a consistent overall strategy may partly be caused by the fact that development cooperation represents a shared responsibility between the European Community and its Member States. The EU is not a single provider of development assistance as every single Member State has its own strategy and provides aid according to its own national priorities. The national policies are complemented by the European Community's common development cooperation policy, which is characterised by its own set of principles and priorities. In 2006, in an attempt to achieve greater consistency between the national policies and the common policy, the EU issued the *European Consensus on Development,* a joint statement by the Commission, the Council and the European Parliament, which for the first time set out a common vision to guide the actions of the EU at both the Community and the Member State level (European Commission 2006a: 9).

The EU's development cooperation policy is targeted at six regions of the world: the Western Balkans; Eastern Europe and Central Asia; the Mediterranean region and the Near and Middle East; Asia; Latin America; and the ACP States and overseas countries and territories (OC:Ts) (European Commission 2007: 10 and 42). The latter group of countries represents the Community's oldest relationship in terms of development cooperation, dating back to 1957. Cooperation with the other five regions was taken up gradually over the years, whereas the relationship with some countries of what would later become the ACP Group of States was already incorporated in the Treaty of Rome (Grimm and Woll 2004: 2-3). It was not, however, referred to as *development cooperation policy* until much later, as only the Maastricht Treaty, signed in 1992, made explicit reference to "a policy in the sphere of development cooperation" (European Union 1992: Title **XVII).** 

The administration of development cooperation activities is split among four departments: the Directorate General for Development, sometimes referred to as DG *DEV;* the Directorate General for External Relations, also known as DG *RELEX;* the EuropeAid Cooperation Office, mainly referred to as *EuropeAid;* and the Directorate General for Humanitarian Aid, better known as *ECHO* (OECD 2007: 12). The special status of the ACP States and OCTs within the Community's development cooperation policy is reflected in the EU's administrative set-up in development cooperation matters. While DG Development's mandate covers policy formulation for the developing countries in all six regions, it only oversees the programming of aid in the ACP States and the OCTs. By contrast, programming of aid in the remaining five regions is under the responsibility of DG RELEX (European Commission Website 2007a). Established in 2001, EuropeAid represents another department that is involved in development cooperation policy. In fact, it has responsibility for aid delivery, i.e. the implementation of all EU aid programmes, including projects in the ACP States and OCTs (European Commission Website 2008a; Knapp 2008: 133-134). Finally, the provision of emergency assistance and relief is managed by a separate office, viz. ECHO, which was set up in 1992 (European Commission Website 2008b). DG DEV and ECHO are under direct responsibility of the Commissioner for Development and Humanitarian Aid, whereas DG RELEX and EuropeAid report to the Commissioner for External Relations (Knapp 2008: 133-134).

Since 1957, the EU's relations with the ACP States have undergone various stages, each of which relates to a particular set of agreements, which are listed in table 1. The following sections give an overview of these agreements along with an in-depth discussion of conceptual and terminological matters involved. The Treaty of Rome provided the basis for the EU's development cooperation policy as it exists today and the starting point for the analysis (Section 5.1). The relationship with some of the states in the South was maintained via two Yaounde Conventions, signed in 1963 and 1969 (Section 5.2). The United Kingdom's accession to the Community led to the era of Lome and a new generation of agreements, covering the period of 1975 to 2000 Judith Kast-Aigner - 978-3-631-75372-9

(Section 5.4). At present, the relations between the EU and the ACP Group are governed by the Cotonou Partnership Agreement, which was signed in 2000 (Section 5.6).


Table 1: Evolution of cooperation

Based on data from the agreements database provided by the Council of the European Communities (http://www.consilium.europa.eu/Applications/accords/search.asp) as well as the European Commission (European Commission Website 2009a) and the European Union (European Union Website 2007a).

• The European Union was only created in 1992 by the Treaty of Maastricht. Prior to that date, its member countries were referred to as the *members of the EEC,* the European Economic Community. The number refers to the number of European countries at the date of signature.

•• Prior to Lome, these countries were referred to as the *Associated States.* The number refers to the number of ACP States at the date of signature.

The texts of the ten agreements form the corpus, on which the analysis of the terminology of the EU's development cooperation policy is based, with the individual agreements representing different subcorpora. In addition to analysing the individual subcorpora, the study aims at identifying trends in the three generations of agreements, viz. the period prior to Lome (1957-1975), the Lome regime (1975-2000) and the current stage, represented by the Cotonou Agreement (2000 to date). A summary of the key developments in the Community's terminology during the pre-Lome era, i.e. the period covered by the Treaty of Rome and the Yaounde Conventions, is provided in Section 5.3. The terminology of the Community's development cooperation policy in the Lome Conventions and in the Cotonou Partnership Agreement is summarised in Sections 5.5 and 5.7 respectively.


Table 2: Three generations of agreements

. number of words

As table 2 shows, the first corpus is the smallest of the ten subcorpora, as it does not contain the entire Treaty of Rome, but only those parts that are relevant in terms of development cooperation policy. All the other subcorpora consist of the full texts of the respective agreements, all the attached documents and the EU's internal agreements in which the guidelines for financing, administering and implementing the Conventions were laid down. The overview of the corpus provided in table 2 shows that the size of the subcorpora is continuously growing. Only the revision of Lome IV (8 - Lome IV *bis)* and the revision of Cotonou (10 - Revised Cotonou) are significantly shorter as they only include changes and additions to the existing agreements.

## *5.1. The Treaty of Rome*

As mentioned above, the European Community's development cooperation policy dates back as far as 1957, when the Treaty of Rome, hereafter referred to as the *Treaty,* was signed to create the European Economic Community (EEC). The Treaty included "the kernel of what was later to become a development policy" (Hewitt and Whiteman 2004: 133) and therefore marks the origin of the bonds between the newly established Community and the developing countries, or, as Banthia notes, "the starting point for EU-ACP relations, though neither entity existed in its current form at that time" (2007: 4). The driving force was France, which put pressure on the other signatory states and threatened not to sign the Treaty unless the special relations with its African colonies were adequately accounted for (Whiteman 1998: 30). According to Delorme, France refused to make a choice between "divorce and bigamy", by insisting on bringing its existing spouse, the African colonies, into its marriage with Europe (Delorme 1972: n.pag., quoted in Claeys 2004: 120). As a result, Part Four of the Treaty included provisions establishing an Association between the EEC and "the non-European countries and territories which have special relations with Belgium, France, Italy and the Netherlands" (European Communities 1957: Article 131). The expression *special relations* can be regarded as a somewhat euphemistic description of the colonial ties that four of the six European founding members had at that time (Hewitt and Whiteman 2004: 133).

Article 131 of the Treaty established the official purposes of the Association:

'The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Community as a whole" (European Communities 1957: Article 131).

According to Grilli, the first of the two stated objectives reflects the German vision of development cooperation, whereas the French ideas are manifested in the second one. The Association enabled France not only to secure free access to the Community for exports from its colonies, but also to share the financial burden that the colonies represented for France with the other Member States (Grilli 1993: 8).

The association system contained two main elements, viz. rules regarding trade between the Community and the Associated States as well as aid from the EEC to the Associates. In terms of trade, the Treaty of Rome unilaterally Judith Kast-Aigner - 978-3-631-75372-9 created a free trade area between the EEC and the Associated States and also among the Associates themselves (Grilli 1993: 11). According to the Treaty, each Member State had to apply the same treatment to trade with an associated country or territory as to trade with another member state. Likewise, every country or territory had to apply the same treatment to trade with a Member State or with another country or territory as to trade with the European State with which it had special relations (European Communities 1957: Article 132). In compliance with the abolition of customs duties between the Member States set out in Part Two of the Treaty, customs duties on imports into a Member State of goods originating in an associated country or territory as well as customs duties on imports into an associated country or territory from a Member State or another associated country or territory were to be abolished (European Communities 1957: Article 133). With regard to aid, the Treaty produced a collective responsibility of the EEC Member States to provide financial assistance to the Associates (Grilli 1993: 94). To this end, an Implementing Convention (IC) was attached to the Treaty, which provided for the creation of a Development Fund. This fund, made up of annual financial contributions from the Member States and administered by the Commission, was to be used for measures that "promote the social and economic development of the countries and territories" (European Communities 1957: IC Article 1). The Development Fund was the first in a series of ten funds, which would later be called the *European Development Funds* and which still represent one of the EU's major instruments for providing development aid.

#### *5.1.1.* **The** *Rome corpus*

With roughly 3,800 words, this is the smallest of the corpora under investigation. As mentioned above, the corpus, hereafter referred to as the *Rome corpus,* merely contains those parts of the Treaty of Rome that are relevant in terms of development cooperation policy and the Associated States. Therefore, some of the steps described above2° are not relevant and the results of the analysis are rather modest. However, it is interesting to use it as a starting point for further analysis, especially with a view to the comparison of different corpora.

## 5.1.2. *Key words*

Starting from the word list, which contains 737 words, it is possible to identify key words by comparing the word list of the Rome corpus with the reference word list. The result is a list of 86 key words, some of which have been removed as they are not relevant from a terminological point of view. The remaining 68 key words are shown in table 3.


Table 3: Key words of Rome coq:!us vs. BNC coreus

These key words do not come as a surprise as quite a few relate to the parties to the contract (e.g. *member, territories, states)* and even to particular countries (e.g. *Netherlands, French).* Several of them are clearly connected to the main features of the relationship between the European and the non-European countries, namely the subject of trade (e.g. *duties, customs, imports, quotas)* and the question of Community assistance (e.g. *financing, funds).* Others refer to the institutions involved (e.g. *Commission, Council)* and their competence (e.g. *qualified, intergovernmental).* 

## *5.1.3. Word clusters*

Furthermore, word clusters are generated in order to identify those term candidates that are compound words. The calculation of 2-6 word clusters that appear in the Rome corpus at least five times produces 205 word clusters, the majority of which, however, represent related clusters and repeated strings and are therefore deleted. The final list contains eleven word clusters, which are shown in table 4.


Table 4: Word clusters of Rome coreus

Five out of eleven word clusters refer to the contracting parties of the Treaty, most importantly the expressions *Member States* and *countries and territories.*  The former is used for the six founding members of the European Economic Community, viz. Belgium, Germany, France, Italy, Luxembourg and the Netherlands. The latter refers to those non-European countries and territories which, due to their special relations with one of the Member States, were associated with the Community through the Treaty. They are sometimes also referred to as the *Overseas Countries.* 

The terms *customs duties* and *basic duty* are evidence of one of the key elements of the Association laid down in the Treaty, i.e. the abolition of customs duties on imports into the Member States of goods originating in the countries or territories, and on imports into the countries or territories from Member States or other countries or territories (European Communities 1957: Article 133).

The terms *qualified majority* and *proposal from the Commission* are used in connection with the decision-making process in matters concerning the countries and territories. The Council was to act, either on a proposal from the Commission or after consulting the Commission, with a qualified majority, represented by 67 of 100 votes (European Communities 1957: IC Article 7).

The expression *special relations* is used to explain the rationale for the Association. Although the Treaty does not provide any information on the peculiarities of the relations, it is clear that the "non-European countries and territories which have special relations with Belgium, France, Italy and the Netherlands" (1957: Article 131) referred to the colonies of these European countries.

Both the key words and the word clusters are a reflection of the main characteristics and themes prevailing in the Treaty with regard to development cooperation policy. Moreover, they may be of help in raising questions and ideas that otherwise might not have occurred. For example, it is surprising that, despite the Association's official purpose, words such as *aid, assist(ance), support* and *cooperation* were obviously avoided, as they do not occur in the corpus at all. Furthermore, while the Rome corpus contains ten instances of the word *development,* it is still quite intriguing that *development*  does not even appear in the list of key words, let alone in the list of word clusters in combination with other words such as *aid, cooperation* or *policy.* In fact, it is used in only two compound words, namely the terms *Development Fund* (two occurrences) and *development projects* (one occurrence). When it comes to identifying the different types of development mentioned in the Treaty, it is interesting to look at the concordances.

lead them to the economic, social and rultural *development* to which they aspire promote the social and economic *development* of the countries and territories investments required for the *development* of these countries and promote the economic and social *development* of the countries and territories desiring to ensure the *development* of their prosperity

These examples clearly show that the Community officially aimed at the economic and social development of the countries and territories, which is mentioned twice in Article 131 of the Treaty and once again in Article 1 of the Implementing Convention. The phrase *to which they aspire* (line 1) is slightly bewildering, the more so as the countries and territories were still under colonial rule and, with the Treaty being imposed on them by their colonial masters, were not even party to the contract.

#### *5.2. The Yaounde Conventions*

When most colonies became independent in the 1960s, the legal framework for their relations with the EEC had to be changed. Grilli points out that the countries and territories had been associated to the Community *ex officio,* a status that he refers to as an *association octroye* (1993: 15), and, as independent states, were no longer bound by the Treaty of Rome. Since many of them wanted to maintain the key elements of the Association - preferential access to the European market and financial aid from the Community - a new legal framework had to be established (Grilli 1993: 15). In July 1963, a Convention of Association between the EEC and the African and Malagasy States was signed in Yaounde, the capital of Cameroon, to become effective in 1964 (Grilli 1993: 19). European development aid to Africa was - for the first time - based on an explicit contract (Lister 1998: 32) or, in the words of Grilli (1993: 19), the "association with the Community had changed from being involuntary and unilaterally granted, to being voluntary and negotiated", thus representing a shift from an *association octroye* to a so-called *association negociee.* 

Although the Convention, generally referred to as *Yaounde I,* did not explicitly state the objectives of the Association, the Preamble contained several points that provide insight into the underlying aims. It pointed to the signatories' "common desire for co-operation on the basis of complete equality and friendly relations" and their willingness to "develop economic relations between the Associated States and the Community" (European Communities 1963: Preamble). Moreover, it expressed their wish for

"furthering the industrialization of the Associated States and the diversification of their economies, with a view to enabling them to strengthen their economic independence and stability" (European Communities 1963: Preamble).

Yaounde I covered trade and aid relations between the Community and the then 18 Associated States (European Commission Website 2009b). Preferential trade between the Community and the Associates was maintained, but on a bilateral basis (Grilli 1993: 19). The Convention stipulated that goods originating in any of the Associated States were to benefit from the progressive abolition of customs duties between the Member States when imported into the Community (European Communities 1963: Article 2). Likewise, goods originating in Member States were supposed to benefit from the progressive abolition of customs duties in each of the Associated States when imported into this state. Furthermore, the Associated States were

required to grant identical tariff treatment to goods originating in any of the Member States (1963: Article 3). Grilli explains that each Associated State practically formed a free trade area with the Community, but not with the other Associates, as their independence entitled the Associated States to establish their own trade policies towards each other (Grilli 1993: 19-20). While "the importance of developing inter-African trade and co-operation" was recognised in the Convention (European Communities 1963: Preamble), Yaounde I did not contain any provisions as to the means to achieve or promote trade and cooperation between the Associated States (Banthia 2007: 5). However, it explicitly approved of the maintenance or establishment of customs unions or free trade areas among the Associated States and between the Associated States and third countries (European Communities 1963: Article 9).

The aid system that had been set up by the Treaty of Rome was also maintained, with financial assistance provided via the European Development Fund (EDF), which was to be used for measures "to promote the economic and social development of the Associated States" and included both grants and loans on special terms. The financial aid package was supplemented by loans granted by the European Investment Bank (European Communities 1963: Article 16).

The innovation of Yaounde I was the creation of four governing institutions: the Association Council, the Association Committee, the Parliamentary Conference and the Court of Arbitration (European Communities 1963: Article 39). The most important body of the Association, the Association Council, was made up of members of the Council of the Community and members of the European Commission on the one hand, and one member of the government of each Associated State on the other, and was required to meet at least once a year. It was responsible for the smooth and efficient functioning of the Association by taking decisions on the implementation of the articles of the Convention, formulating resolutions, recommendations and opinions with a view to achieving the objectives of the Association (1963: Articles 40-44). The Association Council was assisted by the Association Committee, which was comprised of one representative of each Member State, one representative of the Commission and one representative of each Associated State and reported to the Association Council (1963: Articles 45 and 48). The task of the Court of Arbitration of the Association, which consisted of a president and four judges, who were appointed by the Association Council, was to deal with and to decide on disputes concerning Judith Kast-Aigner - 978-3-631-75372-9 the Convention for which the Association Council had not been able to achieve a solution (1963: Article 51). Finally, the Parliamentary Conference of the Association, composed of members of the Community's Assembly, i.e. the predecessor of the European Parliament, and members of the parliaments of the Associated States, was to vote on resolutions concerning the Association (1963: Article 50).

The Yaounde Convention was renewed in 1969 with practically identical stipulations. *Yaounde II,* as it is generally referred to, was meant to continue to promote the economic and social development of the Associated States, with the Community guaranteeing a larger amount of financial aid in the form of yet another EDF (Banthia 2007: 6). As Zartman points out, Yaounde II "provided continuity until there could be agreement on innovation" (Zartman 1976: 330).

While Yaounde II was signed by the same 18 African and Malagasy States as Yaounde I, the Community started to develop relationships with the newly independent English-speaking countries in Africa. As a result, a bilateral association agreement, known as the *Lagos Convention,* was signed with Nigeria but was never ratified due to the civil war in Biafra (Grilli 1993: 21). Furthermore, in 1969 the Community signed the so-called *Arusha Agreement*  with three East African countries, viz. Kenya, Uganda and Tanzania, bringing these countries into the Convention ("Unique in the world": 6). In contrast to the Yaounde Convention, the Arusha Agreement did not include any financial and technical assistance from the Community but was solely a trade agreement which laid down the reciprocal rights and obligations of the contracting parties (Gruhn 1976: 245). Finally, Mauritius joined the Yaounde Convention by signing an agreement to that effect in 1972, making it the 19th member of the Association (European Commission 1972: 1).

#### 5.2.1. The *Yaounde I corpus*

The corpus under investigation, hereafter referred to as the *Yaounde I corpus,*  comprises about 14,200 words and is thus substantially bigger than the Rome corpus. It includes the complete Convention of Association as well as the protocols and declarations annexed to the Convention.

#### *5.2.1.1. Key words*

The starting point of the analysis is the word list of the Yaounde I corpus, which is made up of 1,403 entries. It is compared with the reference word list, resulting in 202 key words, which, by removing noise and other parts that are not relevant from a terminological perspective, are reduced to 148. The top 60 key words are listed in table 5.


Table 5: Key words of Yaounde I corpus vs. BNC corpus

Similarly to the Rome corpus, several key words of the Yaounde corpus relate to the parties involved, containing both general expressions (e.g. *states, governments, parties),* specific entities (e.g. *Community, Council)* and specific countries and regions (e.g. *European, Malagasy, Congo).* Moreover, numerous key words are linked to the major themes of Yaounde I, viz. trade (e.g. *duties, imports, goods, quota)* and financial assistance (e.g. *aids, loans, grants).* 

The terms *Association* and *Associated* feature prominently in Yaounde I. While *Association* is mentioned only seven times in the Treaty of Rome, it appears 120 times in Yaounde I. This is mainly due to the establishment of an institutional architecture, which not only gave the idea of the Association a

stronger foundation - and thus numerous mentions in the Convention - but also led to the creation of four institutions, viz. the Association Council, the Association Committee, the Parliamentary Conference and the Court of Arbitration of the Association. Furthermore, the non-European signatory states were no longer referred to as the *countries and territories* as in the Treaty of Rome, but as the *Associated States.* 

The growth in the actual number of key words also implies that the Yaounde I corpus contains several new terms that did not represent key words or did not even occur in the Rome corpus. As they point to the changes and innovations of Yaounde I, a selection of these words is shown in table 6. 

 1 ASSOCIATED 7 FUND 13 AGREEMENT 2 DIVERSIFICATION 8 COOPERATION 14 MEETINGS 3 AIDS 9 CONSULTATIONS 15 DEVELOPMENT 4 MEASURES 10 TECHNICAL 16 ASSISTANCE 5 SCHEMES 11 AID 17 BANK 6 ARBITRATION 12 STABILIZATION 18 INSTITUTIONS 

Table 6: Selected new key words of Yaounde I

The frequent appearance of the words *aids* (38 occurrences), *aid* (15 occurrences) and *assistance* (8 occurrences) represents one of the most significant differences between the Treaty of Rome and Yaounde I. The words *aids* and, to a lesser extent, *aid* are primarily used in combination with diversification and production. Table 7 shows the collocations in the order of their frequency of occurrence in the Yaounde I corpus. 


Table 7: Collocations of the words *aids* and *aid* 

Article 17 of Yaounde I stipulated that part of the funds provided by the Community were to come in the form of aids for diversification and production. Protocol 5, concerning the administration of the financial aids (PS), specified that aids for production were aimed to "assist producers of the Associated States in progressively adapting their production to the requirements of marketing at world prices", whereas the purpose of aids for diversification was "to enable the Associated States to reform their structure and to achieve appropriate diversification in the fields of agriculture, industry, and commerce" (European Communities 1963: PS Article 23). The expressions *aids for, aids to* and *aid towards* were used interchangeably, with a clear bias towards the former.

The word *assistance* was mainly used in the term *technical assistance,*  referring to assistance connected with investments such as planning, conducting surveys for the preparation of investment schemes, the technical execution and supervision of work and temporary help in setting up, starting and running an investment or plant (1963: PS Article 4).

While the expressions *financial aids* and *financial aid* appear repeatedly in the Yaounde I corpus, the provision of funds by the Community was dealt with under the heading *financial and technical cooperation,* covering measures in four different areas, namely (1) economic and social investments, (2) general technical cooperation, (3) the above-mentioned aids for diversification and production, and (4) price stabilization (European Communities 1963: Article 17). In fact, the word *technical* is the most frequent collocate of the word *cooperation,* with technical cooperation including measures such as sending experts, advisers and technicians to the Associated States, conducting market surveys and surveys on the prospects of the economies of the Associated States, and providing grants and scholarships for the purpose of training staff (European Communities 1963: PS Article 9).

While the Treaty of Rome referred to a *Development Fund* and *Development Fund for the Overseas Countries and Territories* respectively, it was in Yaounde I that the term *European Development Fund* was first mentioned. Aimed at the economic and social development of the Associated States, *the Fund,* as it was primarily referred to, provided assistance in the form of grants and loans on special terms (European Communities 1963: Article 16). In addition to the Fund, which was made up of payments from the Member States, financial and technical cooperation included resources from the European Investment Bank, mainly referred to as the *Bank,* in the form of loans that, at the request of the recipients, could qualify for a rebate on the interest (1963: PS Article 17). Judith Kast-Aigner - 978-3-631-75372-9

The frequent occurrence of the words *measures* and *schemes* illustrates that, in contrast to the Treaty of Rome, Yaounde I was much more specific on the actual practices and programmes that the Association contained and that were necessary to reach the objectives of the Association. The terms *investment schemes, economic and social schemes* and *production schemes* were used in connection with the definition of rules for the use of the financial resources as these schemes had to be submitted to and approved by the Community.

The fact that words such as *consultations, agreement* and *meetings* appear as key words in Yaounde I is undoubtedly related to the establishment of the four joint institutions.21 Their structure, tasks and responsibilities as well as guidelines for their work were laid down in Title IV of the Convention.

In contrast to the Rome corpus, the word *development* does represent a key word in Yaounde I, occurring 21 times. In addition to the term *Development Fund* (7 occurrences), which had already found its way into the Treaty of Rome, several new compound nouns can be identified: *development needs* (3 occurrences), *development institutions, development plan, development prospects*  and *development surveys* (1 occurrence each). The development needs of the Associated States were emphasised in connection with exceptions from those provisions of the Convention requiring the progressive abolition of customs duties and quantitative restrictions. Subject to prior consultations within the Association Council, the Associated States were entitled to retain or even introduce customs duties and quantitative restrictions if such a measure was deemed necessary to meet their development needs or industrialisation requirements (European Communities 1963: Articles 3 and 6).

As the following concordances reveal, two different types of development were prioritised in Yaounde I. On the one hand, the economic and social development of the Associated States was considered one of the key objectives. On the other, the development of trade was gaining in importance.

encouraging the economic *development* of the Associated States to promote the economic *development* of the Associated States contributing to the *development* of international trade encouraging [ ... ] *development* of trade between these States and the Community

#### 5.2.1.2. *Word clusters and terminological domains*

The final step in the analysis of the Yaounde I corpus is the calculation of word clusters. In view of the large number of entries in the word list (1,403}, only the key words (148) are used as the basis for generating the clusters, with the other parameters (2-6 word clusters with a minimum frequency of five) remaining unchanged. The result, after deleting related clusters and noise, is a list of 43 word clusters, which are divided into six terminological domains, meant to give an account of the key themes of the Yaounde I corpus22• On the one hand, the identification of word clusters and their categorisation into terminological domains represent useful means of summarising the data gathered via the list of key words, especially the new key words. On the other, the terminological domains supplement the information by offering an alternative way of looking at the terms and accounting for items that otherwise might not have been identified at all.

Following an overview of the domains in table 8, some of the individual domains and the clusters that form part of these domains are presented in tables 8.1 to 8.5. Three multi-word units do not seem to fit into any of the categories and are therefore listed as *Other.23* 


Table 8: Terminological domains in the Yaounde I corpus

<sup>22</sup> See Section 4.4

<sup>23</sup> Together with domain 6, which covers the countries involved and is less relevant from a terminological viewpoint, the category named *Other* is not dealt with in more detail. Judith Kast-Aigner - 978-3-631-75372-9

## *Domain 1* **-** *Parties to the contract*

Those word clusters that refer to the parties to the Yaounde Convention are included in domain 1 and shown in table 8.1.

Table 8.1: Domain 1- Parties to the contract


The parties to the contract are the members of the European Economic Community, usually called the *Member States,* on the one hand, and the African and Malagasy States, or *Associated States,* on the other. They are occasionally referred to as the *High Contracting Parties,* or simply *Contracting Parties,* and the *Signatory States.* 

## *Domain* **2 -** *Institutions of the Association*

The word clusters referring to the institutions established under Yaounde I are listed in table 8.2.


Table 8.2: Domain 2 - Institutions of the Association

While the newly established institutions were generally referred to as the *Institutions of the Association,* Yaounde I made specific mention of the Association Council, the Court of Arbitration and the Association Committee.

## *Domain* **3** - *Other entities involved*

The word clusters referring to other entities that are frequently mentioned in Yaounde I are listed in table 8.3.

Table 8.3: Domain 3 - Other entities involved


Domain 3 includes several other organisations and entities that were in some way involved or discussed in the First Yaounde Convention, e.g. the European Economic Community *per se,* the governments of the Member States and the governments of the Associated States.

## *Domain 4 -Aid-related aspects*

The core terminology used in the area of financial and technical cooperation in the Yaounde I Convention is illustrated in table 8.4.

Table 8.4: Domain 4 - Aid-related aspects


Even back then, the key instrument to provide financial aid was the European Development Fund, which was used in four fields, one being the Judith Kast-Aigner - 978-3-631-75372-9 field of aids for diversification (also: *aids to diversification)* and aids for production (also: *aids to production),* another being the area of economic and social investments, including technical assistance within the scope of these investments. All amounts regarding financial aids provided by the Community were generally expressed in units of account. The value of the unit of account as well as the parities of the currencies of the Member States in relation to the unit of account were laid down in Protocol 7 of the Convention.

#### *Domain 5* - *Trade-related aspects*

The main terms used in the field of trade are shown in table 8.5.

Table 8.5: Domain 5 - Trade-related aspects


Customs duties and quantitative restrictions are key to explaining the main features of Yaounde I. With regard to imports of goods into the Member States, the Convention stipulated that customs duties levied on goods originating in any of the Associated States were to be progressively abolished. The same applied to customs duties levied on goods originating in the Member States on importation into one of the Associated States. Likewise, the Member States were required to abolish quantitative restrictions on imports of goods originating in the Associated States and *vice versa.* 

In its relations with the contracting parties in the South, the Community's Common Agricultural Policy played a critical role from the outset. It therefore comes as no surprise that the term *Common Agricultural Policy* found its way into Yaounde I. In fact, the Convention contained a clause committing the Community to take the interests of the Associated States regarding products similar to and competitive with European products into account when drawing up its Common Agricultural Policy (European Communities 1963: Article 11 ).

## 5.2.2. *The Yaounde II corpus*

The Yaounde II corpus contains the complete Convention of Association along with the protocols and declarations annexed to it, amounting to approximately 16,400 words.

## *5.2.2.1. Key words*

The generation of the word list of the Yaounde II corpus, comprising 1,632 entries, is followed by the computation of its key words. The comparison of the Yaounde II word list with the word list of the reference corpus results in a preliminary set of 199 key words. After eliminating noise and irrelevant words, 148 key words remain, the top 60 of which are listed in table 9.

Table 9: Key words of Yaounde II corpus vs. BNC corpus


More than two thirds of the key words of Yaounde II had also been key words of Yaounde I. Among them are, unsurprisingly, words referring to the parties (e.g. *States, Signatory)* and institutions *(Council, Communities)* involved as well

as words linked to the key elements of both Conventions, namely trade (e.g. *products, customs)* and financial assistance (e.g. *loans, aid).* 

More interesting than the well-known features of the agreement, however, are those key words of Yaounde II that did not represent key words or were not even mentioned in Yaounde I. Table 10 shows a selection of these words.


Table 10: Selected new key words of Yaounde II

Coordination was a completely new issue in Yaounde II. In Protocol 9, the Convention established three coordinating bodies for the Associated States in order to enable them to improve their internal procedures and to harmonise their positions in the joint bodies of the Association: the Coordinating Council, assisted by the Coordinating Committee, composed of the African and Malagasy members of the Association Council and the Association Committee respectively. Both bodies were to be supported by the Coordinating Secretariat (European Communities 1969: P9 Preamble).

The word *Court* is another new word in the list of key words of Yaounde II, although the Court of Arbitration had already been set up by Yaounde I. A look at the concordances reveals why, in absolute numbers, the word *Court*  was mentioned 63 times in Yaounde II and only 15 times in Yaounde I. In contrast to its predecessor, Yaounde II incorporated the Statute of the Court of Arbitration into a separate protocol (Protocol 8) and therefore included detailed provisions concerning the members of the Court, i.e. the judges, and its rules of procedure (European Communities 1969: *PB* Preamble). Moreover, the Statute laid down clear and comprehensive rules concerning disputes brought before the Court of Arbitration. The Statute of the Court of Arbitration, therefore, also explains the key word status of the words *dispute*  (15 occurrences) and *judges* (10 occurrences)24•

Besides the issue of coordination, Protocol 9 also dealt with the "privileges and immunities which may be claimed by persons participating in work relating to the application of the Convention" (European Communities 1969: P9 Preamble). The Convention did not specify the nature of the privileges and

<sup>24</sup> In addition, the word *judge* appears eight times in the Yaounde II corpus. Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

immunities, but referred back to the Protocol on the privileges and immunities of the European Communities, the contents of which were extended to the members of the institutions of the Association (European Communities 1969: Annex VII). Moreover, the topic of privileges and immunities explains the key word status of the word *enjoy* in the Yaounde II corpus. The following set of (selected) concordances of the words *immunity* and *immunities* illustrates that the word *enjoy* represents their most frequent collocate.


The words *treatment* and *favourable* are primarily used in connection with the treatment of products in the trade relationship between the Community and the Associated States. Title I of the Convention, dealing with trade in general and customs duties and quantitative restrictions in particular, stipulated that the treatment applied by the Community to products originating in the Associated States should not be more favourable than that applied by the Member States among themselves (European Communities 1969: Article 2). The Associated States were not only required to apply at least as favourable treatment to products originating in the Community as to products from their most favoured third country, they also had to grant identical treatment to products originating in each of the Member States (1969: Articles 3 and 11). Finally, the treatment that the Associated States applied to their exports to the Community was not supposed to be less favourable than that applied to exports to the most favoured third country (1969: Article 11).

Also related to the field of trade is the word *preferences.* At the second conference of UNCTAD, held in New Delhi in 1968, a resolution on the Generalised System of Preferences (GSP) had been adopted, granting developing countries preferences over the most-favoured-nation rates advocated by GATT (UNCTAD Website n.d.). In the light of this event, a protocol (Protocol 4) was attached to the Yaounde II Convention, emphasising that the Community and the Associated States regarded the Convention to be Judith Kast-Aigner - 978-3-631-75372-9 compatible with UNCTAD's GSP framework and that the Associated States were free to participate in such a system (European Communities 1969: P4).

Further key words of Yaounde II are the words *exceptional* and *special,* both of which relate to extraordinary and supplementary matters. The Convention provided for the establishment of a reserve fund aimed at "helping the Associated States to deal with special and extraordinary difficulties creating an exceptional situation" and resulting from a fall in world prices or disasters such as famines or floods (European Communities 1969: Article 20). According to the Protocol concerning the administration of Community aids, the term *exceptional aid* was used to refer to the Community granting aid in the event of such an exceptional situation (1969: P6 Article 9). Apart from the abovementioned example, the word *special* is frequently used to refer to *loans on special terms,* for which part of the EDF was to be used (1969: Article 18).

#### *5.2.2.2. Word clusters and terminological domains*

The identification of word clusters completes the analysis of the Yaounde II corpus. Given the large number of words (1,632), only the key words (148) are used for generating the clusters, the parameters of which are not modified (2-6 word clusters with a minimum frequency of five). The resulting word clusters are again classified into terminological domains, which reflect the key themes of the Yaounde II corpus. Table 11 gives an overview of these domains, with details on individual domains following in tables 11.1 to 11.4. As the majority of the clusters of Yaounde I and Yaounde II overlap, only the new ones are illustrated in the tables below and described in more detail.


Table 11: Terminological domains in the Yaounde II corpus

## *Domains* 2 *and 3* - *Institutions of the Association and other entities involved*

The tables below show several organisations and institutions mentioned in the Association Agreement, including both actual institutions of the Association (table 11.1) and other entities involved in, but not specifically set up for, the purpose of the Association (table 11.2).


Table 11.1: Domain 2 - Institutions of the Association"

Table 11.2: Domain 3 - Other entities involved"


• new dusters only

As discussed above25, Yaounde II provided for the establishment of coordinating institutions, including the Coordinating Council and the Coordinating Secretariat. The Court of Arbitration of the Association, usually simply referred to as the *Court of Arbitration,* had already been established by the first Yaounde Convention, but gained visibility in Yaounde II due to the establishment of its Statute.

In contrast to Yaounde I, the Community is not only referred to as the *European Economic Community,* but also, and even more often, as the *European Communities.* Likewise, the term *Council of the European Economic Community*  gives way to the term *Council of the European Communities.* 

## *Domain 4 -Aid-related aspects*

The area of aid is represented by the word clusters included in domain 4 and shown in table 11.3.

<sup>25</sup> See Section 5.2.2.1 for information on the key word *coordinating* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access


Table 11.3: Domain 4-Aid-related aspects\*

• new clusters only

A few minor differences between Yaounde I and II can be identified in this field. First, the term *development fund* no longer appears in the cluster analysis for it is mentioned only once in Yaounde II. Second, the expressions *aids for diversification* and *aids to diversification* do not appear at all. While the proposed use of the European Development Fund did not change fundamentally, the wording used in Yaounde II was different, highlighting "investments in the fields of production[ ... ] in particular with a view to diversifying the economic structure of the Associated States" as one of the key areas in need of Community support (European Communities 1969: Article 19). Third, the term *financial aids* is no longer key, with the expression *Community aids* being used instead.

The remaining clusters shown in table 11.3 are also new insofar as they did not show up in the WordSmith word cluster analysis of Yaounde I. However, all of them did - with a lower frequency - appear in Yaounde I.

#### *Domain 5* - *Trade-related aspects*

The word clusters referring to trade-related aspects of the Yaounde II Convention are shown in table 11.4.


Table 11.4: Domain 5 - Trade-related aspects\*

• new clusters only

Domain 5 does not include any new terms. Those multi-word units that were not included in the corresponding list of word clusters in the Yaounde I Judith Kast-Aigner - 978-3-631-75372-9 corpus26 were simply not found by WordSmith's clustering facility due to low frequencies and slightly different wordings respectively.

## *Domain* 6 - *Internal aspects of the Association*

Word clusters dealing with internal aspects of the Association form a completely new domain. All of them can be seen as referring to the members of the institutions of the Association, their interdependencies and the rules governing their interactions.

Table 11.5: Domain 6 - Internal aspects of the Association


The Convention allowed for consultations regarding the application of certain provisions and other issues within the Association Council, at the request of either the Community or an Associated State. Frequent references to these consultations as well as to the rules of procedure and the smooth functioning of the Association may be indications of the growing complexity of the Association and its institutions and the resulting need for rules governing their activities.

As mentioned above, privileges and immunities were dealt with in a separate protocol of Yaounde II, establishing rules for "the customary privileges, immunities and facilities" of persons taking part in the work of the Association, including the representatives of the governments of the Member States and the Associated States, the representatives of the European Communities, their advisers and experts (European Communities 1969: P9 Article 1). One of the chapters of the latter protocol contained specific

<sup>26</sup> See table 8.5

provisions for members of the staff of the Coordinating Secretariat, who were entitled to benefit from the advantages usually granted to diplomatic staff or missions (1969: P9 Chapter IV), which explains why they are frequently mentioned in the corpus.

## 5.3. *The terminology of the Community's development cooperation policy prior to Lome: summary and conclusions*

Rooted in the Treaty of Rome, development cooperation policy has been an integral part of the EU since 1957. Although the Association established in the Treaty was imposed on the developing countries by their colonial rulers, the ties with the Community were maintained even after the African States had gained independence. In contrast to the Treaty of Rome, the developing countries were signatories to the Yaounde Conventions, concluded in the 1960s. Instead of being acted upon, they were able to take an active role themselves. The balance of power, however, remained unchanged, the more so as the Yaounde Conventions represented Conventions of Association, aimed at perpetuating and strengthening the association system.

The terminology used in the Treaty of Rome on the one hand and the Yaounde Conventions on the other were fairly alike. Considering the length of the Conventions in comparison to the relevant section of the Treaty, it comes as no surprise that the number of key words and word clusters generated from the Yaounde I corpus and the Yaounde II corpus respectively are also much greater. Furthermore, the Yaounde Conventions were specifically drawn up for the purpose of maintaining close links with the former colonies, whereas the Association provided for in the Treaty was only one of many topics and it is probably safe to say that it was not the central and most important one, at least from the perspective of the European signatories. Consequently, Yaounde I and II were more exhaustive, thorough and innovative than the relevant sections of the Treaty, on both the conceptual and the terminological level.

The Treaty of Rome as well as the Yaounde Conventions use terms with highly colonial connotations, reflecting not only the power relations prevailing at the time but also the immense influence of France on the Community's development cooperation policy. The relationship between the European States and the African and Malagasy States was considered - and dubbed - an Association. In the Treaty the developing countries were euphemistically described as the "countries and territories which have special relations" with one of the EEC Member States (European Communities 1957: Article 131), whereas in Yaounde they were referred to as the *Associated States.*  Furthermore, the institutions set up by the Yaounde Conventions made direct references to the nature of the relationship, as exemplified by the terms *Association Council* and *Association Committee.* Judith Kast-Aigner - 978-3-631-75372-9

The language used to describe the trade relations between the Community and the Associated States was neither complex nor striking, and included general and well-known terms such as *customs duties, quantitative restrictions, imports of goods* and *restrictions on imports.* In terms of aid, the terminology was slightly more sophisticated. For example, Yaounde was the first to mention the term *European Development Fund,* which has been used ever since. The EDFs represent a constant in European development cooperation policy and a feature distinguishing the Community's initiatives from those of other global actors. Moreover, the Yaounde Conventions made several mentions of the word *aid,* including *aids for diversification, aids for production* (Yaounde I) and *Community aids* (Yaounde II). The terms *technical cooperation* and *financial and technical cooperation* were also coined in the Conventions of Yaounde, not knowing that they would be part of the Community's terminology in this field for many years to come.

#### *5.4. The Lome Conventions*

The entry of the United Kingdom (UK) into the EEC in 197327 produced a massive extension of the geographical scope of the Community's development cooperation, as the former British colonies had to be taken into consideration (Karagiannis 2004: 10). Protocol 22 of the UK's Treaty of Accession contained an invitation to 20 independent Commonwealth countries in Africa, the Caribbean, the Indian and the Pacific Ocean to negotiate association agreements. In fact, they were asked to participate in the Community's negotiations with the Associated African and Malagasy States (AAMS)28 on the Convention that was to follow Yaounde II. By contrast, the Asian Commonwealth countries were only invited to negotiate trade agreements with the Community (European Commission 1973: 5-6). Grilli notes that for a short period of time the former group of Commonwealth states was called *the associables,* whereas the latter group was dubbed *the non-associables* (1993: 26). It took 18 months of negotiations until in February 1975 the nine EEC States and an enlarged group of 46 developing countries signed an agreement in Lome, the capital of Togo, an agreement referred to as *Lome I* (Whiteman 1998: 31). Shortly afterwards, the non-European signatories to Lome I entered into the Georgetown Agreement, creating the African, Caribbean and Pacific, or ACP, group of states as such ("Georgetown": 10).

Lister describes Lome I as the consolidation of the UK's interests in the African and Caribbean Commonwealth States and the interests of the existing EEC members in the Associated States (Lister 1997: 109). Although France was still at the forefront of Lome, the influence of Germany, which had always favoured an extension of development cooperation to a broader range of countries, was growing (Karagiannis 2004: 11 ). This is also reflected in the term *partnership,* which was used from then on to refer to the relationship between the EEC and the ACP. Hewitt and Whiteman (2004: 137) argue that the word *Association,* characteristic of Yaounde I and II, illustrated the overwhelming influence of the French not only with regard to the provisions of the Conventions but even as to the terminology used. Dieter Frisch, former Director General for Development at the European Commission, remembers that the English-speaking African states disliked the word *Association* since, in

<sup>27</sup> The UK joined the EEC together with Ireland and Denmark.

<sup>28</sup> The Associated States were frequently also referred to as the *Associated African States and Madagascar (AASM).* Judith Kast-Aigner - 978-3-631-75372-9

their op1mon, it clearly indicated "a second class membership of a postcolonial nature" ("ACP-EU cooperation": 12). The fact that this word was rejected, not only but especially by the Anglophone countries, and replaced with the word *partnership* was seen as a major step forward. According to Hewitt and Whiteman, "the linguistic change was significant here; that is, the elimination of the hated expression 'association', so redolent of neocolonialism" (2004: 140).

In addition to the linguistic modifications and the growth in geographical coverage, Lome involved several policy changes. While the main features of Yaounde - trade cooperation and financial assistance - were still key in Lome, the former underwent a significant transformation. One of the novelties was the replacement of reciprocity in the trade relations between the Associates and the Community with a system of non-reciprocal trade preferences. With the exception of agricultural products affected by the Community's CAP, the ACP States were granted duty-free access to the EEC market for their products (Grilli 1993: 27 and 149). Furthermore, separate trading protocols on sugar, beef and veal, bananas, and rum were established, guaranteeing fixed prices and quotas for these products (ECDPM 2002a: 2). In recognition of the need for remedying the harmful effects of the instability of export revenues, Lome I introduced a system for stabilising the export earnings of the ACP States for selected products, better known as *ST ABEX* and, according to Grilli, "the most important innovation of Lome I" (1993: 27). The list of products that were covered by ST ABEX was drawn up in consideration of factors such as employment, deterioration of the terms of trade between the Community and the ACP States and the particular difficulties of the least developed, landlocked or island states, and included, amongst others, cocoa, coffee and cotton products (European Communities 1975: Articles 16 and 17).

The system of financial assistance was maintained, with the aid provided via the EDF accounting for the increase in both the number of contributors and recipients. Moreover, Lome I was the first of the agreements to mention the least developed countries explicitly. The Convention listed the - then 24- least developed ACP States, whose needs were to receive special attention in the implementation of financial and technical cooperation (European Communities 1975: Article 48).

The idea of an institutional framework to support the Convention and to facilitate dialogue between the participating countries was also maintained. Lome I provided for the establishment of three joint institutions, namely the Council of Ministers, the Committee of Ambassadors and the Consultative Judith Kast-Aigner - 978-3-631-75372-9

Assembly (European Communities 1975: Article 69). In order to enable them to harmonise their positions in the institutions of the Convention, the ACP States created a set of coordinating bodies by means of an additional protocol, viz. the Council of ACP Ministers, the Committee of ACP Ambassadors and the Secretariat of the ACP States (1975: PS Preamble).

It was not pure altruism that prompted the Community to make concessions to the ACP Group in the form of ST ABEX and non-reciprocal trade preferences. Karagiannis points out that "the 1970s were characterised by the strongest position the ACP ever had in the past" (2004: 9), which was mainly related to the Community's dependence on commodities. The EEC relied heavily on imports of raw materials such as copper, coffee, cocoa and uranium, which only Africa was able to provide. In view of the 1973 oil crisis and the growing power of OPEC, the Community also tried to secure its access to Africa's oil resources (Grilli 1993: 25-26). Hope for the African continent waned in the 1980s when it was hit by collapsing oil and non-oil commodity prices and a severe debt crisis. As Grilli explains, interdependence between the North and the South turned more and more to the old dependence of the South on the North and the balance of economic and political power was firmly re-established in favour of the North (1993: 36).

Lome I covered a period of five years and was succeeded by three more Lome Conventions, viz. Lome II and Lome III, which were concluded for five years in 1979 and 1984 respectively, and Lome IV, signed in 1989. The latter represents the only of the four Lome agreements that covered a ten-year period, providing for a mid-term review in 1995 (Grimm and Woll 2004: 2). Lister (1997: 131) remarks that the ACP States were better off with a mid-term review than a complete renegotiation of the Convention, considering the declining interest on the part of the donors, as described below.

For 25 years, Lome was the flagship of European development policy and was often described by the Union as a model of development cooperation (Lister 1998: 17). Above all, it was also valued by its signatories in the developing world - a fact that is most affectionately described by Whiteman:

"Its various unusual features - the contractual nature of the relationship which gave a feeling of security; the partnership which supposed equality of partners; the institutional superstructure of joint committees and councils, even a joint assembly; the overt linking of trade with aid and the abandonment of reciprocity[ ... ] were all selling points which seemed to insert Lome into what used to be called, in the contemporary buzz-phrase, the New International Economic Order" (Whiteman 1998: 31 ).

However, the "model" was gradually changed and finally even replaced with a new generation of ACP-EEC agreements. Hewitt and Whiteman argue that the turning point was already evident in the negotiations to renew Lome in the late 1970s, which "marked the first nail in the coffin of the Lome idea equality and interdependence" (2004: 143).

Lome II was signed by 58 ACP States in 1979 and was almost an exact copy of Lome I. The only real innovation was SYSMIN, the System for the Promotion of Mineral Production and Exports, which was supposed to help those ACP States whose economies were largely dependent on the mining sector to cope with a decline in their capacity to export mining products to the Community and the corresponding decline in their export earnings. However, Grilli believes SYSMIN was designed primarily to ensure the supply of minerals to the Community and therefore regards it as a sign of the vanishing bargaining power of the ACP States rather than a concession on the part of the EEC (Grilli 1993: 37).

The 1980s were generally characterised by aid fatigue ("Unique in the world": 8) and growing disillusionment with Lome (Whiteman 1998: 32). Fuelled by the perception that the developing countries were not mere victims and therefore eligible for outside aid but that they were to a great extent also themselves responsible for their lack of economic development and performance, their domestic policies came under scrutiny (Grilli 1993: 37). This raised several issues about the political conditionality of aid. While Lome I had been much acclaimed for its political neutrality, the relationship between the ACP and Europe was starting to undergo a growing politicisation. The issue of human rights already came up in the Lome II negotiations, as it was getting increasingly difficult for the Community to justify the provision of aid to certain countries, in particular to Uganda during the reign of dictator Idi Amin (Clapham 1996: 101). While the ACP States managed to defeat the idea of linking aid to human rights then, the term *human rights* was finally, for the first time, included in Lome III, still not introducing any provisions that would tie the provision of aid to political affairs, but at least affirming in the Preamble the contracting parties' "faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small" (European Communities 1984: Preamble). By 1989, when Lorne IV was signed, the term *human rights* had made it to the main text of the Convention, which specified that "development policy and cooperation are closely linked with the respect for and enjoyment of fundamental human rights" (European Communities 1989: Article 5). The political dimension was Judith Kast-Aigner - 978-3-631-75372-9

given even more emphasis in the mid-term review of Lome IV in 1995, when respect for human rights, democratic principles and the rule of law were recognised as essential elements of the Convention. Furthermore, good governance was added to the respective article of the Convention, considering it to be closely linked to development cooperation and to form a particular aim of cooperation operations (European Communities 1995a: Article 5).

In addition to the increasing political conditionality, the rise of structural adjustment conditionality - i.e. the requirement to implement macroeconomic reforms in order to qualify for aid - was the second major issue shaping the 1980s and 1990s. Brown points out that the introduction of structural adjustment support has to be seen as part of an international movement coordinated and led by the Bretton Woods institutions, the IMF and the World Bank. As a consequence of the debt crisis in the early 1980s and the developing countries' inability to service their debt payments, the funding of specific development projects was increasingly replaced with the funding of policy reform programmes. North-South relations experienced a radical shift as aid became dependent on the adoption of strategies and programmes designed by the Washington institutions (Brown 2004: 19-20). Elsenhans pointedly remarks that

"in the poor countries ( ... ] there has been a virtual takeover of economic policy decision-making by a more and more coordinated donor community, in which the World Bank - by virtue of its financial means and its capacity to develop macroeconomic policies - tends to be the accepted leader" (1991: 136).

Structural adjustment support was introduced in Lome IV, with a special envelope within the EDF that, as Lister points out, represented "not additional funding, but a new use for the same money" (1997: 115). Although the Commission tried to "square the conditionality of adjustment support **with**  Lome principles of partnership" (Brown 2004: 22), the introduction of structural adjustment programmes was seen as a considerable reorganisation of the Community's development cooperation policy, moving closer to the IMF and World Bank in its development thinking (Lister 1997: 26) and seriously damaging the original spirit of Lome.

The 1990s saw the birth of the European Union, which not only shaped the future of Europe but also had an enormous influence on its development cooperation policy. Frisch claims that the Treaty on European Union (TEU), signed in Maastricht in 1992, represented "a turning point in development policy" (Frisch 2008: 22). For one thing, the Treaty finally provided a legal

basis for development cooperation; for another, it established the Common Foreign and Security Policy (CFSP), known as the Second Pillar of the EU, which also meant that consistency with the EU's policies in the field of external relations was becoming more and more important (2008: 22).

Under Title XVII, the TEU dealt with Community policy in the sphere of development cooperation and, for the very first time, explicitly laid down the overall objectives of such a policy, viz. to foster

"the sustainable economic and social development of the developing countries, and more particularly the most disadvantaged among them; the smooth and gradual integration of the developing countries into the world economy; [and] the campaign against poverty in the developing countries" (European Union 1992: Article 130u).

The fact that the Maastricht Treaty contained a separate section on development cooperation was positively received. Hoebink points out that "this makes the EU the only donor in the world that has a mission statement on development cooperation in its 'constitution"' (Hoebink 2005: 127). According to the TEU, development cooperation was also meant to "contribute to the general objective of developing and consolidating democracy and the rule of law, and to that of respecting human rights and fundamental freedoms" (1992: Article 130u), which not only reflected the trend towards the politicisation of development cooperation policy but also meant that one of the principal aims of the EU's CFSP was adopted word for word in the chapter on development cooperation (Frisch 1996: 7; Arts 2004: 105). The growing politicisation of the Community's relations with the developing countries by means of the TEU is also reflected in the provisions requiring consistency of all the EU's external activities in its external relations, security, economic and development policies (Frisch 2008: 24; Arts 2004: 106). This poses the risk that development cooperation could be considered less important than, and consequently subordinated to, other aspects of development cooperation (Arts 2004: 107), a concern that is shared by Frisch, who stresses that

"while there is a need for complementarity and coherence, precautions also need to be taken to ensure that development cooperation does not just become an instrument serving the needs of the CFSP" (Frisch 2008: 25).

In this regard, it is worth mentioning that, as far as the three pillars of the European Union - the European Community, the Common Foreign and Security Policy and cooperation in the fields of Justice and Home Affairs OHA) - are concerned, development cooperation was categorised as a Community

policy and was therefore, unlike the two new pillars, not subject to intergovernmental cooperation. Instead, decisions can be taken directly through the EU institutions, with involvement of the Commission, the Council and the Parliament (Frisch 2008: 22). However, the influence of the Member States was maintained, insofar as the Community's development cooperation policy was still seen as a thirteenth policy in addition to the bilateral programmes of the Member States (Lister 1997: 22). In fact, the Maastricht Treaty stipulated that the Community's development cooperation policy was to be "complementary to the policies pursued by the Member States" and recognised the need to coordinate these policies (European Union 1992: Article 130u).

The scheduled mid-term review of Lome IV accounted for the changes that the Treaty of Maastricht had brought about. Not only did the revised Lome IV Convention explicitly ask for greater political dialogue between the EU and the ACP States (Frisch 1996: 6 and 2008: 26), but it also introduced the notion of *good governance* and finally gave respect for human rights, democratic principles and the rule of law the status of essential elements (2008: 26).

The gradual introduction of several elements of political conditionality and the launch of structural adjustment programmes represented the most visible changes that the Lome Conventions had experienced in the course of time, succinctly summarised as follows: "The bottom-line is clear: the period of 'aid with no strings attached' is over" (Bossuyt, Laporte and Brigaldino 1993: 6). The pressure on Lome was mounting, not least in the light of several internal and external events and developments that put a strain on ACP-EU relations.

Firstly, Lister reports that EU development cooperation saw a shift in priorities in the mid-1990s, characterised by declining interest in the ACP States and increasing interest in the neighbouring countries of the Mediterranean region (1998: 17). Fuelled by the accession of Greece in 1981 and Spain and Portugal in 1986, the Community increasingly attended *to* the development needs of the Mediterranean countries (Arts 2004: 102-103). The so-called *Barcelona Declaration,* which in 1995 created a Euro-Mediterranean partnership and provided for the gradual establishment of a free trade area between the EU and twelve Mediterranean partner countries, was a major reason for the Union's decreasing attention *to* its relationship with the ACP States (Lister 1998: 17).

Secondly, the political situation in Europe was experiencing significant changes. After the fall of the Iron Curtain and the end of the originally clearcut East-West power blocs, the EU was faced with a new geostrategic situation (European Commission Website 2009c). Moreover, the rise of democracy and free market economy in the countries of Central and Eastern Europe required the Union not only to focus on its relationships with these countries but also to provide considerable financial assistance (Grimm and Woll 2004: 3). These developments were accompanied by a loss in the ACP Group's bargaining power with the Europeans (Lister 1997: 114). Along the same lines, Karagiannis notes:

"The increased attention of the EU to the countries of central and eastern Europe as well as the renaissance characterising the EU's relations with the Mediterranean, Latin America and Asia constituted the change in the focus of the development policy" (Karagiannis 2004: 15).

Hewitt and Whiteman voice their disapproval of these developments, cynically pointing out that "the ACP [ ... ] had been comprehensively overtaken by 'other interests' - by all the other interests, really" (2004: 145).

Thirdly, Lome had not achieved the desired results, the more so as the impact of the non-reciprocal trade preferences had been disappointing. The ACP Group's share of the European market had declined from 6.7 per cent in 1976 to 3 per cent in 1998, with only few ACP States experiencing economic growth as a result of the trade preferences and protocols (European Commission Website 2009c).

Last but not least, globalisation had left its marks and compatibility with the rules of the World Trade Organisation (WTO) became an increasingly important issue. Babarinde believes that the conclusion of the GATT Uruguay Round and the establishment of the WTO, its successor organisation, could even be regarded as the most important reason for Lome ending, as the Lome trade provisions, with all the privileges and concessions for the ACP States, were considered incompatible with the WTO regulations aimed at equal treatment and non-discrimination among its members (Babarinde 2005: 20). According to Grilli, the Community's non-reciprocal trade preferences, granted only to a specific group of countries, had always been a controversial subject within GA TT and a thorn in the side of some of its members (1993: 11- 12). This was in part because the Community used to resort to legal and political justifications such as GATT loopholes and general principles such as the UN Charters, in order to defend its preferential trade policies (Grilli 1993:

339). According to the principle of non-discrimination established by Article I of GA TI, preferences granted to one GA TI member must also be granted to all the other members. Exceptions to this principle in the form of discriminatory agreements are possible if they are based on reciprocity, as is the case in a free trade agreement, or if they are granted by a developed country either to all developing countries or to a recognised sub-group, without discrimination within such a group29• The preferential trade system set up by the Lome Conventions, however, did not represent an exception, for it not only involved non-reciprocal trade preferences but also discriminated between ACP States on the one hand and non-ACP developing countries on the other (ECDPM 2002b: 3). In other words, it was not the privileges *per se,* but the exclusivity of the privileges that made Lome vulnerable to complaints (Babarinde 2005: 20). Although Lorne's non-reciprocal system of trade was eventually secured by a GA TI waiver, pressure from the WTO and particularly from the non-ACP developing countries within the WTO prompted the EU to reposition and to tend increasingly towards a WTOcompatible agreement (Bilal 2007: 72).

With such a variety of issues at hand, the pressure on the Lome partnership was quite substantial. Aimed at a fundamental change of its relationship with the ACP States, the EU realised that such a change could not simply be incorporated into the existing Lome framework. Frisch remarks that

"everyone was aware that the Lorne policy had to be seriously overhauled to take account of the changes that had taken place in the international context both within the EU and among our ACP partners" (Frisch 2008: 18).

In 1996 the EU launched an extensive consultation process on the future of the ACP-EU cooperation, which led to the 'Green Paper on relations between the European Union and the ACP countries on the eve of the 21st century' (1996) and set the stage for the negotiations of a new agreement. These negotiations, formally started in September 1998 and concluded in February 2000, resulted in a new agreement which was signed in the capital of Benin, Cotonou, in June 2000. It is therefore known as the *Cotonou Agreement* (ECDPM 2002a: 2). The change in the name - from the *Lome Conventions* to the *Cotonou Agreement* - is symptomatic of the significant transformation as regards content. As Karagiannis observes,

<sup>29</sup> The only recognised sub-group is the group of least developed countries. Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

"the end of the Lome system is marked by the Cotonou 'Agreement' of the year 2000, and the change of the treaty's name is of symbolic importance rather than of legal significance, as it announces the gradual European disengagement and the liberalisation of the trade relations between the partners" (2004: 8).

Table 12 summarises the evolution of cooperation agreements as explained above.


Table 12: Evolution of cooperation

Based on data from the agreements database provided by the Council of the European Communities (http://www.consilium.europa.eu/Applications/accords/search.asp), as well as the European Commission (European Commission Website 2009a), the European Union (European Union Website 2007a) and Grilli (1993: 9-10).

#### *5.4.1.* **The** *Lome I corpus*

The Lome I corpus contains the complete text of the First ACP-EEC Convention as well as the attached agreement, protocols and several selected declarations, adding up to roughly 32,000 words.

#### *5.4.1.1. Key words*

The word list of the Lome I corpus is generated using WordSmith, resulting in 2,918 entries. Subsequently, the key words are computed by comparing the Lome I word list with the word list of the reference corpus. The preliminary set of 348 key words is reduced to 276 key words as several irrelevant words and noise have to be removed. The top 60 key words are listed in table 13.


Table 13: Key words of Lorne I corpus vs. BNC corpus

The table is headed by the word *ACP,* short for *African, Caribbean and Pacific,* which is the very first time an abbreviation finds its way into the list of key words. It is one of many key words that refer to the parties involved in the Convention, representing a regular feature of all corpora under investigation and comprising general expressions (e.g. *States, Member, territories),* actual countries and regions (e.g. *ACP, European, Guinea),* legal entities and functionaries of the signatory states (e.g. *President, Ministers, authorities)* and of the EEC *(Community, Council, Commission).* The main themes of Lorne I appear to be trade, exemplified by the words *customs, goods, originating* and *exporting,*  and assistance for projects, as indicated by the words *financing, implementation, execution* and *microprojects.* Key adjectives are *technical, industrial, economic* and *financial,* pointing to the factual language used in the texts. Words referring to the "soft" elements of the Convention are also included, e.g. *cooperation, aid, development* and *agreement.* 

Almost 40 per cent of the key words of Lorne I were also key words of one of the earlier agreements, viz. the Treaty of Rome, Yaounde I or Yaounde II. Among them are those words that refer to what can certainly be seen as the enduring elements and issues of development cooperation, irrespective of the

peculiarities and distinctive features of a particular period or legal agreement, namely the words *cooperation, development, trade* and *aid.* Furthermore, words describing the arrangements in the areas of trade and aid are indicative of topics that were stable throughout the years. References to the institutions involved as well as the rules governing their work and securing the smooth functioning of the arrangements also feature prominently. Table 14 shows a selected number of key words that Lome I and the earlier agreements have in common.


Table 14: Selected key words shared by Lome I and the pre-Lome agreements

The majority of the key words of Lome I are new as they either did not appear in the former agreements at all or appeared with too low a frequency to represent key words. A selection of these key words is shown in table 15. Among them are *ACP,* which was already mentioned, and *EEC,* short for the *European Economic Community,* early indications of the Community's growing taste for abbreviations.


Table 15: Selected new key words of Lome I

The word *industrial* is mainly found in the terms *industrial development* and *industrial cooperation,* the latter of which is also the title of one of the seven sections of the Convention and represents a major innovation of Lome I.

The words *projects, contracts, execution* and *tenders* are closely connected, relating to the Convention's detailed provisions on the financing of projects. In order to receive funding, the ACP States were required to draw up dossiers of projects, which had to be submitted to and appraised by the Community. The execution of these projects, including the negotiating and concluding of contracts, was the responsibility of the ACP States, with tenders open to firms in both the Member States and the ACP States (European Communities 1975: Articles 52-56).

While the subject of regional cooperation was only touched upon by the Yaounde Agreements, it received more attention in Lome I. The Convention accounted for the promotion of regional and interregional cooperation and stipulated that about ten per cent of the funds provided by the Community were reserved for the financing of regional or interregional projects (European Communities 1975: Article 47), another innovative feature of Lome I.

The key word status of *sugar* results from the fact that Lome I contained a separate protocol on sugar, in which the Community pledged to purchase a certain quantity of cane sugar originating in the ACP States at a guaranteed price. The ACP States concerned were regularly referred to as the *sugarexporting ACP States,* which represents, after the compound noun *cane sugar,*  the most frequent word cluster in this context.

The stabilisation of export earnings is considered the most groundbreaking element of Lome I3°. An entire section of the Convention is devoted to a comprehensive description of the stabilisation system, which explains the key word status of the words *earnings* and *transfers.* In a nutshell, the stabilisation system involved the transfer of funds to the ACP States in order to guarantee them steady earnings from exports of certain products. The transfer, calculated for each ACP State and for each product, amounted to the difference between the so-called *reference level,* i.e. the average of export earnings over the last four years, and the actual earnings in a particular year (European Communities 1975: Articles 16 and 19).

The word *participation* represents another new key word of Lome I as the Convention called for the ACP States' involvement in several activities. The

following concordances not only illustrate which actors and procedures the Convention addressed but also demonstrate the positive language used by the Community in this regard.


The word *promotion* mainly appears in the compound noun *trade promotion,* a term that did not occur in any of the earlier agreements. Article 13 of the Convention specifies several trade promotion activities which the contracting parties were to carry out in order to achieve the objectives of their cooperation and for which the Community offered financial support.

The word *landlocked* is also completely new in the Community's language in development cooperation matters for it did not appear in the Treaty of Rome or the two Yaounde Conventions at all. As mentioned above31, the Community tried to address the specific problems of the least developed countries and, in several cases, the particular difficulties of the landlocked and island ACP countries. The range of products benefitting from the stabilisation of export earnings was in fact wider for these countries, since it included all those products whose export earnings amounted to 2.5 per cent of a landlocked country's export earnings, whereas the regular threshold was 7.5 per cent (European Communities 1975: Article 17).

#### *5.4.1.2. Word clusters and terminological domains*

The analysis of the Lome I corpus is rounded off by the generation and study of its word clusters. Due to the large number of words (2,918}, only the key words (276) are used for generating clusters, which helps to reduce the

number of clusters to a manageable amount. The parameters used in WordSrnith, i.e. 2-6 word clusters with a minimum frequency of five, remain unchanged. The resulting clusters are divided into nine terminological domains, which are intended to provide an overview of the key themes of the Lorne I corpus. A summary of the terminological domains is given in table 16, followed by detailed information on individual domains in tables 16.1 to 16.7. Seven multi-word units are listed as *Other,* since they do not fit into any of the categories. <sup>32</sup>


Table 16: Terminological domains in the Lorne I corpus

## *Domain 1* - *Parties to the contract*

Domain 1 includes several word clusters that refer to the contracting parties of Lorne I. They are listed in table 16.1 and include both terms that are new to Lorne I and familiar terms that had been used since Yaounde I.

Table 16.1: Domain 1 - Parties to the contract


32 Due to their lack of relevant terminological information, these word clusters (as well as domains 8 and 9) are not discussed in greater detail.

The terms *ACP States* and *ACP State* are not only by far the most frequent word clusters in this domain, but they also represent one of the major differences between Yaounde and Lome terminology. In addition to the word *Association,* which was disposed of in the negotiations leading to Lome, the expression *Associated States* had to be eliminated, giving way to the term *ACP States,* which has been used ever since. In addition, the expression *least developed ACP States,* completely new to the Community's terminology and referring to a concept derived from the United Nations (UN), is mentioned frequently. Indeed, Lome I paid special attention to this particular group, offering them special provisions, the most important being more favourable terms of financing and special rules under the stabilisation system. While Yaounde II had mentioned the Community's intention of taking into account "the particular problems facing the countries which are at the greatest disadvantage" when apportioning its financial and technical aid (European Communities 1969: Article 23), it had failed to specify which countries were supposed to benefit from this provision or to give clear criteria for its application. Meanwhile, however, the concept of least developed countries (LDCs) had been officially introduced, as the UN General Assembly had identified and declared 25 countries to be the least developed for the first time in 1971, with GNP per capita, the adult literacy rate and industrial production as the key criteria (Hewitt 1982: 134).33 However, the list of LDCs used by the Community in the Lome Conventions was not entirely consistent with the UN list. While it did comprise all those least developed ACP countries which were included in the UN list, it also added countries that were not officially recognised UN LDCs. What is more, some of the preferences granted to LDCs under Lome I were extended to island and landlocked ACP States, only some of which qualified as least developed (Hewitt 1982: 126). Notwithstanding the confusion caused by the use of different lists by different actors, Hewitt claims that the impact was insignificant as several special provisions for the LDCs were "purely rhetorical clauses" anyway (1982: 136).

<sup>33</sup> When the UN introduced the concept of least developed countries in 1971, it used to refer to these countries as the *LLDCs.* By contrast, the abbreviation *LDCs* was employed for the less developed countries at that time. Meanwhile, however, the term *less developed countries* is no longer considered politically correct and has been replaced with the term *developing countries.* As a consequence, the abbreviation *LDCs* now stands for *least developed countries. LLDCs* is used to refer to the landlocked developing countries.

## *Domain 2* - *Institutions of the Convention I the ACP I the EEC*

Domain 2 comprises the institutions of three different groups, i.e. the Lome Convention, the group of ACP States and the EEC.

Table 16.2: Domain 2 - Institutions of the Convention/ the ACP / the EEC


As specified in Title VI, the institutions of the Convention were the Council of Ministers, assisted by the Committee of Ambassadors, and the Consultative Assembly. The Council of Ministers consisted of members of the Council of the European Communities and the Commission on the one hand, and of a member of the government of each ACP State on the other, with meetings taking place at least once a year. The office of President was taken in turns by a member of the Council of the European Communities and a member of the government of an ACP State. Responsible for defining the broad outlines of the work resulting from the application of the Convention, the Council of Ministers was authorised to take binding decisions and to formulate resolutions, recommendations and opinions necessary for a smooth functioning of the Convention (European Communities 1975: Articles 70-74). The Committee of Ambassadors, comprising one representative of each Member State, one representative of the Commission and one representative of each ACP State, was set up for the purpose of assisting the Council of Ministers in the performance of its duties, as the latter was entitled to delegate any of its powers to the Committee (European Communities 1975: Articles 75- 77). Finally, the Convention provided for the establishment of the Consultative Assembly, which, composed on the basis of parity of members of the European Parliamentary Assembly and of representatives designated by the

ACP States, was to consult and adopt resolutions on matters concerning the Convention (European Communities 1975: Article 80).

The ACP Group gave itself an institutional structure, which was formalised by the Georgetown Agreement and provided it with the necessary capacity to act and to speak with one voice. It established the Council of ACP Ministers, comprising the ACP States' members of the Council of Ministers, set up by the Convention, as its coordinating body. Likewise, the Committee of ACP Ambassadors, which was responsible for assisting the Council of ACP Ministers, was composed of the ACP States' members of the Committee of Ambassadors, set up by the Convention.34 The Council of ACP Ministers and the Committee of ACP Ambassadors were assisted by the Secretariat of the ACP States (European Communities 1975: PS Preamble).

The remaining items in table 16.2 are related to the Community, usually referred to as the *European Economic Community or European Communities,* and its institutions, primarily the Council and the Commission.

## *Domain 3* - *Types of cooperation*

Various different kinds of cooperation are mentioned throughout Lome I, which is why they are merged into a separate domain and discussed in more detail.


The only familiar items in the resulting list are the terms *technical cooperation* and *financial and technical cooperation,* which were already used in Yaounde I and II. Title IV of Lome I, covering financial and technical

<sup>34</sup> The term *Committee of ACP Ambassadors* occurs in the Lome I corpus only three times and therefore does not appear in table 16.2. For the sake of completeness, it is mentioned in this section.

cooperation, specified the overall amount of the Community's aid for the duration of the Convention along with the methods of financing, the types of schemes and projects that were to be financed and the parties eligible for aid. *Financial and technical cooperation* can therefore be considered the official term the Community used for its aid programmes and their management.

*Technical cooperation,* when used as an independent term, referred to one of several cooperation schemes that were to receive funding from the Community. Protocol 2 (P2), including guidelines for the application of financial and technical cooperation, specified the content and scope of technical cooperation, distinguishing between technical cooperation linked with investments and general technical cooperation. While the former included the preparation of regional, technical, economic and commercial studies and surveys required to prepare projects as well as temporary aid for the establishment and operation of a particular investment, the latter comprised scholarships for study and training courses, the organisation of training programmes and the preparation of studies of a more general nature, e.g. sectoral studies (European Communities 1975: P2 Article 6).

The remaining items in table 16.3 are new to the Community's terminology used in development cooperation matters. Even the term *trade cooperation* was neither used in the Treaty of Rome nor in the Yaounde Conventions, although trade was an important element of these agreements. By contrast, Lorne I explicitly set out the objective of trade cooperation, viz.

"to promote trade between the Contracting Parties, taking account of their respective levels of development, and, in particular, of the need to secure additional benefits for the trade of ACP States, in order to accelerate the rate of growth of their trade and improve the conditions of access of their products to the market of the European Economic Community" (European Communities 1975: Article 1).

Industrial cooperation represents more than just a new term, as it formed a completely new subject of the Community's development cooperation policy, with an entire section devoted to it. Title III of the Convention defined the objectives of industrial cooperation and the programmes, projects and schemes to this end (1975: Articles 26 and 27). Moreover, it provided for the establishment of a Committee on Industrial Cooperation and a Centre for Industrial Development in order to support the activities in this field (1975: Articles 35 and 36).

While Yaounde I had briefly mentioned the "importance of developing inter-African trade and co-operation" (European Communities 1963: Preamble)

and Yaounde II had pointed to the "desirability of promoting regional cooperation among Associated States and possibly between these and one or more neighbouring States" (European Communities 1969: Article 19), it was not until Lome I that the subject of regional cooperation was seriously accounted for. Furthermore, *regional cooperation* and *interregional cooperation*  were two of only a handful of terms for which Lome I explicitly provided definitions. According to the Protocol on the application of financial and technical cooperation, regional cooperation referred to the "relations either between two or more ACP States or between one or more ACP States on the one hand and one or more neighbouring non-ACP countries on the other" (European Communities 1975: P2 Article 7). By contrast, interregional cooperation was defined as the "relations either between two or more regional organizations of which ACP States form part or between one or more ACP States and a regional organization" (1975: P2 Article 7).

Arrangements for administrative cooperation were dealt with in yet another protocol. A Customs Cooperation Committee was set up, in charge of carrying out administrative cooperation, especially with a view to applying the rules of origin and determining the status of originating products (1975: Pl Article 28).

#### *Domain 4* - *Types of development*

Lome I pointed out several types of development, which form domain 4 and are shown in table 16.4.


Table 16.4: Domain 4 - Types of development

While both Yaounde I and II had mentioned the desirability of furthering industrialisation, the term *industrial development,* closely connected with the field of industrial cooperation, first appeared in Lome I. From the objectives of industrial cooperation listed in Article 26 of Lome I, the term *industrial development* can be understood to include the creation and diversification of industries in the ACP States, e.g. industries processing raw materials and manufacturing finished and semi-finished goods, the sound distribution of industries within the ACP States and between them, and the acquisition of technological know-how (European Communities 1975: Articles 26 and 29).

Similarly, the endeavour to contribute to economic and social development had already been included in the previous agreements, using more or less the same phrases. In Lome, however, the term *economic and social development* appeared in the list of word clusters for the first time, indicating the words' statistical tendency to occur in sequence. This does not only acknowledge the importance of economic and social development, but seems to consider them as mutually dependent. However, the concept of economic and social development is not specified, either in the form of economic indicators or in the form of concrete examples.

## *Domain 5 -Aid-related aspects*

Unsurprisingly, a number of word clusters refer to the area of aid. They are included in domain 5 and listed in table 16.5.


#### Table 16.5: Domain 5 - Aid-related aspects

From the word clusters referring to the field of aid, only a few terms are known from the previous agreements. Among them is *units of account,* which already appeared in both Yaounde I and II. In contrast to the latter agreements, the actual composition of the unit of account in which the Community's financial commitments were expressed was not laid down in the actual text of the Lome Convention but was specified two months later in a separate Council Decision35•

Not completely new to the Community's terminology is the term *special loans.* It refers to one way of providing the monies of the EDF that did exist in Yaounde I and II, but was known under the name *loans on special terms.* 

The term *technical assistance,* which had appeared in Yaounde I but disappeared in Yaounde II, can be found again in Lome I. However, the concept is elusive and it seems that *technical assistance* tended to be used whenever the word *assistance* alone would have been enough, as the following concordances show:


The remainder of table 16.5 is new terms, referring either to real innovations in Lome I or to concepts and procedures which had not been described in the same level of detail in the past. Lome I created two roles to assist in the management of the EDF, viz. the Chief Authorising Officer and the National Authorising Officer. Appointed by the Commission, the former was responsible for committing, clearing and authorising expenditure, for keeping the accounts of commitments and authorisations and for guaranteeing smooth and fair tendering procedures (European Communities 1975: P2 Article 29). In addition, the government of each ACP State was required to appoint a National Authorising Officer, who had to represent the national authorities in all actions concerning projects financed from the Fund's resources, including the preparation, submission and appraisal of projects (1975: P2 Article 30).

<sup>35</sup> Council Decision of 21 April 1975 on the definition and conversion of the European unit of account used for expressing the amounts of aid mentioned in Article 42 of the ACP-EEC convention of Lome (75/250/EEC) Judith Kast-Aigner - 978-3-631-75372-9

Besides the terms used to refer to the functionaries involved, there are further multi-word units in table 16.5 that are connected with projects funded by the Community. The most obvious ones are *projects and programmes, projects or programmes* and *projects financed,* all of which refer to ventures funded by the EDF. Furthermore, the terms *invitations to tender* and *execution of projects* are clearly related to the area of project management. Finally, the expressions *firms of the ACP States* and *national firms* are worth mentioning in this context, for the participation of such firms in projects financed from the Fund's resources was to be promoted (1975: P2 Article 20).

The term *Community aid* was used to refer to the financial resources provided by the Community in general, whereas the term *exceptional aid*  referred to a very specific form of finance. Exceptional aid could be provided to ACP States when faced with serious difficulties arising from natural disasters or other extraordinary circumstances. A so-called *special appropriation*  was constituted within the EDF for these purposes, and an emergency procedure was developed in order to guarantee that exceptional aid could be provided smoothly and quickly (1975:.Article 59).

The terms *export earnings* and *stabilization system* refer to ST ABEX, the most innovative feature of Lome P6• Although these concepts are closely related to the area of trade, they are included in the domain dealing with aid. In fact, they can be considered to relate to both trade and aid. In terms of trade, the stabilisation system applied to the ACP States' earnings from exports of those goods on which their economies were dependent and which were affected by fluctuations in price and/or quantity (1975: Article 16). As far as aid was concerned, the ACP States were promised to receive transfers for the stabilisation of their export earnings, with 12.5 per cent of the EDF being earmarked for this purpose (1975: Article 42).

#### *Domain* 6 - *Trade-related aspects*

The key terms and consequently the major issues in the area of trade are listed in table 16.6.

36 The acronym ST ABEX was not mentioned until Lome IV in 1989. Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access


Table 16.6: Domain 6 - Trade-related aspects

As explained above37, the provisions regarding trade underwent quite significant changes as the concept of reciprocity gave way to a system of nonreciprocal trade preferences. Accordingly, Title I of the Convention, dealing with trade cooperation, laid down that products originating in the ACP States were permitted to be imported into the Community free of customs duties, but not on more favourable terms than the Member States applied among themselves (European Communities 1975: Article 2). Aimed at supporting the ACP States in reaping the benefits of the trade arrangements, Lome I envisaged several activities in the field of trade promotion including staff training, participation in fairs and exhibitions, and market research. Financing for these trade promotion schemes was available through the EDF (1975: Articles 13-14).

Several terms included in the table below are related to the complex issue of determining the originating status of products, as the application of the trade provisions required the Community to introduce clear and detailed rules concerning the concept of *originating products,* which were laid down in a separate Protocol (Pl). In a nutshell, goods were considered products originating in an ACP State if they were wholly obtained in one or more ACP States or if their manufacture involved other products, i.e. products not wholly obtained in one or more ACP States, provided that these had undergone

<sup>37</sup> See Section 5.4

sufficient working or processing in ACP countries as described in detail in the Protocol (1975: Pl Articles 1-5). The most important document in this context, providing evidence of the originating status of products, was referred to as the *movement certificate,* which had to be issued by the customs authorities of the exporting ACP State on exportation of the goods in question. The in-depth description of the necessary procedures and the resultant tasks of the competent public authorities of both the exporting and the importing state explains the high frequency of the terms *customs authorities* and *customs office.* 

The rules regarding sugar from the ACP States represent another topic covered in domain 6. As described above and set out in detail in the Protocol on ACP sugar, the Community undertook to import fixed quantities of cane sugar originating in the ACP States at guaranteed prices. The agreed quantities of cane sugar were to be delivered within a 12-month period from 1 July to 30 June, which was referred to as the *delivery period* (European Communities 1975: P3 Article 1 and 4).

## *Domain* 7 - *Internal aspects of the Convention*

Table 16.7 includes terms which, despite their heterogeneity, all refer to the "inside" of the Convention.

Table 16.7: Domain 7 - Internal aspects of the Convention


Each of the three institutions set up under the Convention was required to lay down its own rules of procedure in order to facilitate the smooth running of all operations. Mutual agreement was considered an important element of the Convention, pointing to the necessity and desire of both the Community and the ACP States to play a part in decision-making. Finally, the issues of privileges and immunities and the operating expenses of the institutions, including travel and subsistence expenditure, were dealt with in separate protocols which were very similar to the corresponding provisions in Yaounde II.

## *5.4.2.* The *Lome II corpus*

The Lome II corpus consists of the complete text of the ACP-EEC Convention as well as the attached agreement, protocols and declarations, amounting to approximately 53,200 words.

## *5.4.2.1. Key words*

On the basis of the word list of the Lorne II corpus, which consists of 3,604 entries, the key words are generated by comparing the Lorne II word list with the word list of the reference corpus. While the preliminary result contains 499 key words, the final list, after eliminating irrelevant words and noise, is made up of 402 key words, the top 60 of which are listed in table *17.* 

Table 17: Key words of Lorne II corpus vs. BNC corpus


A comparison with the corresponding list of key words of the Lorne I corpus shows that there were only minor changes, at least as far as the top 60 are concerned, with more than two thirds of them included in the top 60 in both Lome I and Lome II. The order changed to some extent and several key words, e.g. *resources, assistance, certificate* and *objectives,* moved up the table. Among the top 60 key words of Lome II are only three that are completely new to the language used by the Community, viz. *EUA, undertakings* and *joint.* 

If one looks at the whole set of key words, the proportion of old to new key words is more balanced. Yet with approximately 40 per cent new key words (i.e. 165 out of 402), the latter are still outnumbered by those words that also had key word status in Lome I. A number of selected key words that were new to the Lome II Convention are shown in table 18.


Table 18: Selected new key words of Lome II

The word *joint* has gained in importance, appearing almost three times as often as in Lome I. Its collocates, including organisations (e.g. *joint bodies, joint institutions, joint ventures* and *joint working party)* and activities (e.g. *joint analysis, joint decision, joint evaluation* and *joint responsibility)* illustrate the idea of involvement of both parties.

While Lome I generally referred to businesses as *firms,* Lome II prefers the more general and elusive word *undertakings* and uses the word *firms* more restrictedly. Both Lome I and II define *companies or firms* as

"companies or firms constituted under civil or commercial law, including cooperative societies and other legal persons governed by public or private law, save for those which are non-profit making" (European Communities 1975: Article 63; 1979: Article 161).

The frequent use of the word *undertakings* in Lome II may be the result of attempts to avoid a clear reference to the strictly defined concept of firms and to embrace a broader group of ventures and actors. Its most frequent collocations are *industrial undertakings, small and medium-sized undertakings* and *national undertakings.* 

Another field that received increased attention under Lome II was that of energy. A complete section of the Convention (Title III) was dedicated to mineral products, with one of its chapters dealing with the development of the mining and energy potential of the ACP States, for which the Community was prepared to offer technical and financial assistance (European Communities 1979: Article 57). In addition, the area of industrial cooperation included cooperation in the field of energy, or *energy cooperation* as it is referred to twice, aimed at the development of the energy potential and the self-sufficiency of the ACP States (1979: Article 76).

Likewise, Lome II recognised the importance of the agricultural and rural development of the ACP States, which was not only mentioned in the Preamble but also accounted for in a separate section (Title VI). *Agricultural cooperation,* as cooperation in these areas was called, aimed at assisting the ACP States in solving their problems relating to rural development, the improvement and expansion of agricultural production, and the security of food supplies for their populations. The actual programmes, referred to as *rural cooperation schemes,* included projects for crop production, hydroagricultural improvement schemes, fishery and fish farming projects, and the establishment of agro-industrial units, to name but a few (European Communities 1979: Articles 83 and 84). Lome II provided for the establishment of a Technical Centre for Agricultural and Rural Cooperation, which was intended to enable the ACP States to get "access to information, research, training and innovations in the agricultural and rural field" (1979: Article 88). As far as the security of food supplies was concerned, the Convention stipulated that food aid was considered a temporary measure and that the ultimate aim of the ACP States had to be self-sufficiency in food production (1979: Article 89). Another new key word of Lome II that is frequently used in connection with agricultural cooperation is *exploitation,* with the exploitation of natural resources, agricultural produce, livestock and fishery resources being mentioned in the text of the Convention.

In contrast to the previous agreements, in all of which sums of money were expressed in units of account, Lome II uses the abbreviation *EUA,* short for *European units of account.* In a declaration annexed to the Convention, the Community specified that all amounts were expressed in EUA as defined in the Council Decision of 21 April 1975 but that the Council was free to decide to replace the EUA with the ECU as defined by a Council Regulation in late 1978 (European Communities 1979: Annex **XXXII).38** 

The field of investment also received increased attention in Lome II, with a separate section of the Convention, viz. Title IV, setting out a broad

<sup>38</sup> Council Regulation (EEC) No 3180/78 of 18 December 1978 changing the value of the unit of account used by the European Monetary Cooperation Fund Judith Kast-Aigner - 978-3-631-75372-9

framework. One of the key areas earmarked for investments was, again, energy and mining. The Community agreed to provide "technical and financial assistance to help with the exploitation of the ACP States' mining and energy potential", including both scientific know-how and risk capital (1979: Article 57-58). What is more, Lome II created a system that was meant to support countries whose economies were largely dependent on the mining sector and which were affected by serious disturbances. As regards several mineral products specified in the Convention, countries experiencing or expecting a substantial fall in their export earnings or in their production or export capacity were eligible to receive assistance, provided that the profitability of an otherwise viable line of production was at risk. A special financing facility was set up within the EDF for this purpose (European Communities 1979: Articles 46-52). In a declaration about the scheme for mineral products, unilaterally issued by the ACP States and annexed to the Convention, the developing countries made clear that they were not satisfied with the system's specific design and its range. Not only would they have preferred a system that, similar to ST ABEX, actually stabilised their export earnings from mineral products, but they also wished for a more extensive range of products to be covered (1979: Annex XLII).

The idea of evaluation seems to have gained ground in Lome II. While Lome I had already accounted for the evaluation of Community-funded projects after implementation, Lome II gave more details on the actual evaluation process and, in addition to its references to the ex-post evaluation of projects, used the word *evaluation* in connection with the assessment of the ACP States' needs and potential in earlier stages of the project cycle, i.e. prior to the actual planning and realisation of the project.

Though not a technical term as such, the word *priorities* is worth mentioning as it may be seen as evidence for a trend towards the streamlining and focusing of the contracting parties' funds and efforts. Furthermore, the Community's desire to accommodate the ACP States in the programming of financial and technical cooperation cannot be denied, as the following set of selected concordances of the word *priorities* indicates.

know the development objectives and *priorities* set by each ACP State comply with tn.-deve!q,rnmtot;ectivesand *priorities* of the host ACP State tie in with the development objectives and *priorities* which they set in accordance with the options and *priorities* to be determined by In.- ACP States themselves exchange of views on the ACP State's *priorities* and objectives at regional level

on the basis of the *priorities* laid down by those states according to the *priorities* which these states establish the need to comply with[ ... ] the *priorities* it has set itself programmes must correspond to the [ ... ] *priorities* of the ACP State in accordance with the[ ... ] *priorities* expressed by the ACP States

Trade in bananas is not a topic that is new to the Lorne Conventions. However, it is the first time that the word *bananas* enjoys the status of a key word, appearing in the Lorne II corpus eight times, compared to a frequency of three in Lorne I. A brief study of the respective texts helps to identify the reasons for the increase in frequency. On the one hand, the Protocol on bananas attached to Lorne II includes an additional article accounting for the possibility of the banana-producing ACP States to set up an organisation to improve the production and marketing of bananas on the Community market (European Communities 1979: P4 Article 4). On the other, the wording of the Protocol on bananas attached to Lorne II is by far more cumbersome and clumsy than in Lorne I. The increase in the number of words is therefore not entirely a result of new information on the topic, but rather of a long-winded new protocol.

The diversification of the economies of the ACP States gained in importance in Lorne II. While this topic had already been part of Lorne I, it was added to several provisions in Lorne II, including the chapters on regional cooperation, industrial cooperation and STABEX. As far as the latter is concerned, Lorne II specified several fields to which the ACP States were supposed to devote the transfers they received, one of them being the promotion of diversification of the economy (European Communities 1979: Article 23).

The word *replenishment* was completely new to the language of Lorne II, even though the concept had already formed part of Lorne I. According to Article 42 of the Lorne II Convention, those ACP States that received transfers for the stabilisation of export earnings were required to "contribute [ ... ] *to* the replenishment of the resources made available for the system by the Community", provided that certain conditions specified in subsequent articles were met (1979: Article 42). While Lorne I did have a comparable clause, its rules were slightly different and less detailed than in Lorne II and, what is more, it used the word *reconstitution* instead of *replenishment.* 

## *5.4.2.2. Word clusters and terminological domains*

The final step in the analysis of the Lome II corpus is the identification of word clusters. In view of the large overall number of words (3,604), only the key words (402) are used to this end. The parameters, 2-6 word clusters with a minimum frequency of five, remain unchanged and the results are, as above, organised into terminological domains, reflecting the key issues of Lome II. The outcome, viz. ten terminological domains and one group for those word clusters that defy categorisation, is displayed in table 19. As the results of Lome II overlap with those of Lome I to a considerable extent, only the domains including new word clusters are covered in the analysis below. Detailed information on these domains is given in tables 19.1 to 19.7.


Table 19: Terminological domains in the Lome II corpus

## *Domain 1* - *Parties to the contract*

Word clusters that refer to the parties to Lome II are included in domain 1 and displayed in table 19.1.

Table 19.1: Domain 1 - Parties to the contract"


• new clusters only

As in Lome I, the least developed countries were a major issue in Lome II. Not only does the term *least developed ACP States* appear 23 times, Lome II also contains other terms that refer to the least privileged among the ACP States, which were particularly worthy of the Community's development programmes. In addition to the group of 35 least developed ACP States, two other groups of countries were eligible for special measures. 19 island ACP States were given particular attention, as the Community recognised their "special problems [ ... ] in particular their transport and communication difficulties, within their territories, among themselves, and with the Community" (European Communities 1979: Article 93). Furthermore, 13 landlocked ACP States were granted special treatment in order to address the specific problems resulting from their geographical position (1979: Article 93). While these two groups also qualified for additional measures to accommodate their particular needs, Lome II comprised a number of provisions that applied to the entirety of least developed, landlocked and island ACP States. Domain 7 and table 19.5, respectively, contain expressions that are characteristic of the language used.

As pointed out above39, the Community's partner countries in the South are, throughout the Lorne Conventions, referred to as the *ACP States.* The term *developing countries,* which appears eight times in Lorne II, is not, as one might think, used when referring to the members of the ACP Group, at least not in the official text of the Convention. Instead, it is used in reference to the relations between the ACP States and other developing countries, e.g. as far as cooperation and trade are concerned.

## *Domain 4* - *Types of development*

As table 19.2 shows, only one new type of development crops up in Lorne II, namely rural development.



<sup>39</sup> See Section 5.4.1.2 for information on the word cluster *ACP States* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

Rural development is mainly mentioned in connection with agricultural cooperation, which aimed, *inter alia,* to resolve issues specific to rural areas. Cooperation in rural development was meant to enhance the standard of living for the rural population, increase the security of the ACP States' food supplies and improve the productivity of rural activities, to name just a few of the objectives laid down in Title VI of the Convention (European Communities 1979: Article 83).

## *Domain* 5 *-Aid-related aspects*

Numerous new word clusters appear in the area of aid. They are listed in table 19.3.

Table 19.3: Domain 5 - Aid-related aspects\*


• new clusters only

The term *emergency aid* appeared in Lome II for the first time. The corresponding concept, however, had already been dealt with in Lome I and even in Yaounde II, with the latter two agreements using the term *exceptional aid* instead. While Lome II added several provisions governing the use of this particular type of aid, the original idea remained the same. Incorporated into Judith Kast-Aigner - 978-3-631-75372-9 Title VII, dealing with financial and technical cooperation, exceptional aid could be granted to

"ACP States faced with serious economic and social difficulties of an exceptional nature resulting from natural disasters or extraordinary circumstances having comparable effects" (European Communities 1979: Article 137).

The word cluster *capital assistance* is used in two terms, *quasi-capital assistance* and *risk capital assistance,* with provisions on both included in Article 105 of the Convention. Risk capital assistance, for which approximately six per cent of the EDF was earmarked, was to be used, *inter alia,* to increase - directly or indirectly - the resources of public, semi-public or private undertakings and to grant quasi-capital assistance to such undertakings, to finance studies for the preparation of projects and to provide assistance to undertakings during the start-up period. Quasi-capital assistance as one particular type of risk capital assistance included temporary minority holdings in the capital of the undertakings, which would be transferred to nationals or institutions of the ACP States at a later point in time; subordinated loans; conditional loans to undertakings in certain sectors; and loans to development financing institutions in the ACP States, which they could then use for onlending or acquiring holdings in other undertakings. The terms on which quasi-capital assistance was provided had to be more favourable than those for subsidised loans from the EIB (European Communities 1979: Article 105).

Several terms included in the table below refer to the programming, appraisal, implementation and evaluation of cooperation, all of which are governed in Chapter 4 of Title VII. While these activities had already been a crucial part of Lome I, the complexity and level of detail of the respective rules increased significantly in Lome II. The new terms can therefore be seen as filling the terminological gaps that Lome I had left behind. In this respect, one of the key terms coined in Lome II was the term *indicative programme.* Each ACP State was responsible for drawing up its own indicative programme, which was subsequently discussed with the Community and adopted by mutual agreement (European Communities 1979: Article 108). The indicative programme was supposed to include the guidelines and scope of financial and technical cooperation identified through a prior exchange of views between representatives of the ACP State and the Community, the ACP State's objectives and priorities for which Community funding was required and specific projects and programmes in order to achieve these objectives. The indicative programmes had to be flexible enough to take into account changes

in the economic situation of the ACP States as well as their priorities and objectives. A revision of the programme was scheduled to take place at least once during the period of the Convention (1979: Article 109). Another term that, strangely enough, did not appear in Lome I is *financing agreement.* In Lome II, such an agreement had to be drawn up between the Commission and the ACP State for every project on which a positive financing decision had been taken, laying down "the details of the Fund's financial commitment and the arrangements for and terms of the financing" (1979: Article 115). Further, presumably less relevant, expressions that relate to the project management cycle are *implementation of financial and technical cooperation, implementation of projects* and *placing of the contract.* 

As discussed above40, Lome II created a system to support countries that were largely dependent on the mining sector in the case of serious disturbances. The financial envelope available for this purpose was referred to as *special financing facility.* 

On a more general note, Lome II made frequent use of the terms *financial assistance, the Fund's resources administered by the Commission, financial resources*  and *Community financing,* the former two being completely new to the Community's texts, the latter two appearing only once and twice respectively in Lome I. The terms are very similar and can - to a certain extent - be used interchangeably, as all of them refer to funds provided by the Community to the ACP States. While *financial resources* and *financial assistance* are rather general and neutral terms, both *Community financing* and *the Fund's resources administered by the Commission* accentuate the fact that it is the Community that holds the funds and may decide to provide aid. The latter term is interesting insofar as Lome I had made mention of *the fund's resources managed by the Commission,* but the notion of *management* gave way to the somewhat more restrictive one of *administration.* 

#### *Domain* 6 - *Trade-related aspects*

The area of trade is also enhanced by several new word clusters, which are listed in table 19.4.

<sup>40</sup> See Sections 5.4 and 5.4.2.1 for information on the key words *investment* and *mining* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access


Table 19.4: Domain 6 -Trade-related aspects\*

• new clusters only

The expression *exports to the Community* is not completely new, for it already appeared twice in Lorne I. In both Conventions it is mainly used in connection with ST ABEX, the system for the stabilisation of export earnings. Its frequent use in Lorne II is not so much a result of the modifications of the scheme in terms of content, but rather of a rewording of the text and a growing complexity of the rules, including numerous special arrangements and exceptions.

Likewise, the terms *safeguard measures* and *safeguard clause* had already been - twice and once respectively - mentioned in Lorne I, but details were added and the respective text passages were reworded in Lorne II. In a nutshell, the Community was allowed to take, or to authorise a Member State to take, safeguard measures, if, as a result of the Convention's trade provisions, a sector of the Community's or a Member State's economy experienced serious disturbances or if their external financial stability was jeopardised. These safeguard measures, which could only be adopted after consultations with the ACP States, were to disturb trade between the parties as little as possible and to be restricted to what was absolutely necessary to overcome the difficulties involved (European Communities 1979: Articles 12-13).

The safeguard measures are closely related to the topic of trade in agricultural products, insofar as a joint declaration was annexed to the Convention stipulating that the provisions of the safeguard clause could only be applied to products covered by the Common Agricultural Policy (CAP) if

they were consistent with the specific rules and regulations concerning these products (1979: Annex IV). This ties in with two more word clusters listed in table 19.4, viz. the terms *common organization of the market* and *Common Agricultural Policy,* both of which had already appeared in the Treaty of Rome. The common organisation of the agricultural markets is one of the key elements of the Common Agricultural Policy and, according to the Rome Treaty, takes one of three forms, depending on the product in question: common rules on competition, compulsory coordination of the various national market organisations, or a European market organisation (European Communities 1957: Article 40). As far as the Lome trade regime is concerned, products originating in the ACP States that were covered by the CAP were subject to less favourable provisions concerning their importation to the Community than all other products, yet treatment of these products was supposed to be more favourable "than that granted to third countries benefiting from the most-favoured-nation clause for the same products" (European Communities 1979: Article 2).

In addition to the expressions *originating products, products originating in the ACP States* and *originating status,* all of which had also been part of Lome I, the second Lome Convention frequently used the term *rules of origin* to describe the provisions governing the concept of originating products. The concordances illustrate that the intricacy and rigours of the rules of origin were a thorny issue in Lome II.

cases where the application of the existing *rules of origin* would affect significantly the contracting parties agree that the existing *rules of origin* have to be examined investment in an industry could be deterred by the *rules of origin* 

examine[ ... ) requests for derogations from the *rules of origin* for processed products effect on the[ ... ) least-developed ACP States of the[ ... ] *rules of origin* 

take into account[ ... ) the effects on the *rules of origin* oftedvologimldevelopmmts the contracting parties agree that a manual on the *rules of origin* shall be established indicating especially the conditions in which the *rules of origin* have been respected

Raw materials were given more attention in Lome II. Title V, dealing with industrial cooperation, contained a clause pointing out the importance of domestic processing of ACP raw materials in order to reach "a larger and equitable share of processed raw material in both production and exports of the ACP States" (European Communities 1979: Article 70). Financial and technical assistance, e.g. in the form of feasibility studies and the provision of information on processing technologies, was offered to this end (European 1979: Article 70).

The expression *beneficiary ACP State* appeared in Lome II for the first time, with its use being restricted to Protocol 6, dealing with several tax and customs arrangements in the ACP States that might have hampered the efficient implementation of Community-financed projects in Lome I. For instance, it was laid down that contracts financed by the Community had to be exempt from stamp duties or similar fiscal charges in the beneficiary ACP State (1979: P6 Article 2) and that equipment necessary for carrying out tasks in a study, inspection or supervision contract had to be admitted into the beneficiary ACP State free of duties and charges (1979: P6 Article 7).

Though not a technical term, the expression *movement of goods* is worth investigating. The trade provisions of both Lome I and Lome II allowed for the case that the Community, in order to facilitate the movement of goods, envisaged or implemented measures affecting the interests of the ACP States. The Community agreed to inform the ACP States in such a case and, at the request of the ACP States, to hold consultations in order to come to an acceptable solution (1979: Articles 7 and 8). Likewise, the contracting parties committed themselves to informing and consulting each other in cases where one party considered obstacles to the movement of goods to arise from the other party's rules (1979: Article 16).

#### *Domain* **7** - *LDC-specific aspects*

As mentioned above41, least developed, landlocked and island ACP States were eligible for special measures. Three word clusters that were used to describe these measures are included in table 19.5.


Table 19.5: Domain 7 - LDC-specific aspects

While Title VIII of the Convention was dedicated to general provisions concerning LDCs, the specific rules were scattered over all titles and subjects. Overall, no less than 21 articles dealt with special provisions for these countries. For instance, the least developed ACP States were accorded special priority in the preparation and implementation of micro-projects (European Communities 1979: Article 145), in the financing of support and running costs in the start-up period of capital projects (1979: Articles 152 and 153) and in terms of technical cooperation (1979: Article 139). In addition, the specific problems of the LDCs were to be addressed in the framework of agricultural cooperation (1979: Article 90), as were the specific problems of the landlocked states in the appraisal of studies, projects, programmes and training as well as technical assistance schemes (1979: Article 93). Special treatment was also given to the LDCs when determining the volume of the financial resources for their indicative programmes (1979: Article 106).

#### *Domain 8* - *Mining*

As already discussed42, Lome II put special emphasis on mmmg and energy. The word clusters used in this connection are listed in table 19.6.

Table 19.6: Domain 8- Mining


On the one hand, support came in the form of a newly created system which was meant to assist those ACP States that were largely dependent on the mining sectors "to remedy the harmful effects on their income of serious temporary disruptions affecting those mining sectors" (European Communities 1979: Article 49). On the other, investment projects in the mining and energy sector were considered key to unlock the potential of the ACP States in this area, financed by risk capital from the Community and loans from the EIB (1979: Articles 58 and 105).

<sup>42</sup> See Section 5.4.2.1 for information on the key words *investment, energy* and *mining* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

#### *Other new clusters*

Although they do not fit into any of the domains, some more word clusters deserve to be looked at in more detail.

Table 19.7: Other new clusters"


• selected clusters only

The expressions *objectives and priorities* and *development objectives,* both of which had appeared only twice in Lome I, feature more prominently in Lome II, their respective frequency of appearance increasing to ten and seven. Apparently, the Community felt the need to emphasise that the projects and programmes resulting from the Convention had to be more focused and goaloriented. It is interesting that the text primarily refers to the ACP States' objectives and priorities and not, as one might expect, the Community's goals. This is reflected in the concordances.


While Lome I had made several references to the need to support small and medium-sized firms, Lome II shifted its focus to small and medium-sized industries. The Community committed to contributing to the establishment and development of these industries through financial and technical cooperation as well as the encouragement of joint ventures between small and medium-sized industries of the Community and the ACP States, which was intended to enable a transfer of knowledge and technology (European Communities 1979: Article 69).

The new practice of referring to business entities as *undertakings* (e.g. *industrial undertakings* and *national undertakings)* has already been touched upon above43. The word cluster *economic operators* seems to fit perfectly into this group of vague and indeterminable yet comprehensible expressions. The term is mainly used in connection with trade promotion and industrial cooperation, whenever the need to establish links between the ACP States and the Community is discussed, be it within actual projects or through dialogue and the exchange of information.

## 5.4.3. The *Lome III corpus*

In terms of readability and transparency, Lome III represented a major step forward in spite of the fact that several areas of cooperation were added and the overall length of the texts increased - from approximately 53,000 words in Lome II to 65,000 words in Lome III. The structure of the texts was overhauled completely, which not only resulted in a more coherent and comprehensible cooperation design but also provided much greater clarity as to the terminology used by the Community.

To begin with, Lome III was the first of the Lome Conventions to provide some sort of introduction, presenting the overall objectives and principles of ACP-EEC cooperation, the objectives and guidelines of the Convention in the main areas of cooperation and the principles governing the instruments of cooperation. All these items, together with the provisions concerning the institutional framework of cooperation, were dealt with in Part One of the Convention.

Furthermore, the main text of the Convention was divided into five parts, making a clear distinction between areas of cooperation on the one hand and instruments of cooperation on the other. This is probably the most significant change from Lome I and II, both of which failed to provide a coherent overview of, and distinction between, these two subjects, constantly mixing up the various areas of cooperation and the tools applied and therefore presenting a rather confusing picture. In addition to the new outline of the Convention, the fact that the word *instruments* was hardly mentioned in the

<sup>43</sup> See Section 5.4.2.1 for information on the key word *undertakings* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

earlier Lome Conventions and only obtained the status of a key word in Lome III may indicate that Lome III made a conscious effort to "tidy up" the text of the Convention, aiming at a clearer, simpler and more transparent presentation of its processes and policies.

Table 20 provides an outline of the structure of the first three Lome Conventions. It illustrates the above-mentioned points and serves as the starting point for delving into the terminological issues of Lome III.


Table 20: Structure of the Lome Conventions

Sources: European Communities 1975, 1979 and 1984.

#### *5.4.3.1. Key words*

The Lome III corpus, which contains the complete text of the Third ACP-EEC Convention, the eight protocols attached to it and the Internal Agreement on the financing and administration of Community aid, amounts to 65,000 words. As with the former corpora, a word list and the key words have been generated for the Lome III corpus. Roughly 70 per cent of the key words which are left after eliminating noise and irrelevant items (317 out of 449) also represented key words in one or even both of the previous Lome Conventions. Considering this enormous overlap, table 21 is limited to a selection of 15 key words that are new to Lome III.

Table 21: Selected new key words of Lome III


In all agreements prior to Lome III amounts had been expressed in units of account - only Lome II had used the abbreviation *EUA,* short for *European units of account* - whereas the currency used in Lome III was the European Currency Unit, abbreviated as *ECU.* The composition of the ECU used in the application of the Convention was laid down in a separate Council Regulation44 (European Communities 1985: Preamble).

The word *enterprises,* appearing, strangely enough, only twice in Lome I and not at all in Lome II, features prominently in Lome III. The important role that enterprises were able to play in the ACP States' industrial development was finally recognised as Lome III set down that industrial cooperation was to focus on assistance for the start-up or rehabilitation of enterprises, with special attention being paid to industries for the domestic processing of ACP raw materials, agro-industries, industries capable of creating links between different sectors of the economy (so-called *integral industries)* and industries that positively impact on employment, trade balance and regional integration (European Communities 1984: Article 65). Assistance for the establishment

<sup>44</sup> Council Regulation No. 2626/84 of 15 September 1984, amending Article 1 of Council Regulation No. 3180/78, changing the value of the unit of account used by the European Monetary Cooperation Fund

and development of small and medium-sized enterprises was emphasised, as they were considered essential for the acquisition of skills, the transfer and adaptation of technology, and the involvement of local manpower (1984: Article 67).

Lome III was the first of the ACP-EU agreements to address the possibility of co-financing. Taking the form of either joint or parallel financing, it was supposed to be taken into consideration in the case of large-scale projects which needed more than one source of financing, projects in which Community participation facilitated the participation of additional financial sources, regional or inter-regional projects, to name but a few (European Communities 1984: Article 200).

While it had already been mentioned in Lome I and II, the idea that development was first and foremost considered to be the ACP States' own responsibility, with the Community merely playing a supporting role, was repeatedly pointed out in Lome III. Part One of the Convention laid down that

"the Community shall contribute towards the ACP States' own development efforts by providing adequate financial resources and appropriate technical assistance aimed at stepping up those States' capacities for self-reliant and integrated economic, social and cultural development" (European Communities 1984: Article 19).

The word *efforts* is consistently used in this connection as the following set of (selected) concordances illustrates. The ACP States' own efforts towards selfdetermined, self-reliant and self-sustained development were regarded as an essential prerequisite on which the Community's programmes built.


Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

programmes to complement the *efforts* made by the ACP State concerned provide support for the *efforts* deployed by the ACP States support island ACP States in their *efforts* to overcome the specific natural and geographical difficulties support land-locked ACP States in their *efforts* to overcome the geographical difficulties and obstacles assist these States in their *efforts* to re-establish the viability of the mining sector support their *efforts* to harmonize international cooperation

The word *cultural* indicates one of the less reported yet significant innovations of Lome III, viz. consideration for the cultural development of the ACP States and the need to recognise their cultural and social values. Article 1 of the Convention laid down the objectives of their cooperation, the most basic of which was "to promote and expedite the economic, cultural and social development of the ACP States" (European Communities 1984: Article 1). Additionally, the Convention included a separate title on cultural and social cooperation as one of the key areas of ACP-EEC cooperation. Accordingly, the cultural and social dimension had to be taken into account in the design, appraisal and implementation of projects and programmes, e.g. by providing for implications on the cultural milieu and integrating the local cultural heritage (1984: Articles 116 and 117). Furthermore, cultural cooperation was intended to promote the cultural identities and heritage of the ACP States' peoples, encourage cultural exchanges and foster the dissemination of their cultural property and services (1984: Articles 125-128).

Another area of cooperation was the development of fisheries, aiming to assist in the development of the ACP States' fishery resources in order to increase production for both exports and domestic consumption. The latter ties in with the topic of food self-sufficiency and food security, which received particular attention in Lome III. It is worth mentioning that the results of the WordSmith key word and cluster analyses, in which the terms *self-sufficiency, self-reliant, food security* and *food aid* were identified, are confirmed by Dieter Frisch, who chaired the Lome III negotiations in 1984 and who considers the concept of food security to have been the top priority of Lome III in terms of sectoral policies45• Consequently, cooperation in the agricultural and rural sector, including arable farming, livestock production, fisheries and forestry, was targeted at increasing the ACP States' level of self-sufficiency in food and boosting food security (European Communities 1984: Article 26). Of all the areas associated with self-sufficiency in Lome III, viz. food, energy and

<sup>45</sup> Personal interview, 4 September 2008. Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

regional cooperation, food self-sufficiency was undoubtedly the one that received the most attention.

The major part of the Community's financial assistance came from a fund for which the term *European Development Fund* had been coined in Yaounde I but which had always been simply referred to as *the Fund,* a fact that did not change in the Lome III Convention. In the Internal Agreement on the financing and administration of Community aid, signed by the Member States two months later and hereafter referred to as the *Internal Agreement46,* the abbreviation *EDF* emerged and has been in common use ever since, even in official documents such as the Cotonou Agreement. At the time of Lome III, its usage was restricted to the above-mentioned Internal Agreement and, more importantly, to the term *EDF Committee,* referring to a newly created Community body set up for the purpose of evaluating financing proposals for projects and programmes financed by the EDF (European Communities 1985: Article 19).

As far as commodities are concerned, Lome III comprised provisions on agricultural commodities, cane sugar and mining products, which were included in two parts of the Convention: on the one hand, Part Two, dealing with the areas of ACP-EEC cooperation, included arrangements for cooperation on agricultural commodities; on the other, Part Three, covering the instruments of ACP-EEC cooperation, provided for the application of three specific tools, namely the stabilisation of export earnings from agricultural commodities, special undertakings on sugar and a special financing facility for the mining sector. Neither of these instruments was new, yet the fact that the respective provisions were no longer spread over several titles of the agreement but consolidated under one common title and put into a proper order represented a major improvement. Furthermore, the acronym *SYSMIN*  was coined in Lome III for the special financing facility for mining products.

Another change that Lome III brought about and that should not go unnoticed was the enhancement of sectoral approaches. Financial and technical cooperation was to include, *inter alia,* sectoral programmes (European Communities 1984: Article 187), with programming taking account of a country's sectoral priorities. As a matter of fact, the draft indicative programme, which each ACP State had to submit to the Community, not only had to be directed towards the country's primary development objectives but

<sup>46</sup> The Internal Agreement is included in the Lome III corpus although it is not part of the Convention proper. Judith Kast-Aigner - 978-3-631-75372-9

was also supposed to be based upon "the focal sector or sectors for which Community financial support is considered the most appropriate" (1984: Article 215). Similarly, the evaluation of financing proposals had to take a country's sectoral policies and priorities into account (European Communities 1985: Article 19).

The concept of complementarity was an innovative aspect of Lome III that cropped up in at least three different areas. Firstly, the complementarity of different sectors within an ACP State's economy was considered one of the aims of the cooperation. Secondly, the Community's development initiatives were supposed to be complementary to the ACP States' own efforts (see above). Thirdly, the need for coordination and complementarity of the aid programmes of the Community on the one hand and the bilateral programmes of the Member States on the other was emphasised in the Internal Agreement. It turned out that the latter aspect would become even more important in the future, with the number and complexity of the cooperation programmes increasing over time.

While trade in goods had always clearly represented the focus of ACP-EEC cooperation, Lome III made specific mention of *development of trade and services* as one of the areas of cooperation. In this respect, tourism was to receive particular attention, with the aim to "support the ACP States' efforts to improve services in this industry" and accounting for "the need to integrate tourism into the social, cultural and economic life" of the ACP peoples (European Communities 1984: Article 97).

#### 5.4.3.2. *Word clusters and terminological domains*

As far as the word clusters of Lome III are concerned, the overlap between the results of Lome II and III amounts to approximately 50 per cent. The terminological domains of Lome III have been rearranged to take the increasing complexity of the Convention and the growing variety of areas covered into account. As a result, some of the domains follow the rationale used in the analysis of the previous agreements, while others deviate from the former classification system. What is more, several of them constitute entirely new domains.

Table 22 presents a summary of the terminological domains of Lome III, which is followed by a discussion of the individual domains. This analysis, however, is limited to those domains and word clusters which are either new or particularly interesting from a terminological point of view. Thus, domains 1, 8 and 10 are not discussed in more detail since they do not include any new or terminologically relevant word clusters. By contrast, all the word clusters covered by domains 3 and 4 are included in the analysis as it is important to see the entirety of terms in order to get a clear understanding of the conceptual and terminological developments in these areas.


Table 22: Terminological domains in the Lome III corpus

## *Domain 2* - *Institutions of the Convention I the ACP I the EEC*

Several new word clusters refer to the institutions of the Convention and the contracting parties respectively.



• new clusters only

Lome III emphasised the fact that the institutions of the Convention were joint institutions, making frequent use of this term, which had occurred only once in Lome II and not at all in Lome I. In fact, Part One specified that ACP-EEC cooperation was "underpinned by a legally binding system and the existence of joint institutions" (European Communities 1984: Article 2).

The institutional architecture of the previous Lome Conventions was maintained, with the Council of Ministers, the Committee of Ambassadors and the Joint Assembly as the three main joint institutions. The Joint Assembly was the equivalent of the Consultative Assembly in Lome I and II, consisting of equal numbers of members of the European Parliament on the one hand and "members of parliament, or, failing this, representatives designated by the ACP States" on the other (1984: Article 25). The consultative nature of its work was not affected by the change in name, but was in fact reinforced and specified. In the respective provisions of Lome III, the responsibilities of the Joint Assembly were spelt out much more clearly than in the earlier agreements, pointing to its role as a promoter of the idea of partnership, mutual understanding and public awareness (1984: Article 25).

The ACP-EEC Committee represented an innovation of Lome III. It was set up within the Council of Ministers, which was responsible for appointing the Committee's members on the basis of parity between the ACP States and the Community. The main tasks of the ACP-EEC Committee were to look into problems resulting from the implementation of financial and technical cooperation and to examine whether the goals of financial and technical cooperation were being achieved (1984: Article 193).

While the EDF Committee, mentioned briefly in connection with the newly introduced abbreviation *EDF* for the *European Development Fund47,* also represented a new body, it was not an institution of the Convention but of the Community itself. It comprised representatives of the Member States' governments and, as it was operating under the auspices of the Commission, was chaired by a Commission representative (European Communities 1985: Article 18). According to the Internal Agreement, it was the EDF Committee's responsibility to evaluate proposals for projects or programmes to be funded by the EDF and to give its opinion to the Commission. In cases where the EDF Committee asked for substantial changes in the financing proposal or refrained from voicing a favourable opinion, the Commission had to consult

<sup>47</sup> See Section 5.4.3.1 for information on the key word *EDF*  Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

the representatives of the ACP State concerned and communicate the results to the EDF Committee. If the EDF Committee was not willing to revise its opinion, the ACP State could ask for the matter to be dealt with by the Council or the ACP-EEC Committee, which had to take the final decision (1985: Articles 19-21). In this connection, the latter body was referred to as the *Article 193 Committee,* for it was set up by Article 193 of the Lorne III Convention (1985: Article 20).

The implementation of financial and technical cooperation entailed the establishment of yet another committee, which, as it was set up by Article 22 of the Internal Agreement, was referred to as the *Article* 22 *Committee.* Acting under the auspices of the EIB, it consisted of representatives of the Member States' governments and a Commission representative and was chaired in rotation by the representative of the Member State which chaired the board of governors of the EIB. The main task of the Article 22 Committee was to examine and deliver an opinion on requests for loans with interest rate subsidies and proposals for financing by risk capital. Where it delivered a favourable opinion, the board of directors of the EIB was supposed to take the final decision, based on the Committee's assessment. Where it failed to come to a favourable opinion on a request for a loan, the final decision had to be made by the EIB's board, which was entitled to overrule the Committee. Where it failed to come to a favourable opinion on a proposal for financing by risk capital, the bank was to inform the ACP State concerned, which could ask to refer the matter to the Article 193 Committee or, alternatively, to be given a hearing by the competent body of the EIB. The latter had the option to turn down the proposal or "request that the Member State chairing the Article 22 Committee refer the matter to the Council", which was required to make the final decision (1985: Article 23). This rather lengthy, yet simplistic, report on the tasks of some of the bodies involved may give an idea of the decisionmaking processes concerning the use of EDF resources, which were often criticized for being cumbersome and inefficient.

## *Domains* 3 *and 4* - *Types of cooperation and types of development*

Domains 3 and 4, covering different types of cooperation and development respectively, are discussed together, as the word clusters in these two domains are closely linked and interdependent. While table 22.2 lists different forms of cooperation, the various types of development are covered in table 22.3.

Table 22.2: Domain 3 - Types of cooperation


Table 22.3: Domain 4 -Types of development


The term *ACP-EEC cooperation* is probably the broadest one in domain 3. It first appeared in Lome III, as the earlier agreements did not have an overall term to refer to the cooperation between the ACP States and the Community. Parts One to Four of the Convention defined the elements of ACP-EEC cooperation, including a common vision in the form of objectives and principles, the areas and instruments of cooperation and an institutional framework which underpinned the relationship. Most other types of cooperation listed in table 22.2 refer to the areas and instruments and can be considered pieces of the jigsaw of ACP-EEC cooperation.

Since ACP-EEC cooperation is aimed at development, i.e. the development of the ACP States, it can also be referred to as *development cooperation.* When looking at the two terms within the framework of the Lome Conventions, as is Judith Kast-Aigner - 978-3-631-75372-9 the case in this analysis, they can even be considered synonyms. While the term *ACP-EEC cooperation* indicates the two groups of countries that committed to cooperating, the term *development cooperation* accentuates the objective of their joint efforts. It seems that in Lome III the latter was used rather randomly, almost accidentally, ignorant of the importance that the term would acquire later on.

As in the earlier agreements, the Community's aid system was referred to as *financial and technical cooperation.* While *technical cooperation* was also used frequently, i.e. 20 times, as a separate term throughout the text of the Convention, the expression *financial cooperation* was used only once, as the heading of one of the four chapters within the title dealing with financial and technical cooperation48• According to the relevant chapters in the Convention, technical cooperation aimed to provide "enhanced support for the development of human resources in the ACP States" (European Communities 1984: Article 207) and included technical cooperation linked to operations, e.g. research required to prepare projects and help with the preparation of project dossiers, and general technical cooperation, e.g. studies of the prospects and resources for economic development and diversification in the ACP States and studies of problems that were of interest to the whole ACP Group (1984: Article 208). While the distinction between these two types of technical cooperation was very similar to the one used in Lome I and II, the clause concerning the purpose of technical cooperation was an innovation of Lome III. The text of the Convention does not provide any details for - let alone a definition of - the expression *financial cooperation,* but implies that it simply meant the provision of financial resources, including the EDF on the one hand and loans made from the EIB's own resources on the other. Money from the EDF came in the form of grants, special loans and risk capital, transfers for the stabilisation of export earnings and the special financing facility under the SYSMIN scheme (1984: Article 194). The expression *financial cooperation* can be considered a synonym for *financial assistance,* but seemed to fit in better with the key terminology used by the Community, with its enthusiasm for cooperation in all its shapes and forms. The same may apply to the term *financial and technical assistance,* which is only rarely used (see table 22.9), and

<sup>48</sup> Title III of Part Three of Lome III dealt with financial and technical cooperation. It consisted of four chapters: General provisions (chapter 1), Financial Cooperation (chapter 2), Technical Cooperation (chapter 3) and Implementation Procedures (chapter 4). Judith Kast-Aigner - 978-3-631-75372-9

the more popular expression *financial and technical cooperation.* The latter includes more than just the sum of its parts - financial cooperation and technical cooperation - but must be seen in context. This includes analysing its objectives, its scope of coverage and the rules and principles applying to its implementation. In a nutshell, it is one of the main instruments of ACP-EEC cooperation that was to be applied to several areas of cooperation including agriculture, industry, mining and energy, trade and services as well as regional, cultural and social cooperation. Article 185 lists a number of objectives, which are basically a recapitulation of the stated aims of the Convention and the objectives in the various areas of cooperation, covering both general and specific aspects. At a rather general level, for instance, financial and technical cooperation aimed to support the efforts of the ACP States to achieve self-determined, self-reliant and self-sustained social, cultural and economic development and to help improve the standard of living and the well-being of the ACP States' peoples. More specifically, financial and technical cooperation was aimed at encouraging intra-ACP cooperation and, by means of emergency aid, supporting ACP States faced with natural disasters or other extraordinary circumstances (1984: Article 185).

While agricultural cooperation was not an innovation of Lome III, the term first obtained the status of a key word in the Lome III corpus, along with the respective concept gaining in importance and visibility. It becomes clear from the detailed study of the corpus texts that it is impractical to separate the terms *agricultural cooperation* and *agricultural development* when it comes to describing the related concepts. This is a result of the interdependency of the concepts and also holds true for the other "pairs", viz. *industrial cooperation* and *industrial development, trade cooperation* and *development of trade, social cooperation* and *social development.* 

Generally speaking, agricultural cooperation is the means to achieve agricultural development, yet for both concepts to be understood it is necessary to draw on the associated objectives. Agricultural development can be defined on the basis of these objectives, although the objective of agricultural development, like any development objective, must be considered a moving target, i.e. not a definite and final state but a process. Hence, agricultural development includes increasing the food self-sufficiency and food security in the ACP States, developing their productive systems, improving the living conditions of the rural population and achieving a balanced development of rural areas (1984: Article 12). Agricultural cooperation includes the projects and programmes that contribute to the objective of agricultural development Judith Kast-Aigner - 978-3-631-75372-9 and for which the Community committed itself to providing, on the basis of the Convention and its objectives, adequate financial resources and technical assistance.

Similarly, cultural and social cooperation is the means to achieve cultural and social development. If one defines the latter on the basis of the related objectives, *cultural and social development* refers to a self-reliant development of the ACP States which is driven by their own peoples and includes enhancing their human resources, increasing their creative capacities and promoting their cultural identities (European Communities 1984: Article 114). The term *cultural and social cooperation* refers to the projects, measures and schemes that stimulate cultural and social development and that require financial and technical cooperation as well as a positive and open mindset on the part of the Community.

The only noteworthy addition to the various types of development is the development of trade of services. However, the innovation was primarily in the expression itself, as most of the measures aimed at the development of trade and services had been included in Lome I and II, though they had been labelled *trade promotion* then. What was actually new in Lome III was the fact that services were added, with tourism singled out for particular mention. Examples of specific measures to support the ACP States in the field of tourism, for which the slightly clumsy expression *tourism development measures*  was used, include the development and maintenance of tourism facilities, marketing such as participation in international fairs, training as well as research and development activities (European Communities 1984: Article 98).

#### *Domain 5* - *Agricultural cooperation and food security*

As already mentioned, the field of agricultural cooperation and food security represented one of the priority areas of Lome III. Along with this new area of cooperation came several terms that were completely new to the language used in the Conventions. From a terminological point of view, however, the respective text passages are disappointingly meagre, as they lack clear definitions and provide only little information about the concepts involved.


Table 22.4: Domain 5 - Agricultural cooperation and food security

Food self-sufficiency and food security were explicitly mentioned as the objectives of cooperation in the agricultural and rural sector. Food selfsufficiency can be understood as the capacity of the ACP States to provide their populations with enough food and an adequate level of nutrition (European Communities 1984: Article 26), whereas the concept of food security is harder to pin down. The text of the Convention merely listed several measures aimed at contributing to food security, e.g. encouraging farmers to organise themselves in associations, improving rural productivity by using technology transfers and a sensible exploitation of plant and animal resources, reducing post-harvest losses, diversifying agricultural commodities, ensuring a balance between food crops and export crops, stepping up activities that back up production, and protecting the environment through operations to control drought and desertification (1984: Article 26). The concept of food security may be as diverse as the range of activities that were meant to assist in increasing it. It was a forward-looking and comprehensive approach in that it combined the short-term necessity of providing people with sufficient food with the long-term task of establishing a viable agricultural industry. It can also be seen to go beyond the national level, allowing for regional and inter-regional cooperation and making use of potential complementarities within and between regions (1984: Article 103).

The chapter on agricultural cooperation and food security also included an article addressing the issue of food aid, with Article 35 laying down a set of guidelines to govern the Community's food aid operations concerning the ACP States. It is important to point out, however, that EEC food aid was not primarily dealt with by the Lome Convention, but was governed by the International Food Aid Convention, to which the Community was a signatory. Likewise, the funds for the EEC food aid programme did not come from the EDF, but directly from the Community budget (Clay 1990: 92-93).

Cooperation on agricultural commodities was closely related to agricultural cooperation and food security. According to the Convention, it was meant to support the ACP States' policies and strategies in this area, aiming, *inter alia,* to improve production and marketing conditions, diversify production and encourage local processing (European Communities 1984: Article 45). Not only were "all the instruments and resources of this Convention which may be of help to this sector" (1984: Article 46) to be used, but Lome III also created the Agricultural Commodities Committee, which was responsible for monitoring the application of the Convention in this sector and addressing problems regarding trade in commodities between the ACP and the Community (1984: Article 47). In addition to the above-mentioned cooperation activities, which traditionally remained rather vague and broad, Lome III continued to offer a specific instrument in the field of agricultural commodities. The system to guarantee stabilisation of export earnings from agricultural commodities, STABEX, was maintained, easing some of the strain that fluctuations in the prices or volumes of commodities put on the ACP States (1984: Article 147).

The issue of drought and desertification was addressed in Lome III for the first time. Recognising the destructive power of these phenomena, the ACP States and the Community agreed on several operations to halt the deterioration of natural habitats which were supposed to be part of long-term policies designed and applied by the ACP States, viz. building up knowledge of and the ability to forecast desertification, drawing up inventories of water tables and their replenishment capacity, improving the management of water and establishing systems for the prevention and control of bush fires and deforestation (European Communities 1984: Articles 40-41). In addition to these measures and only as soon as a return to the natural balance was conceivable, Lome III envisaged the incorporation of a scheme referred to as *drought and desertification control* into all agricultural and rural development operations. For example, agricultural production would shift to plant species that were better adapted to local conditions; techniques aimed at maintaining the productivity of land and controlling erosion were to be implemented; and research in the area of renewable sources of energy was expected to enable a more economical use of wood (1984: Article 42).

In a sense, the term *agricultural products* is the odd one out in this category, for it is mainly used in a different context, i.e. the trade arrangements between the Community and the ACP States and the respective exceptions from the principle of free market access to the Community market applying to agricultural products (European Communities 1984: Article 130).

## *Domain* **6** - *Industrial development*

Domain 6 deals with industrial development, with table 22.5. listing the word clusters used in this area.


Table 22.5: Domain 6 - Industrial development

The word clusters *industrial enterprises* and *industrial projects* were new to Lome III. Both are mainly related to the activities of a body formerly (i.e. in Lome I and II) known as the *Centre for Industrial Development* and in Lome III referred to as the *Centre for the Development of Industry.* Its task was to assist in the establishment and restoration of industrial enterprises in the ACP States, giving top priority to, *inter alia,* small and medium-sized industrial enterprises, and the identification and promotion of viable industrial projects (European Communities 1984: Articles 71-72). A comparison with the corresponding provisions of Lome I and II reveals that the terminology used in the Conventions evolved gradually. While Lome I basically tried to prepare the ground by identifying the "conditions and opportunities for industrial cooperation" (European Communities 1975: Article 36), Lome II was somewhat more specific, aiming to "establish and strengthen industrial undertakings in the ACP States" (1979: Article 79). In Lome III, the expression *industrial undertakings* was mainly replaced with the above-mentioned - and certainly even less general - *industrial enterprises* and *industrial projects.* 

## *Domain* 7 - *Mining and energy*

Mining and energy was, just as in Lome II, a priority area of cooperation. Some of the word clusters used in this area are listed in table 22.6.


Table 22.6: Domain 7 - Mining and energy

The terminology used did not undergo significant changes and the "new" terms identified in this respect, i.e. *mining products, energy potential* and *export capacity,* arise as a result of them appearing more frequently in Lome III than in the former Conventions rather than because they occur for the first time.

#### *Domain 9* - *Financial and technical cooperation*

The traditional areas of cooperation, i.e. financial and technical cooperation and trade cooperation, did not experience marked changes, with the result that the existing terminology endured. There is only one peculiarity that seems to be worth exploring.

Table 22.7: Domain 9 - Financial and technical cooperation\*


• selected clusters only

In contrast to Lome I and II, where it appeared only five and three times respectively, the term *Community aid* represented - given its number of occurrences, viz. 19 - one of the most frequent word clusters in the domain dealing with financial and technical cooperation in Lome III. A second glance reveals that the term mainly crops up in the Internal Agreement and not in the Convention *per se.* Interestingly, Community aid is hardly ever mentioned in the latter, whereas it is a popular term in the former, with *Community* even being the most frequent collocate of the word *aid.* It could be that the use of the term *Community aid* was deliberately avoided in the text of the Convention in order not to compromise the equality of partners, an idea so precious to the ACP States. In the Internal Agreement, however, the Community was less reluctant to point out its role as the provider of aid.

## *Domain 11* - LDCs *and LDC-specific aspects*

As to the least developed, landlocked and island ACP States, Lome III did not introduce any major innovations, either from a conceptual or from a terminological point of view.


Table 22.8: Domain 11 - LDCs and LDC-specific aspects\*

• new clusters only

WordSmith identified two new phrases in this field, viz. *special attention*  and *specific needs,* both of which were used to elaborate on the measures applying to LDCs. This can be seen in the introductory provision, outlining the Community's general approach towards these countries:

"Special attention shall be paid to the least-developed, land-locked and island ACP States and the specific needs and problems of each of these three groups of countries in order to enable them to take full advantage of the opportunities offered by this Convention" (European Communities 1984: Article 255).

## *Domain 12* - *Cross-sectional issues*

The terminological domain covering cross-sectional issues and the corresponding table contain multi-word units which occur in several thematic areas.

**Word clusters**  1 NATIJRAL RESOURCES 2 OBJECTIVES OF THIS CONVENTION 3 RESOURCES AVAILABLE 4 A TI AINMENT OF THE OBJECTIVES 5 FINANCIAL AND TECHNICAL ASSISTANCE 6 OPTIMUM USE 7 TRANSFER OF TECHNOLOGY 8 RESEARCH AND DEVELOPMENT 9 RESOURCES OF THE ACP ST A TES **Frequency**  12 8 7 6 6 6 6 5 5

Table 22.9: Domain 12 - Cross-sectional issues\*

• selected clusters only

Not only was the importance of natural resources given more weight in Lome III, but it also seems that the role of the natural environment in general was perceived differently. Unlike Lome I and II, which mentioned natural resources solely in connection with their exploitation, Lome III provided a more differentiated view, accounting for the exploration and exploitation of natural resources on the one hand and their conservation and protection on the other. In actual fact, the Convention laid down that "halting the deterioration of land and forest potential, re-establishing ecological equilibria, protecting natural resources and exploiting them efficiently" represented objectives which would contribute to the improvement of their peoples' living conditions (European Communities 1984: Article 39). This is connected with the expression *optimum use,* another new word cluster, which appears in the Lome III corpus six times. The optimum use of the ACP States' endowments, in particular water and the living resources of the sea, was recognised as an import aspect of cooperation.

The expression *resources of the ACP States* also refers to natural resources, whereas the word cluster *resources available* is mainly used to refer to the financial resources provided by the Community under its ST ABEX and SYSMIN programmes. The overall amount to be used for the two schemes for the duration of the Convention was divided into equal annual instalments, which represented the resources available for each year of application.

The striking number of occurrences of the new word clusters *objectives of this Convention* and *attainment of the objectives* reflects the fact that Lome III sharpened the focus on objectives. In comparison to Lome II, which had already taken a step towards goal orientation, Lome III made a leap forward. Its achievement was not so much the increase in the absolute number of occurrences of the word *objectives* (i.e. from 23 and 44 in Lome I and II, respectively, to 75 in Lome III), but rather the reorganisation of the text. In particular, the idea of addressing the objectives of the Convention in the introductory text prepared the ground for the information on the areas and instruments of cooperation that was to follow and made sure that the whole text of the Convention could be seen against the background of its objectives. In addition to the overall objectives and principles of cooperation, Part One of the Convention listed the specific goals to be pursued in the individual areas of cooperation (e.g. agriculture, industry) and with the various instruments (e.g. trade cooperation, STABEX). These specific goals were then repeated in Part Two and Part Three of the text, elaborating on the areas and the instruments of ACP-EEC cooperation respectively.

The transfer of technology and support in the field of research and development, topics that had hardly been touched upon in Lome I and II, were incorporated into several areas of ACP-EEC cooperation. For instance, research and development programmes were to be part of industrial cooperation, energy and mining and agricultural cooperation, the latter occasionally being referred to as *agricultural research.* Likewise, the transfer of technology was supposed to be enabled in various sectors, as diverse as regional cooperation, fisheries, transport and communications, and industrial cooperation.

## *5.4.4. The Lome IV corpus*

The text structure that had been introduced with Lome III was maintained in the Lome IV Convention, which was signed in 1989. As mentioned before, Lome IV was - in contrast to all previous agreements - concluded for a period of ten years, stipulating that the provisions of the Convention would be reviewed and, if necessary, amended after five years (European Communities 1989: Article 366).

The Lome IV corpus comprises the complete text of the Fourth ACP-EEC Convention, the attached protocols and declarations as well as two internal agreements dealing with the financing and administration of Community aid and the measures required for the implementation of the Convention respectively. In terms of number of words, there was a substantial increase from 65,000 in Lome III to around 96,200 words in Lome IV.

#### *5.4.4.1. Key words*

In order to arrive at the key words of the Lome IV corpus, the word list, which consists of 5,073 entries, was compared with the reference word list. Once irrelevant words and noise are removed, the initial number of key words, i.e. 739, drops to 586. Almost two-thirds of these words have key word status in both, Lome III and Lome IV, and therefore do not represent new items. In fact, only 180 key words are completely new, having appeared in none of the three previous Lome Conventions. Fifteen of them are displayed in table 23.


Table 23: Selected new key words of Lome IV

Slowly but surely the Community began to acquire a taste for abbreviations. Lome IV featured three new abbreviations, viz. *CDI, ST ABEX*  and *PMDT.* Only the latter is completely new in the sense that neither the expression *processing, marketing, distribution and transport* nor its short form *PMDT* had been mentioned in any of the earlier agreements. Under Title IV of Lome IV, which dealt with cooperation on commodities, the contracting parties recognised the ACP States' dependency on their exports of commodities and their need to overcome the structural difficulties in their commodity sectors, and therefore agreed to promote the horizontal and vertical diversification of the ACP States' economies. One of the main strategies with this end in mind was the development of PMDT (European Communities 1989: Articles 18 and 70).

While the abbreviation *CDI* was new to Lome IV, the Centre for the Development of Industry, for which *CDI* stands, was not. The Centre had already been set up in 1975, although it was then referred to as the *Centre for Industrial Development.* Its name was changed to *Centre for the Development of Industry* in Lome 11149• Lome IV aimed to strengthen the role of the Centre, calling for increased operational presence in the ACP States and close cooperation with the Commission and the EIB (European Communities 1989: Articles 94 and 95). Furthermore, it set out the Centre's tasks and responsibilities much more clearly and in more detail, which added to the CDI's visibility.

The acronym *ST ABEX,* which referred to the *system for the stabilization of export earnings,* was also only introduced in Lome IV, although the system was established by Lome I and had been one of the key elements of the Convention ever since. While STABEX was very popular with the ACP States, the implementation of the system's complex rules was becoming increasingly difficult. This is evidenced by the fact that as many as eight joint declarations were annexed to the Convention, dealing with details of the application of the

<sup>49</sup> See Section 5.4.3.2 (domain 6- industrial development) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

system and trying to clarify fine points that had given rise to misunderstandings and misinterpretations in the past.

Of all the new key words in Lome IV, the word *adjustment* may be the most significant one. As mentioned above50, structural adjustment was, together with debt management, the main feature of a global movement towards aid conditionality, which was driven by the Washington institutions. As a matter of fact, a considerable part of the EDF, i.e. about 10.5 per cent, was earmarked for structural adjustment support, making the provision of financial aid dependent on the implementation of macroeconomic or sectoral reforms and indirectly giving the donor countries a say in the ACP States' monetary, budgetary and fiscal policies. The provision of financial resources for structural adjustment programmes was subject to the same rules concerning their implementation as the provision of funds for all other programmes and schemes. Like the so-called *draft indicative programmes,* which the ACP States had to draw up and submit, the ACP States had to file a request for structural adjustment support, containing an outline of the underlying problems, the measures and actions taken or planned, the areas in which support was needed, and an estimate concerning the costs and duration of the support programme (European Communities 1989: Article 250). Based on such a request, the Community and the ACP State concerned would then hammer out an agreement on a structural adjustment programme, which would receive Community funding. Only those ACP States whose reform programmes were already acknowledged and supported by the "principal multilateral donors", i.e. the IMF and the World Bank, or which were agreed with these donors without receiving financial support from them, did not have to go through this process but were treated "as having automatically satisfied the requirements for adjustment assistance" (1989: Article 246). This exception is evidence of the Bretton Woods institutions' enormous influence on the Community's development cooperation policy in the 1980s and 1990s.

While structural adjustment programmes were supposed to be "sustainable, effective and growth-oriented" (1989: Articles 26 and 220), the Community was well aware of the negative social effects that the programmes were likely to produce, especially on vulnerable groups such as women, children, the elderly and those with special needs (1989: Articles 226 and 244). In order to address social hardship, Lome IV provided for the possibility of using counterpart funds that were generated by Community instruments such

<sup>50</sup> See Section 5.4

as food aid for the funding of "measures to attenuate the negative social consequences of structural adjustment" (1989: Articles 226).

Debt management and structural adjustment support presented the most visible, but not the only features of aid conditionality. Political conditionality took more subtle forms, as the issue of human rights illustrates. Not only do both words, i.e. *human* and *rights,* represent new key words, but the term *human rights* is also one of the most interesting new word clusters of Lome IV. In comparison to Lome III, in which the sensitive subject of human rights was deliberately left out of the main text of the Convention and only briefly touched upon in the Preamble and the Annex, human rights took a more prominent position in Lome IV. In Article 5 of the Convention, the contracting parties agreed that cooperation was to be directed towards "development centred on man", which included respect for and promotion of all human rights (European Communities 1989: Article 5). Respect for human rights was recognised as a key aspect of development, with cooperation representing an adequate tool to promote these rights. Even more, the parties expressed "their deep attachment to human dignity and human rights" and pointed out that all kinds of human rights were equally included in their declaration:

"The rights in question are all human rights, the various categories thereof being indivisible and inter-related, each having its own legitimacy: non-discriminatory treatment; fundamental human rights; civil and political rights; economic, social and cultural rights" (European Communities 1989: Article 5).

The scope of this definition is remarkable, the more so as Lome III had mentioned human rights only in connection with economic, social and cultural rights. By including civil and political rights, the Community had managed to cross a boundary, paving the way for more effective means of dealing with human rights issues in the future.

Coordination also received increasing attention under Lome IV, with the need for coordination arising in a variety of contexts and between several different actors. The Convention called for coordination of the policies of the individual ACP States, e.g. the food policies of the ACP States in the field of agricultural cooperation (European Communities 1989: Article 42); coordination between the policies of the ACP States on the one hand and the Community on the other, e.g. in connection with food security (1989: Article 49); coordination between the ACP authorities and the Community institutions, e.g. in the area of industrial cooperation (1989: Article 87); coordination between the individual Community institutions, e.g. in the area

of investment support (1989: Article 272); coordination between the Community and other actors, e.g. with other donors (1989: Article 251) or private investors (1989: Article 267); and coordination within the Community, i.e. between the Member States' bilateral aid programmes and the Community's programmes (European Communities 1991: Articles 17 and 21). The necessity of coordination presumably arose from several factors. For one thing, the number of signatory states had grown considerably. While 46 ACP States and nine Community Member States had been signatories to Lome I, Lome IV was signed by 68 ACP and twelve European States. For another, the areas of cooperation had gradually expanded, resulting in new policies, programmes and financial instruments. Furthermore, the establishment of numerous committees to support the activities of the joint institutions and the involvement of local actors in the framework of decentralised cooperation inevitably added to the need for coordination.

The word *mobilization,* another new key word in Lome IV, was mainly used in regard to co-financing and investment promotion. The mobilisation of additional sources of funding, i.e. both public and private capital, was deemed necessary to supplement the resources provided by the Community, e.g. for large-scale projects. Furthermore, the mobilisation of domestic savings was meant to contribute to capital formation and the development of enterprises (European Communities 1989: Article 258). In fact, money from the EDF could be used by the ACP States for the purpose of providing assistance for the mobilisation of private capital (1989: Article 269).

Several new key words of Lome IV were related to the interdependencies of development and nature, viz. *renewable, environment, preservation, sustainable*  and *rational.* The preservation of the environment was not a completely new topic, but its importance and relevance were emphasised in Lome IV, the more so as the environment was formally added to the areas of ACP-EEC cooperation. Lome IV called for development based on a "sustainable balance between its economic objectives, the rational management of the environment and the enhancement of natural and human resources" (European Communities 1989: Article 4). The contracting parties realised that the development and existence of several ACP States were seriously threatened by the deterioration of the environment (1989: Article 34). They therefore agreed to adopt a preventive, systematic and trans-sectoral approach in their activities: preventive, i.e. aiming to avoid the harmful effects of their operations on the environment from the outset; systematic, with the ecological impact of projects being monitored at all stages; and trans-sectoral, as the Judith Kast-Aigner - 978-3-631-75372-9

indirect consequences of operations for other sectors were also supposed to be considered (1989: Article 35). More specifically, this approach included environmental impact assessments of projects and the re-evaluation of the individual areas of cooperation with a view to their environmental soundness and compatibility (1989: Article 37 and 38). In addition, some areas of cooperation were singled out as they provided the opportunity to make immediate and direct contributions to environmental protection. For example, cooperation in the field of energy was, *inter alia,* aimed at conserving biomass resources, encouraging the use of renewable sources of energy and promoting a sustainable and rational use of energy (1989: Article 106).

In addition to its relevance for natural resources, the word *preservation* was also used in connection with the ACP States' cultural heritage. The recognition and preservation of the cultural identities of the ACP peoples were not only an integral part of cultural and social cooperation (European Communities 1989: Article 145), but were also intended to support the development and promotion of tourism in the ACP States (1989: Article 122).

The word *multilateral* acquired key word status in Lome IV, which does not come as a surprise considering that the globalisation of the economy was already on the rise. In Lome IV, it was primarily mentioned in the context of trade in services, another new - yet still minor - point in the Convention. Basically, the contracting parties endorsed the idea of a progressive liberalisation of trade in services and declared their willingness to cooperate in this sector when the outcome of the multilateral trade negotiations that were ongoing at the time was known (European Communities 1989: Article 185).

#### *5.4.4.2. Word clusters and terminological domains*

The final step in this analysis, viz. the calculation of word clusters, aims to identify all the 2-6 word clusters that appear in the Lome IV corpus at least five times. In view of the large number of words {5,073), the clusters are generated on the basis of the key words only. After deleting related clusters and noise, 304 word clusters remain, representing an increase of more than 50 per cent compared to Lome III, which featured 198 word clusters.

The resulting word clusters are grouped into twenty terminological domains, with 34 items not fitting into any of these domains and therefore listed as *Other.* In order to account for the new topics of Lome IV and the resulting increase in word clusters, several new domains, e.g. *Debt and*  *structural adjustment support* (domain 6) and *Thematic issues* (domain 15), have been introduced. Furthermore, some familiar groups, such as the domains covering trade and aid, have had to be further subdivided in order to maintain clarity and lucidity. Table 24 presents a summary of the terminological domains of Lome IV, with information on the individual domains following in tables 24.1 to 24.15. Except for the new domains, which are shown in their entirety, the tables are - due to the multitude of word clusters - limited to the new entries (unless stated otherwise).


Table 24: Terminological domains in the Lome IV corpus

## *Domain* 2 - *Institutions of the Convention I the ACP I the EEC*

Table 24.1 shows several new word clusters referring to the institutions of the Convention, the ACP Group and the Community.


Table 24.1: Domain 2-Institutions of the Convention/ the ACP / the EEC\*

Three of the institutions listed in table 24.1 were active in the field of industrial cooperation, viz. the Committee on Industrial Cooperation, the Advisory Council, and the Centre for the Development of Industry. While none of them were new to Lome IV, they had so far been missed by the WordSmith clustering facility as a result of their low frequency of occurrence. The Committee on Industrial Cooperation was mainly concerned with reviewing the progress in the field of industrial cooperation and, if necessary, submitting recommendations for improvements to the Committee of Ambassadors. Moreover, it was responsible for examining any problems or issues about which it had been informed by the contracting parties. While the Committee on Industrial Cooperation was supervised by the Committee of Ambassadors, its composition was determined by the Council of Ministers (European Communities 1989: Article 87). In order to account for the point of view of industrial operators in its work, the Committee on Industrial Cooperation could consult the Advisory Council, which consisted of 24 industrialists and experts on industrial development, with the Commission, the EIB and the ACP Secretariat acting as observers (1989: Article 88). In addition to the tasks set out above, the Committee on Industrial Cooperation had to decide on the members of the so-called Executive Board, all six of which had to be "persons with substantial experience in the private or public industrial or banking sectors or in industrial development planning and promotion" (1989: Article 92). The Executive Board can be considered the link between the Committee on Industrial Cooperation and the Centre for the Development of Industry (CDI). It represented a joint body which was to provide advice to the CDI's management and to develop the CDI's strategy, which was subsequently adopted by the Committee on Industrial Cooperation Judith Kast-Aigner - 978-3-631-75372-9 (1989: Articles 87 and 92). The main tasks of the CDI were the identification of industrial operators for economically viable industrial projects as well as assistance in the implementation of those projects (1989: Article 89). Furthermore, it was concerned with the identification of opportunities for industrial cooperation between the contracting parties with a view to establishing and strengthening industrial enterprises in the ACP States and, generally speaking, promoting the industrial development of these countries (1989: Articles 89-90).

Both secretariats listed in table 24.1, the General Secretariat of the Council and the ACP Secretariat, were well-established bodies, representing new word clusters simply because they had not appeared frequently and in that form respectively before. While the full name of the former was the *General Secretariat of the Council of the European Communities,* the latter was also referred to as the *Secretariat of the ACP States* or *ACP General Secretariat.* Similarly, the expression *Council of ACP-EEC Ministers* was used synonymously with *Council of Ministers* and *ACP-EEC Council of Ministers,* all of which referred to one of the Convention's joint institutions.

The establishment of the Technical Centre for Agricultural and Rural Cooperation, abbreviated as *CT A* (for the French expression *Centre technique pour l'agriculture),* had already been provided for in Lome 11.51 While the CTA was originally set up in the Netherlands, in Lome IV the contracting parties agreed to examine the subject of relocation to an ACP State (European Communities 1989: Annex XII). As a result, two regional branch offices, one in the Caribbean and the other one in the Pacific, were established in order to assist the Centre in these regions (CT A 2008: 70).

The ACP-EEC Development Finance Cooperation Committee represents another entity that had already existed prior to Lome IV. While its original name, i.e. *ACP-EEC Committee,* was maintained, the more elaborate and meaningful term *ACP-EEC Development Finance Cooperation Committee* was introduced in Lome IV. The Committee was set up within the Council of Ministers, consisting, on a basis of parity, of representatives of the ACP States and of the Community (European Communities 1989: Articles 325 and 326). In general, its main tasks were to examine whether the objectives of development finance cooperation were being achieved and to look into any problems that resulted from this cooperation (1989: Article 325). On the basis of annual

<sup>51</sup> See Section 5.4.2.1 for information on the key words *agricultural* and *rural*  Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

reports on the management of development finance cooperation, which the contracting parties were required to produce, and an annual report on the monitoring and evaluation operations, jointly prepared by the Commission and the ACP Secretariat, the ACP-EEC Committee had to compile an annual progress report for the Council of Ministers. In addition, it had to inform the Council of the major problems experienced in the implementation of the ACP-EEC development finance cooperation and to recommend measures aimed at the attainment of its objectives (1989: Article 327).

The Commodities Committee was another joint body established in Lome III and renamed in Lome IV. While it was set up under the name of *Agricultural Commodities Committee* in Lome III, its name was shortened to *Commodities Committee* five years later. Composed of representatives of the ACP States and of the Community, it was responsible for monitoring the implementation of the Convention in the field of commodities and assist in the search for solutions to the structural problems of the commodities sector (European Communities 1989: Articles 75 and 76).

Finally, the expression *ACP Group of States* was a way of referring to the ACP States in their entirety, with the corresponding entity on the part of the Europeans being the European Economic Community. The text of the Convention referred to the ACP Group of States only six times, whereas the word *Community,* which was generally used to refer to the EEC, was mentioned 649 times. However, references to the members of these groups show a completely different picture. The members of the ACP Group of States, referred to as the *ACP States,* and the members of the Community, referred to as the *Member States,* were mentioned 860 and 157 times, respectively. These figures suggest that the ACP States were still not quite perceived as a group, but were rather seen as individual countries. In comparison to the weight of the EEC, the status of the ACP Group of States was relatively modest.

## *Domain* 3 - *Types of cooperation*

Table 24.2 shows the word clusters that refer to types of cooperation and that had not been used prior to Lome IV.

Table 24.2: Domain 3 - Types of cooperation\*


Probably the most significant change in the terminology of the Community's development cooperation policy that occurred in Lome IV was the fact that the term *financial and technical cooperation* was replaced with *development finance cooperation.* While the former did not disappear completely, it was mentioned in the text only three times, without following a particular pattern. The umbrella term for the provision of financial resources and technical assistance under Lome IV was *development finance cooperation.* Similar to financial and technical cooperation in Lome III, development finance cooperation was described in terms of a set of objectives and principles, the scope of financing and the areas in which projects and programmes were to be carried out. Even though the list of objectives had already been quite extensive in Lome III, several new items were added in Lome IV, e.g. striving for additional funds from other financing agencies and promoting both domestic and foreign direct private investment (European Communities 1989: Article 220). Unsurprisingly, the intention to contribute "to the attenuation of the debt burden, which is a major constraint on the development prospects of ACP States" and to mobilise resources for adjustment programmes was added to the objectives of development finance cooperation (1989: Article 220), a minor yet important detail that was needed to justify the large amount of money earmarked for debt and structural adjustment support under Lome IV.

This fits in with a change - the only change - that was introduced to the principles of development finance cooperation. In Lome III financial and technical cooperation was to "be given on the most liberal terms possible for the Community" (1984: Article 186), whereas Lome IV called for development finance cooperation "to be provided on very highly concessional terms" (1989: Article 221). In the light of the Community's focus on the reduction of the ACP States' debt burden, this minor rewording could be considered indicative of the Community's move to a more stringent approach to the granting of loans to the ACP States.

Despite the name change, Title III of the Convention, dealing with development finance cooperation, included a chapter on both technical cooperation and financial cooperation. Furthermore, it covered regulations regarding the implementation of development finance cooperation, which governed the process of aid programming, the identification, preparation and appraisal of projects as well as the tender procedures (1989: Title III, Chapter 5). Unlike Lome III, development finance cooperation also incorporated detailed provisions on investment, including rules regarding the promotion, protection and financing of investment (1989: Title III, Chapter 3). Judith Kast-Aigner - 978-3-631-75372-9

*Technical cooperation* was still a frequently used term, appearing in the corpus 26 times and mainly referring to assistance in the development of the ACP States' national and regional manpower resources (1989: Article 275). As in the earlier agreements, the term *financial cooperation* was only used in the title of the chapter specifying the terms and conditions of financing as well as the rules on co-financing, micro-projects and emergency assistance (1989: Title III, Chapter 2). The common way of referring to the provision of funds to the ACP States was by using the term *financial assistance.* 

Lome IV envisaged greater cooperation by encouraging initiatives from "all parties from the ACP States and the Community which are in a position to contribute to the autonomous development of the ACP States" (European Communities 1989: Article 20). This form of cooperation was referred to as *decentralized cooperation* and was aimed at involving decentralised public authorities, rural and village groupings, trade unions and non-governmental organisations, to name but a few (1989: Article 20). Provided the activities of these actors complied with the guidelines and priorities of ACP-EEC development cooperation, they could apply for financial resources from the EDF (1989: Articles 21 and 22).

## *Domain 4* - *Types of development*

Quite a few new types of development were mentioned in Lome IV. They are listed in table 24.3.


Table 24.3: Domain 4 - Types of development\*

• new clusters only

Lome III had covered the development of trade and services under the same title (Title VI}, whereas Lome IV dealt with these topics individually. As a result, the areas of ACP-EEC cooperation included a separate title on the development of services (Title IX) and another one on trade development Judith Kast-Aigner - 978-3-631-75372-9 (Title X). Cooperation in the area of trade development did not include any major changes or innovations, for the text of Title VI in Lome III (covering trade and services) was repeated almost verbatim. There was one change, though, with regard to the financing of trade development. In addition to the funds that the ACP States were prepared to allocate to trade development within their respective national indicative programmes, the Community stipulated that part of the resources earmarked for regional projects were to be used for "regional programmes pertaining to trade development" (1989: Article 138).

In contrast to trade development, the development of services brought up several new points. The main aim of cooperation in the area of services was to improve the ACP States' domestic capacity to provide services in order to improve the overall functioning of their economies, to ease balance of payments pressures and to foster regional integration (European Communities 1989: Article 114). Three areas were singled out for particular attention, i.e. services that support economic development, tourism and transport, and communications and information technology (1989: Article 115).

Services that support economic development again covered three fields: firstly, services that support external trade such as the automation of customs procedures, port and airport management and the development of trade financing and clearing (1989: Article 118); secondly, services required by the business sector, including the development of business advisory services such as legal advice and tax consultancy and improving the ACP States' capacity in financial services (1989: Article 119); and thirdly, services that support regional integration, e.g. the establishment of regional services centres to assist in the implementation of joint sectoral policies (1989: Article 120).

The provisions on the development of tourism in Lome IV were far more extensive and detailed than in the earlier agreements, covering measures "at all levels, from the identification of the tourist product to the marketing and promotion stage" (1989: Article 121). Cooperation activities were aimed at human resources and institutional development (e.g. education and training of people active in the tourism sector and the establishment of tourism promotion centres), product development (e.g. the creation of non-traditional tourism products emphasising the preservation of cultural heritage, ecological and environmental aspects), market development (e.g. access to central reservation systems) and research and information (1989: Article 122).

Enterprise development was a new area of cooperation, as the contracting parties recognised the importance of enterprises and entrepreneurship not only in order to strengthen the ACP States' economies, create jobs and increase income levels, but also to encourage foreign investment. Therefore, a larger portion of the financial resources was supposed to be channelled to the promotion of entrepreneurship and investment (European Communities 1989: Article 110). Specific measures included improvements of the legal and fiscal framework for businesses, business start-up services, provision of advisory services in legal, technical and managerial matters and specific training programmes for individual entrepreneurs (1989: Article 111). The mobilisation of domestic savings and the development of the financial sector were also considered essential in order to boost the private sector (1989: Article 112).

Development of fisheries had already been one of the areas of ACP-EEC cooperation in Lorne III, but its low frequency of occurrence prevented the term from appearing in the WordSrnith analysis. A comparison of the respective provisions of Lorne IV and Lorne III shows that this area did not undergo any changes. The only modification related to the objectives of cooperation, where two aspects were added, viz. to improve the knowledge of fishery resources and to "increase the means of protecting fishery resources and monitoring their rational exploitation" (European Communities 1989: Article 59).

In addition to the expressions *economic development* (19 occurrences) and *economic and social development* (7 occurrences), both of which had also been mentioned in the former Lorne Conventions, Lorne IV made frequent references to *economic, cultural and social development.* In contrast to the first four items in table 24.3, economic, cultural and social development did not represent an official area of cooperation. Instead, it can be considered both a process facilitated by, and an objective of, development cooperation. An example of the former can be found in a text passage about regional cooperation, mentioning

"cultural and social cooperation activities ( ... ) enhancing the status of women, improving their living conditions, expanding their economic and social role and promoting their full participation in the economic, cultural and social development process" (European Communities 1989: Article 159).

The latter can be found in Article 1 of the Convention, which set forth the objectives of ACP-EEC cooperation, one of which was "to promote and expedite the economic, cultural and social development of the ACP States" (1989: Article 1).

Likewise, market development can be seen as a process that may be instigated by development cooperation. In Lome IV, it was mainly mentioned in connection with trade development and tourism, which included references to *market development programmes, market development plans* and *market development measures* (European Communities 1989: Articles 122 and 136).

## *Domain 5* - *Cultural and social cooperation*

The area of cultural and social cooperation was described quite extensively in Lome IV, resulting in a separate terminological domain.


Table 24.4: Domain 5 - Cultural and social cooperation

Only the first entry in table 24.4, the term *cultural identities,* had emerged in the word cluster analysis before, as the others either did not appear in the former Conventions at all or not frequently enough to be discovered by WordSmith.

Cultural and social cooperation focused on the ACP peoples and covered three main areas, viz. the promotion of cultural identities and intercultural dialogue; consideration for the cultural and social dimension in projects and programmes; and operations to enhance the value of human resources (European Communities 1989: Article 140).

The promotion of the ACP peoples' cultural identities was one of the declared objectives of development cooperation in general and of cultural and social cooperation in particular. While the concept of cultural identities is probably as diverse as culture itself and may therefore be hard to define, Lome IV made mention of several aspects that appear to be part of the patchwork.

Cultural identities were considered to represent the ACP peoples' histories and systems of values. The recognition of cultural identities, including the preservation of the cultural heritage, the production and dissemination of cultural products as well as cultural events, was seen as a means to enhance the "reciprocal cultural enrichment of the ACP peoples and those of the Community" (European Communities 1989: Article 145). Moreover, the promotion of the ACP peoples' cultural identities was meant to foster their self-advancement and stimulate their creativity (1989: Article 140).

Intercultural dialogue was supposed to result in deeper knowledge and better understanding of cultures and to stimulate awareness of the interdependencies of different peoples and cultures (European Communities 1989: Article 145). Cultural events, e.g. meetings with young people from different ACP States and with young people from ACP States and Community Member States, were one means of opening up intercultural communication (1989: Article 148).

The topic of cultural heritage was a delicate one. On the one hand, Lorne IV provided for the safeguarding and promoting of cultural heritage through the compilation of cultural databanks, the collection of oral traditions in sound-recording libraries and the conservation of historical monuments (European Communities 1989: Article 146). On the other, the contracting parties seem to have disagreed on the importance of the cultural heritage. In a separate declaration that was attached to the Convention, the ACP States urged the Community and its Member States to "promote the return or restitution of cultural property taken from ACP States and now found in Member States". Furthermore, they requested the Community to create an inventory of cultural property from the ACP States in institutes in the Member States and to enable them to carry out historic research by providing access to archives (European Communities 1989: Annex XXIV).

The expression *participation by the population* is related to the second key pillar of cultural and social cooperation. In addition to the promotion of cultural identities and intercultural dialogue, cultural and social cooperation was expressed through the idea of accounting for the cultural and social dimension in the design, appraisal, execution and evaluation of each project or programme. To this end, participation by the population was to be encouraged (European Communities 1989: Article 142).

The expression *training operations,* though it seems like the odd one out, appeared in connection with the third pillar of cultural and social cooperation, i.e. operations to enhance the value of human resources. It covered areas such as education and training, research, science and technology (European Communities 1989: Article 150). Training operations had to be integrated into the ACP States' indicative programmes and aimed at well-defined objectives (1989: Article 151).

## *Domain* 6 - *Debt and structural adjustment support*

The area of debt and structural adjustment represented the major innovation of Lome IV, which was also reflected in several new key words and word clusters.

Table 24.5: Domain 6 - Debt and structural adjustment support


The relevant section in the Convention consists of two subsections, one dealing with debt and the other addressing structural adjustment. As the ACP States' mounting external debt burden and the resulting debt-servicing obligations were considered major constraints on these countries' development prospects, contributing to the attenuation of the debt burden was added to the objectives of development finance cooperation (European Communities 1989: Article 220). Furthermore, the principles governing the use of development cooperation instruments were extended to include the idea of "supporting the ACP States' structural adjustment efforts and contributing to the attenuation of the debt burden" (1989: Article 23). While these provisions merely provided the framework that was supposed to guide the activities of the contracting parties, the Convention also laid down several concrete measures to achieve the above-mentioned goal. For example, Article 240 provided for adjustments to SYSMIN and ST ABEX to the effect that increases in the debt burden of the ACP States were avoided. Furthermore, the Community agreed to improve the ACP States' access to the resources of past indicative programmes which had not been claimed in order to use them to Judith Kast-Aigner - 978-3-631-75372-9

reduce the debt burden. In addition, the Community committed itself to assisting the ACP States in finding solutions to debt-servicing and balance of payments problems and in improving their debt management system (1989: Article 240). On a more general note, the Community agreed to support the ACP States' efforts to undertake reforms and to adopt measures aimed at increasing domestic savings and boosting investment (1989: Article 241).

In line with the Bretton Woods institutions, the Community followed the trend towards aid conditionality.52 In 1986, the IMF introduced the so-called *Structural Adjustment Facility,* which was followed by a modified scheme in 1987, referred to as the *Enhanced Structural Adjustment Facility* (IMF Website 2006). The Community's structural adjustment scheme was referred to as *structural adjustment support* or simply *adjustment support.* The expressions *support programmes* and *adjustment programmes* were also frequently used. Apparently, the Community tried to give its initiative a positive spin by adding a word with a highly positive connotation, viz. *support.* In the same spirit, the contracting parties "agreed that the Convention should provide structural adjustment support to assist ACP States" in their reform efforts (European Communities 1989: Article 243), a provision that reads like a sales pitch from the Community rather than a statement to be signed by the ACP Group. While in general all ACP States were entitled to claim structural adjustment support, the actual eligibility of the individual states depended on the scope and the effectiveness of their reforms instigated at the macroeconomic or sectoral level and their "likely impact on the economic, social and political dimension of development" (1989: Article 246). The latter was expressed by several economic indicators, e.g. the level of indebtedness, balance of payments problems, the budgetary and monetary situation and the level of unemployment (1989: Article 246).

The granting of special loans, i.e. money from the EDF given to the ACP States on concessional terms, which had been part of the Community's financial assistance under Lome I, II and III, was discontinued in order to prevent the debt burden rising even further. While the ACP States welcomed the Community's decision to remove special loans, they made clear that further and more radical measures would be needed to get their debt under control. In the ACP declaration on debt, attached to the Lome IV Convention, they urged the Community to cancel all debt that had already been incurred via special loans (European Communities 1989: Annex LI).

<sup>52</sup> See Section 5.4.4.1 for information on the key words *adjustment* and *structural*  Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

## *Domain 8* - *Development finance cooperation (general aspects)*

Table 24.6 lists all word clusters in the area of development finance cooperation that were new to Lome IV, including both items that had never occurred in the Conventions before and others that had appeared, though fewer than five times.



• new clusters only

In Lome IV, development finance cooperation was dealt with under Title III, which contained a general outline of its objectives and principles, the terms of financing, provisions on debt and structural assistance, microprojects and co-financing, rules on investment and technical assistance as well as detailed information on the implementation procedures. However, it did not include any details on the overall amount of the Community's financial assistance and a breakdown of the amount that was earmarked for individual instruments (e.g. ST ABEX or SYSMIN) or for particular purposes. Instead, these particulars were provided in a separate document, the so-called *Financial Protocol,* which, together with nine more protocols, was annexed to the main text of the Convention. The change in the structure of the texts resulted from the fact that Lome IV was concluded for an unusually long time period, i.e. ten years instead of five years, as had been common practice in Lome I, II and III. Only the Financial Protocol of Lome IV was concluded for five years and was renewed in the course of the mid-term review in 1995.

While the term *emergency assistance* was new to Lome IV, it referred to a long-established and well-known concept, i.e. the provision of funds to ACP States which experienced severe "economic and social difficulties of an exceptional nature", be they a result of a natural disaster or other extraordinary circumstances (European Communities 1989: Article 254). The same concept had been referred to as *exceptional aid* in Lome I and *emergency aid* in Lome II and III respectively53•

Import programmes had already been briefly mentioned in Lome III, but they only gained in importance and visibility in Lome IV, not least in connection with structural adjustment support. Import programmes could be used for "the financing of inputs to the productive system" including capital, intermediate goods and raw materials, thus contributing to the functioning of the ACP States' productive sectors, the expansion of production and export capacity as well as the transfer of technology (European Communities 1989: Article 225). Lome IV distinguished between programmes for the funding of sectoral imports, referred to as *sectoral import programmes* or *SIPs,* and programmes for the financing of general imports, which covered a wider range of products and were referred to as *general import programmes* or *GIPs*  (1989: Article 224). The programmes were considered a means of providing structural adjustment support to countries carrying out macroeconomic reforms. Assistance via GIPs and SIPs was to be given in the form of foreign exchange or in kind through direct procurement (1989: Article 224).

While counterpart funds had been mentioned once in Lome III, they received more attention in Lome IV, partly with reference to structural adjustment. Various Community instruments could result in the generation of counterpart funds, one example described in Lome IV being food aid. If goods supplied by the Community as food aid were sold to the public, the resulting financial resources for the ACP State were referred to as *counterpart funds*  (European Communities 1989: Article 51). These funds were to be used to finance projects and programmes within the indicative programme and measures which were aimed at mitigating the negative social effects of structural adjustment. The latter included, among other things, assistance to indigenous organisations, the modernization of health facilities, the provision of pre-primary and primary education, and the re-training and payment of redundancy benefits to public or semi-public workers who had been made redundant (1989: Article 226). Furthermore, counterpart funds could be used to provide budgetary support (1989: Article 224) and to finance postemergency action, directed at the physical and social rehabilitation in the aftermath of natural disasters or similar extraordinary events (1989: Article 257).

<sup>53</sup> See Sections 5.4.1.2 and 5.4.2.2 (in each case domain 5- aid-related aspects) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

## *Domain 9* - *Development finance cooperation (implementation)*

While the word clusters listed in both table 24.6 and table 24.7 are related to the topic of development finance cooperation, the latter focuses on those multi-word units that are specific to the implementation of projects financed under Lome.


Table 24.7: Domain 9 - Development finance cooperation (implementation)\*

• new clusters only

Unsurprisingly, the terms *regional programmes* and *regional projects and programmes* are closely linked to regional cooperation, but they are mainly used in connection with procedural matters. On the one hand, regional programmes can be seen as the equivalent of the national indicative programmes, which every ACP State had to draft, at a regional level. On the other, regional programmes were part of the national indicative programmes, as the latter included the development objectives of the ACP State concerned at a national level, the focal sectors which were to be given top priority, and specific measures aimed at achieving the objectives in these sectors. In addition, a State's national indicative programme had to contain the objectives of the ACP State concerned at a regional level as well as proposals for regional projects and programmes (European Communities 1989: Article 281). In order to understand the concept of regional programmes, it is necessary to look at the description that Lome IV provided for regional cooperation. According to Article 157, regional cooperation included operations between two (or more) ACP States, between ACP States and neighbouring non-ACP States, as well as between ACP States and one (or more) of the Community's overseas territories. It also comprised operations conducted by ACP States together with regional organisations of which ACP States were members as well as by two (or more) regional organisations of which ACP States were members. Judith Kast-Aigner - 978-3-631-75372-9

Furthermore, even operations carried out by ACP States in cooperation with "non-ACP, non-neighbouring developing States" were covered (1989: Article 157). Accordingly, regional projects and programmes can be considered the specific schemes and projects within the scope of this definition. While the regional programmes were part of the national indicative programmes and therefore covered by the overall amount of resources provided by the Community, the Financial Protocol (FP) specified that a particular amount, i.e. about 10 per cent, was reserved for the funding of regional programmes (European Communities 1989: FP Article 3). As a consequence, special provisions were also made for the monitoring of the use of these funds. At the end of each year, the National Authorising Officer and the Community delegate had to prepare reports on the operations financed by the EDF, including information on commitments and disbursements, an implementation timetable, and a progress report with regard to both the national indicative programme in general and the regional programmes in particular (European Communities 1989: Article 315 and 318).

The expressions *preparation of projects, financing decision* and *financing proposals* are self-explanatory, representing some of the major tasks in the implementation of projects and programmes. In a nutshell, the rules on implementation provided for the following procedure. Once the draft indicative programme, drawn up and submitted by each ACP State, was agreed upon and adopted by the Community and the ACP State, it was binding on both parties involved (European Communities 1989: Article 282). The identification and preparation of individual projects within the indicative programme was the responsibility of the ACP State in question. In fact, the ACP States were required to prepare project or programme dossiers and submit them to the Community delegate. Subsequently, the appraisal of projects was jointly carried out by the ACP State and the Community. In cooperation with the National Authorising Officer, the delegate was supposed to summarise the results of the appraisal in a financing proposal, including a timetable for the implementation of the project, which was then finalised by the Commission (1989: Article 285-288).

The expression *general conditions* was used for the provisions governing the performance of works, supply and service contracts financed from EDF resources. The actual provisions were not part of Lome IV, but were scheduled to be adopted by the Council of Ministers in their first meeting after the signing of the Convention (European Communities 1989: Article 306).

The term *direct-agreement contracts* was used in connection with the Community's competition rules on works and supply contracts financed by the EDF. While in general the latter were to be concluded following an open invitation to tender, the Convention provided a less strict procedure for three exceptions (European Communities 1989: Article 227). In agreement with the Commission, the ACP States were entitled to place contracts after restricted invitations to tender (e.g. for highly specialised projects), to perform contracts through their own public or semi-public departments (e.g. in the case of service contracts with an estimated cost of less than ECU 5 million) and to conclude contracts by direct agreement. Awarding contracts by direct agreement had always been possible under the Lorne Conventions, but Lorne IV included more detailed rules for this and the procedure involved. Article 298 specified under which circumstances contracts could be placed by direct agreement, including small-scale operations, emergency assistance, operations assigned to individual experts and holders of patents or licences as well as after an unsuccessful invitation to tender. In these cases, the ACP States, in agreement with the Commission delegate, had to draw up a short-list of potential tenderers, to enter into discussions with the latter, and to select the tenderer who would be awarded the contract (1989: Article 298).

#### *Domain 10* - *Development finance cooperation (investment)*

The area of investment represents a new terminological domain. While the topic *per se* was not entirely new, it had gained momentum only in Lome III. In Lome IV, the word *investment* and the word clusters related to it experienced a considerable increase, as illustrated in table 24.8.


Table 24.8: Frequency of occurrence of terms related to investment

Table 24.9 shows the word clusters referring to the area of investment in the familiar format.



Lome IV emphasised the need to develop and strengthen the role of the private sector. In particular, small and medium-sized enterprises as well as micro-firms and crafts were to be encouraged and supported (European Communities 1989: Article 110) with "the full range of instruments provided for by this Convention" being available to this end (1989: Article 111). Furthermore, improvements in the business environment, including changes in the legal and administrative framework, were considered necessary to boost the private sector (1989: Article 258). The Community also agreed to invest in ACP enterprises in the form of risk capital and loans from the EIB's own resources (1989: Article 263). Furthermore, the ACP States were authorised to use the resources of their national indicative programmes to provide financial assistance to SMEs, to support the establishment of national and regional financial institutions catering to the private sector, and to implement export promotion schemes (1989: Article 264).

A number of provisions concerning investment promotion set out in Lome IV were similar or even identical to the corresponding rules in Lome III. For example, the contracting parties agreed to encourage private investors to participate in the ACP States' development efforts, to establish and maintain a secure and predictable investment climate, and to promote cooperation among economic operators in the ACP States and the Community (European Communities 1989: Article 258). By adding several measures aiming at investment promotion, the importance and necessity of the subject matter were further emphasised in Lome IV. For instance, the signatory states agreed to facilitate the flow of resources from the Community's private sector to the ACP States by improving the latter's access to international financial markets. In addition, they hoped to create an environment that encouraged the development of financial institutions, capital formation and entrepreneurship (1989: Article 258).

Similarly to its predecessor, Lome IV included a section dealing with the strengthening of the role of private investment flows and the development of enterprises. In this regard, the provisions were more specific, including the promotion of European private investment in the ACP States by organising discussions and investment promotion meetings, providing information on investment guarantees and insurance facilities for companies, and assisting SMEs in obtaining and optimising equity and loan-financing (European Communities 1989: Article 259).

Investment protection was given slightly more attention under Lome IV. Both Lome III and Lome IV acknowledged the "need to promote and protect either party's investments on their respective territories", which could be met by concluding investment promotion and protection agreements (European Communities 1989: Article 260), but again, Lome IV was more specific as it set out clear rules to guide the negotiations in this area.

The following list of concordances rounds off the discussion on investment.


The list illustrates the use of the word *investment* and its collocates, in particular *investment flows* and *investment in the ACP States,* both of which are included in domain 10. The examples show that the word investment was embedded in mainly positive and affirmative language, including the verbs *encourage, enhance, facilitate, foster, promote* and *support* as well as the nouns *opportunities, potential, promotion* and *support.* 

#### *Domain 12* - *Trade cooperation (general aspects)*

As with the area of development finance cooperation, the word clusters referring to trade cooperation are classified into three domains. While domain 12 deals with general aspects of trade cooperation, domain 13 focuses on questions of the originating status of goods. Domain 14 includes different types of materials mentioned in the Lorne IV Convention.54


Table 24.10: Domain 12-Trade cooperation (general aspects)\*

• new clusters only

Unsurprisingly, the expression *Community market* was mainly used in connection with the ACP States' preferential access to the European market and the preferential treatment that ACP products were to be given on this market. According to Article 25, trade cooperation between the ACP States and the Community was based on the principle of non-reciprocal "free access to the Community market for products originating in the ACP States, with special provisions for agricultural products and a safeguard clause" (European Communities 1989: Article 25). The exemption of agricultural products was significant as it meant that the ACP States were not granted free access to the Community market for all products covered by the Community's Common Agricultural Policy. Instead, the Community was obliged to provide ACP products with more favourable treatment than that granted to third countries

<sup>54</sup> Due to its lack of terminological information, domain 14 is not discussed in more detail. Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

which benefited from most-favoured nation treatment (1989: Article 168). Nevertheless, the ACP States were becoming increasingly concerned about losing out to other countries, especially to non-ACP developing countries, as a result of preference erosion.

While the main focus of ACP-EEC trade cooperation was still on goods, trade in services was emerging as a new field of interest. The multi-word unit *goods and services,* listed in table 24.10, is a case in point, as are the expressions *development of services* (9 occurrences; see domain 4), *trade and services* (8 occurrences) and *trade in services* (4 occurrences).

Strangely enough, the term *external trade* is mainly used in connection with the aforementioned expression *development of services.* A brief study of the concordances of *external trade* explains why this is the case. Cooperation in the field of services was to prioritise services that support external trade, including the establishment of infrastructure for trade, automation of customs procedures and improvements in the area of trade financing, clearing and payment facilities (European Communities 1989: Article 118).

Intra-ACP trade and cooperation were given significantly more attention in Lome IV. While intra-ACP cooperation was to be enhanced in a variety of areas, including fisheries management, tourism and transport, intra-ACP trade was considered a key element of trade cooperation, alongside the development of trade between the ACP States and the Community (European Communities 1989: Article 136). Improvements in this area resulting in a deeper integration of ACP markets were to be achieved by liberalising intra-ACP trade and eliminating both tariff and non-tariff trade barriers (1989: Article 158). Furthermore, regional development banks as well as clearing and payment institutions aiming to promote intra-ACP trade were to be supported (1989: Article 229). Regional payment mechanisms, clearing arrangements and credit insurance facilities were also considered appropriate means of boosting intra-ACP trade, with the extra benefit that they did not add to the ACP States' debt burden (1989: Article 241).

#### *Domain 13* - *Trade cooperation (originating status)*

The application of the rules of origin and the determination of the originating status of goods clearly represent one of the most complicated areas of ACP-EEC cooperation. While the level of detail had already been high in the past Conventions, the complexity of the respective rules was even greater in Lome IV, with ever more details and particularities being taken into account. This is reflected in the word clusters listed in table 24.11.

Table 24.11: Domain 13 -Trade cooperation (originating status)\*


• new clusters only

The provisions of Protocol 1 (Pl), covering the definition of the concept of originating products, were therefore becoming more and more sophisticated. The first item in table 24.11, the term *non-originating materials,* can be considered a result of the increasing complexity of the rules as it seems to have been coined to make the text more comprehensible, making a clear distinction between originating products and non-originating materials. As explained above55, a product was "considered to be originating in the ACP States if it has been either wholly obtained or sufficiently worked or processed in the ACP States" (European Communities 1989: Pl Article 1). Non-originating materials included any supplies and articles that were not obtained in an ACP State. If such non-originating materials were used in the production of goods, they had to undergo sufficient working or processing in order to have the status of originating products conferred upon them. According to Article 3, nonoriginating materials were

"considered to be sufficiently worked or processed when the product obtained is classified in a heading which is different from those in which all the non-originating materials used in its manufacture are classified",

with the word *heading* referring to the four-digit codes used in the Harmonised Commodity Description and Coding System (1989: Pl Article 3). The latter was usually referred to as the *harmonized system* and represented a set of

<sup>55</sup> See Section 5.4.1.2 (domain 6-trade related aspects) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

internationally standardised and accepted system of names and numbers for the classification of products. It was established by the World Customs Organisation and entered into force in 1988 (World Customs Organisation Website n.d.), which explains the fact that the term first appeared in Lome IV in 1989. Prior to that, the nomenclature used by the Community and the ACP States was referred to as the *Customs Cooperation Council Nomenclature for the Classification of Goods in Customs Tariffs* (Lome II and III) and the *Brussels Nomenclature for the Classification of Goods in Customs Tariffs* (Lome I) respectively, both terms referring to the set of rules in force at the times the respective Conventions were signed.

The cluster analysis of Lome IV produces two multi-word units relating to documents that were used for determining the originating status of products, viz. *suppliers' declarations* and *information certificate.* The former represented a completely new term, whereas the latter had already appeared in the earlier Lome Conventions, though with a frequency of less than five. Both terms, however, referred to documents that had always been required under each of the Lome Conventions. Whenever the customs authorities of an ACP State were required to issue a movement certificate for products and materials which came from another ACP State or the Community and which were used in the manufacture of these products, the authorities had to take into consideration the declaration given by the supplier of these materials (European Communities 1989: Article 23). While this declaration was not new to the Fourth Lome Convention, the term used to refer to the declaration, i.e. *supplier's declaration,* was only coined in Lome IV. Prior to that, the Conventions had not assigned a particular name to the document concerned, merely referring to it as the "declaration[ ... ] given by the exporter in the State, country or territory" from which the materials used in the manufacture came (e.g. European Communities 1975: Pl Article 20). Lome IV further specified that the customs authorities of the importing state were allowed to carry out a verification of the supplier's declaration, both at random and in the event of "reasonable doubts as to the authenticity of the document or the accuracy or completeness of the information concerning the true origin of the materials in question" (European Communities 1989: Pl Article 27). In such a case, the customs authorities of the importing state could ask the customs authorities of the state where the supplier's declaration was made to issue a so-called *information certificate,* which was to serve as evidence of the status of the materials concerned (1989: Pl Article 27).

The term *country of origin* is one of the few terms that are assigned unambiguous definitions, referring to a "country, group of countries or territory where the goods are considered to be originating" (European Communities 1989: P9 Article 6). The term, however, is also used in a different context, namely with regard to students from ACP States conducting their studies in one of the Community Member States. In the Joint Declaration on ACP Migrant Workers and ACP Students in the Community, annexed to the Convention, the Community stated that it aimed to encourage the training of ACP students in their own country of origin or in another ACP State. Even if ACP students carried out their studies in one of the Member States, their training would be "geared towards their vocational integration in their country of origin" (1989: Annex V, III).

The term *country of transit* was mentioned in connection with yet another rule concerning the rules of origin and the concept of originating status. In order to be accepted as eligible for preferential treatment under the Lome trade provisions, goods or materials transported between the ACP States and the Community were not allowed to enter any other territory. Article 10 of Protocol 1, however, allowed for one exception. Goods which constituted a single consignment were permitted to be transported through such territory if the goods were kept under surveillance by the customs authorities in the country of transit and did not undergo "operations other than unloading, reloading or any operation designed to preserve them in good condition" (European Communities 1989: Pl Article 10). A bill of lading covering the transport through the country of transit or a certificate issued by the customs authorities of the country of transit were to serve as evidence for the fulfilment of the above-mentioned conditions (1989: Pl Article 10).

#### *Domain 15 -Thematic issues*

The domain labelled *thematic issues* covers topics as diverse as fisheries, transport and environment. Only few of the word clusters in this domain, which are listed in table 24.12, are new, the majority having already been discussed in one of the earlier sections.

Table 24.12: Domain 15-Thematic issues\*



• new clusters only

Cooperation in the field of shipping services that had already been built up in Lome III was continued under Lome IV. However, the Fourth Convention revealed a conflict between the ACP States on the one hand and the Community and its Member States on the other about the extent of support granted to the developing countries. According to the relevant provisions of Lome IV, the contracting parties aimed at ensuring the harmonious development of shipping services "on economically satisfactory terms by facilitating the active participation of all parties according to the principle of unrestricted access to the trade on a commercial basis" (European Communities 1989: Article 126). They also acknowledged the necessity of the UN Convention on a Code of Conduct for Liner Conferences, which was to ensure the terms of competition in the area of shipping services, and agreed, once the Code was ratified, to take all the measures required for its implementation at a national level (1989: Article 127). However, in addition to the main provisions on shipping services, which were dealt with in Articles 126 to 131, Lome IV included two separate declarations in which the contracting parties expressed their respective concerns about these provisions. On the one hand, the ACP States emphasised the importance of shipping services for their economic development, which, from their point of view, was hampered by large and powerful international companies dominating the market. They expressed the opinion that the provisions of the Convention did not indicate that these dominant players were authorised to operate without any constraints. Instead, the ACP States insisted on their right "to greater and fairer participation in all freight generated by their external trade and the need to facilitate the development of their industries" (1989: Annex **XVIII).** On the other hand, the Community pointed out that the provisions on shipping services were to exclude restrictive and anti-competitive practices. In their op1mon, shipping companies should become more competitive, a development which would benefit both parties, the exporters and the importers (1989: Annex XIX). The declarations made by the ACP States and the Community respectively can be regarded as a diplomatic way of dealing with the obvious disagreement between the contracting parties. Judith Kast-Aigner - 978-3-631-75372-9

As mentioned above56, Lome IV devoted an entire title to the topic of the environment or, more precisely, to ACP-EEC cooperation in this field, with the protection of the environment along with the rational management and exploitation of natural resources representing its key elements. Cooperation with regard to radioactive waste received particular attention, the more so as the international movement of hazardous and radioactive waste had become a serious problem. According to Article 39, the Community committed itself to prohibiting the direct and indirect export of such waste to the ACP States. At the same time, the ACP States agreed to prohibit the direct or indirect import of such waste from the Community as well as from other countries (European Communities 1989: Article 39). In addition, two joint declarations regarding movements of hazardous or radioactive waste were issued and attached to the Convention. The contracting parties emphasised the importance of this issue and pledged to "refrain from any practice of discharging such waste which would encroach upon the sovereignty of States or threaten the environment or public health in other countries" and to support the efforts of the International Atomic Energy Agency (IAEA) to develop an internationally accepted code of good practice (1989: Annex VIII). External documents were referred to for the precise definition of hazardous and radioactive waste: the term *hazardous waste*  referred to categories of products listed in the Basle Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, whereas the applicable definition of the term *radioactive waste* was yet to be determined by the IAEA. The contracting parties agreed to temporarily make do with the definition and thresholds applied by the Community laid down in a Euratom directive. Accordingly, the term *radioactive waste* was used to refer to

any material for which no further use is envisaged and which contains or is contaminated by radionuclides of which the levels of radioactivity or the concentrations exeed [sic!) the limits which the Community has set itself for protecting its own population" (1989: Annex VIII).

On top of that, the ACP States added another declaration in which they reinforced their commitment to a resolution of the Organisation of African Unity (OAU) on the control of transboundary movement of hazardous, nuclear and other radioactive wastes and their disposal in Africa (1989: Annex X).

<sup>56</sup> See Section 5.4.4.1 for information on the key words *renewable, environment, preservation, sustainable* and *rational* 

As discussed above57, cooperation for the development of services accounted for cooperation in the area of information technology. It was primarily concerned with support for the acquisition and installation of information technology systems, the development of telematics networks as well as the production of computer components and software in the ACP States (European Communities 1989: Article 133).

## *Domain 16* - *Cross-sectional issues*

The terminological domain covering cross-sectional issues and the corresponding table (i.e. table 24.13) contain multi-word units which are relevant for more than one field. Their common denominator is their occurrence in several thematic areas rather than thematic similarity.

Table 24.13: Domain 16 - Cross-sectional issues ..


• new clusters only

The importance of human resources for development was mentioned throughout the Convention. The improvement of these human resources was considered necessary in several areas, including the development of mining, commodities, services and trade, and primarily was to be enhanced by

<sup>57</sup> See Section 5.4.4.2 (domain 4 - types of development) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

training activities and the transfer of know-how. While the expressions *enhancement of human resources* and *enhance human resources* were the most popular buzz phrases in this regard, it is also worth looking at other collocations which regularly appeared in the text of the Convention. The frequent use of noun+of+noun collocations (e.g. development of human resources) instead of verb-noun collocations (e.g. to develop human resources) can be considered characteristic of the text type under investigation.


Some problems faced by the developing countries could not be solved by individual states but called for concerted action from several countries or the international community. The expressions *international level* and *regional and international level* may be evidence of the Community and the ACP States recognising this idea and trying to accept the limits of their cooperation. For example, environmental problems required "operations [ ... ) in the context of overall, long-term policies, drawn up and implemented by the ACP States at national, regional and international level with international support" (European Communities 1989: Article 35). The same was true for the field of commodities, which suffered from structural difficulties, and needed to be tackled by strategies that were consistent at both regional and international levels (1989: Article 73).

The expressions *exchange of information* and *exchange of views* had both appeared in the Conventions prior to Lome IV, but with a frequency of less than five. Judging from the increase in their respective frequencies of occurrence, these activities gained in importance in Lome IV. Depending on the purpose and the subject matter, different actors were involved, including the Community, the Member States and the ACP States themselves, enterprises and other economic operators in these countries, the institutions of the Community, the ACP and the Convention, regional organisations, research

centres, decentralised public authorities and unofficial bodies. In the spirit of decentralised cooperation, Lome IV also provided for the active participation of those who were meant to benefit the most from ACP-EEC cooperation, e.g. the local community. Closely related to the exchange of information was the provision of advisory services, which was intended to contribute to the fields of industrial cooperation, enterprise development and investment, among others.

The fact that the term *research institutes* was repeatedly mentioned in Lome IV may be a result of the emergence of learning and education as new areas in development cooperation and a more general trend towards the development of a knowledge society. Research institutes were to support the ACP States in their efforts to acquire scientific and technical skills and help find solutions to economic and social problems, e.g. with regard to health, environment or employment (European Communities 1989: 152).

The transfer, adaptation and dissemination of appropriate technology were discussed in several areas of ACP-EEC cooperation, including agricultural cooperation and industrial cooperation. The term *appropriate technology* is one of only a handful of terms for which the contracting parties provided a precise definition, as they issued a joint declaration on the definition of appropriate technology, annexed to the Convention. Within the framework of Lome IV, the term *appropriate technology* referred to technology that was "appropriate in terms of labour, capital, operation and maintenance" and compatible with the physical environment and local resources (European Communities 1989: Annex XXIII). Furthermore, it had to involve applicable or adaptable know-how, meet health and safety standards and comply with the cultural and social characteristics of the local population. It was also supposed to be flexible enough to take account of the respective social and economic conditions as well as bear the social costs of its impact on the local culture in mind (1989: Annex XXIII).

While the expression *development projects* had been used in Lome II and III, its usage increased in Lome IV. Moreover, it was employed in a variety of contexts, without a visible bias towards a particular area. The expression *development projects and programmes* had not been used prior to Lome IV. However, it is not clear to what extent, if at all, these two expressions differ. One can only presume that *development project* is to refer to a single venture or scheme, whereas *development programme* refers to a set of projects that are supposed to complement one another and contribute to a common objective. A closer look at the independent use of the term *development programmes* Judith Kast-Aigner - 978-3-631-75372-9

supports this view, as the following examples show. In terms of trade development, individual activities were to be carried out only if they formed "an integral part of overall trade and market development programmes" (European Communities 1989: Article 136). Likewise, measures in development finance cooperation were to be "integrated into sectoral development programmes" (1989: Article 224).

The expression *ACP economies,* while covering the economy of the ACP Group as a whole, illustrates that the economies of the individual ACP States were far from homogenous. Referring to the ACP Group's economy as the *ACP economies* makes sense, as the ACP Group was comprised of States in different parts of the world, each with its own structural peculiarities, strengths and weaknesses, and priority areas for development.

Part Three of Lome IV covered the instruments of ACP-EEC cooperation, including four titles, viz. trade cooperation, cooperation in the field of commodities, development finance cooperation and general provisions for the least-developed, landlocked and island ACP States. Judging from its concordances, however, the expression *Community instruments* was not necessarily used to refer to the instruments of ACP-EEC cooperation as discussed in Part Three. In fact, it seems that it is used rather arbitrarily, referring to an unspecified set of measures or activities.

The expression *level of development* was mentioned more frequently in Lome IV than in any of the former agreements. The ACP States' level of development was supposed to be taken into consideration in several areas of cooperation. For example, the decision on whether to provide grants, risk capital or loans from the EIB's own resources was to allow for the level of development of the respective ACP States (European Communities 1989: Article 233). Structural adjustment programmes for LDCs also had to take the level of development of these countries into account (1989: Article 328). Liberalisation of trade in services was supposed to take "due account of the level of development of ACP States" (1989: Article 185).

#### *Domain 18* - *Raising efficiency*

Several word clusters which were identified by WordSmith pointed to the Community's intention to streamline its operations, thus increasing the effectiveness and efficiency of ACP-EEC development cooperation.


Table 24.14: Domain 18 - Raising efficiency\*

• new clusters only

Appearing in the Lome IV corpus 18 times, the expression *monitoring and evaluation* is among the most frequently mentioned word clusters completely new to the Fourth Convention. In fact, Title III of Lome IV, covering development finance cooperation, included a chapter on management and executing agents, an entire section of which dealt with monitoring and evaluation. According to its provisions, monitoring and evaluation was concerned with an

"external assessment of development operations (preparation, implementation and subsequent operation) with a view to improving the development effectiveness of ongoing and future operations" (European Communities 1989: Article 320).

The results of evaluation work had to be published in the form of regular reports and used in the design of future development operations, thus having an immediate impact on future development cooperation policy and practice. In addition to monitoring and evaluation of the various development sectors, instruments and operations, the activities of individual countries and regions were subject to evaluation work. Furthermore, monitoring and evaluation was to be conducted regularly, jointly and independently (1989: Article 321). While it involved national evaluation units in the ACP States and the Community, National Authorising Officers and Commission delegations, it was the responsibility of the ACP-EEC Development Finance Cooperation Committee (the so-called *ACP-EEC Committee)* to ensure "the joint character of monitoring and evaluation operations" by involving experts of both the ACP States and the Community (1989: Article 323). An annual report on monitoring and evaluation activities had to be submitted to the ACP-EEC Committee, on the basis of which it prepared an annual progress report, along with recommendations and resolutions, for the Council of Ministers (1989: Article 327). Oddly enough, even the monitoring and evaluation activities themselves were supposed to undergo monitoring and evaluation, as the ACP-EEC Committee had to

"review the results of monitoring and evaluation, and formulate any suggestions with a view to ensuring the effective implementation of monitoring and evaluation work and further consider proposals for future monitoring and evaluation activities" (1989: Article 325).

Regular references to, and strong emphasis on, the focal sectors for Community aid were another innovation of Lome IV. The draft indicative programme that every ACP State had to prepare was to specify the latter's main development objectives as well as "the focal sector or sectors for which support is considered the most appropriate" together with the measures and operations in order to achieve the objectives in these sectors (European Communities 1989: Article 281). Likewise, the indicative programme which was then adopted by the Community and the ACP State in question on the basis of the draft indicative programme had to stipulate the focal sector or sectors in which the Community was meant to provide support, the resources earmarked to this end, and the measures and actions needed to achieve the goals in these sectors (1989: Article 282).

## *Domain 20* - *Regulatory framework*

The word clusters covered by domain 20 and listed in the respective table refer, in some way or other, to rules and provisions that govern ACP-EEC cooperation.


Table 24.15: Domain 20 - Regulatory framework\*

• new clusters only

Table 24.15 includes both expressions referring to specific regulations and agreements, e.g. *Fourth ACP-EEC Convention* and *Protocol on ACP Sugar,* and expressions used to refer to regulations that were not explicitly named, e.g. *relevant provisions* and *specific provisions.* Others seem to have an intermediate position as they refer to a particular type of provision, e.g. *ACP Declaration* and *Council Regulation.* Although these word clusters might not be particularly interesting or relevant from a terminological point of view, some of them are still worth discussing.

The term *human rights* is one of them. Even the fact that it appeared in Lome IV 15 times is quite astonishing - this would have been unthinkable ten years earlier - and can be considered an indication of the gradual incorporation of elements of political conditionality into the text of the Convention58•

Linked to the topic of human rights, Lome IV also contained seven references to international law. In Article 5, the contracting parties reinforced

"their existing obligations and commitment in international law to strive to eliminate all forms of discrimination based on ethnic group, origin, race, nationality, colour, sex, language, religion or any other situation" (European Communities 1989: Article 5).

They also stipulated to grant "workers who are nationals of the other party" i.e. essentially ACP migrant workers and their family members - the fundamental freedoms in conformity with the principles of international law (1989: Annex V). Furthermore, the contracting parties agreed to comply with international law as far as cooperation in fisheries and development of mining resources were concerned.

The regulatory framework of the United Nations was also gaining ground. Not only was the expression *United Nations Conference* mentioned five times in the main text of Lome IV, but the contracting parties even made reference to the UN in their Preamble, expressing "their common desire to maintain and develop the friendly relations existing between their countries, in accordance with the principles of the Charter of the United Nations" (European Communities 1989: Preamble).

The expression *ACP Declaration* points to the fact that the ACP Group unilaterally issued six declarations in order to voice their opinion on several issues of their cooperation with the Community, including the ACP Declaration on Hazardous and Nuclear and Other Radioactive Waste (Annex

<sup>58</sup> See Sections 5.4 and 5.4.4.1 for information on the key words *human* and *rights* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

X), the ACP Declaration on Debt (Annex LI) and even an ACP declaration on a unilateral Community declaration, viz. the ACP declaration on the Community declaration on the Financial Protocol (Annex LX).

## 5.4.5. The *Lome IV bis corpus*

The mid-term review of Lome IV produced the Agreement amending the Lome IV Convention, which was signed in Mauritius in November 1995. *Lome IV bis,* as the agreement is often referred to, comprised a new financial protocol which was applicable during the second five-year period covered by the Convention, a protocol on the sustainable management of forest resources and a joint declaration on trade development. Apart from these texts, it merely lists the additions and changes to the text of Lome IV and therefore does not represent a stand-alone contract. As a result, the Lome IV *bis* corpus is considerably smaller than the other Lome corpora, consisting of approximately 24,000 words.

#### *5.4.5.1. Key words*

Based on its word list, which comprises 2,604 items, the key words of the Lome IV *bis* corpus are generated. By eliminating noise and other irrelevant entries, the initial number of 273 key words is reduced to 206, the vast majority of which (i.e. about 75 per cent) also had key word status in Lome IV. Only 15 per cent of the key words of Lome IV *bis* (i.e. 32 words) were entirely new in the sense that they did not have the status of a key word in any of the former Lome Conventions. Table 25 shows the most relevant of this group.


Table 25: Selected new key words of Lome IV *bis* 

The word *agents* is connected with decentralised cooperation, which was expanded and strengthened in Lome IV *bis.* The contracting parties recognised the positive impact of decentralised cooperation on their relationship and therefore agreed to "encourage the participation of ACP and Community agents in cooperation activities" (European Communities 1995a: Article 12a).

To this end, the revised text was much more specific on the role of decentralised cooperation and the groups to be involved. The agents of decentralised cooperation were to include decentralised public authorities, rural and village groups, cooperatives, trade unions, teaching and research institutions, nongovernmental development organisations as well as other non-profit organisations and agents that were able and willing to contribute to the ACP States' development (1995a: Article 251a). While decentralised cooperation was supposed to "combine the efforts and resources of organisations from the ACP States and their counterparts from the Community" (1995a: Article 251a), initiatives of agents from the ACP States were particularly encouraged in order to help them build and reinforce their capabilities. Similar agents from the Community were meant to support them by providing technology and organisational know-how, if deemed necessary (1995a: Article 251b). All projects carried out within the framework of decentralised cooperation had to be approved by the ACP States and could be financed by resources of the national indicative programmes, i.e. EDF money, or from counterpart funds. When resources from the EDF were used, they had to be supplemented by contributions from the agents of decentralised cooperation in the form of financial, technical or material resources so that no less than 25 per cent of the estimated cost of the project was born by these agents (1995a: Articles 251c-d).

The enormous impact of the Maastricht Treaty (officially referred to as the *Treaty on European Union* and abbreviated as *TEU),* signed in 1992, on the relationship between the Community and the ACP States has already been discussed59• Obvious amendments, albeit on a superficial level, included the replacement of the term *European Economic Community* **with** *European Community,* the abbreviation *EEC* with *EC* and the term *Council of the European Communities* with *Council of the European Union.* As a consequence, the Lome Convention was referred to as the *Fourth ACP-EC Convention of Lome,* and the term *ACP-EEC cooperation* was replaced with *ACP-EC cooperation.* The names of some institutions of ACP-EC cooperation were adjusted accordingly, including e.g. the ACP-EC Council of Ministers and the ACP-EC Customs Cooperation Committee. Finally, Lome IV *bis* stipulated that the term *delegate*  was to be replaced with *Head of Delegation* (European Communities 1995a: Section A).

Further, less obvious modifications that the TEU and the establishment of a political union brought about are reflected in the words *alleviation* and

<sup>59</sup> See Section 5.4

*dialogue.* The Maastricht Treaty laid down the overall objectives of the Community's policy in the sphere of development cooperation, which were repeated, almost verbatim, in the revised text of Lome IV. Table 26 contrasts the respective sections of the texts, i.e. Article 130u of the TEU and Article 78 of Lome IV *bis.* 


Table 26: The Community's objectives in the field of development cooperation

In Lome IV *bis,* the Community committed itself to supporting the ACP States' development strategies, while taking its own development objectives into account. One of them was poverty alleviation, which was also emphasised in the revision of the section on programming. In Lome IV *bis,* the draft indicative programme to be drawn up by the ACP States was still supposed to comprise the latter's priority development objectives at national and regional levels as well as the focal sectors for which support was required, but "with emphasis on poverty alleviation.and sustainable development" (1995a: Article 281). In the Joint Declaration on Trade Development ODID), annexed to Lome IV *bis,* the contracting parties stated that trade development was considered an appropriate means of working, both directly and indirectly, towards the above-mentioned objectives as it was said to be

"crucial for the achievement of a smooth and gradual integration of the economies of the ACP States into the world economy thereby promoting sustainable economic and social development and contributing to the alleviation of poverty in these States" (1995a: JOTO Preamble).

The importance of the word *dialogue* increased significantly in Lome IV *bis,*  for the revised agreement introduced the term *political dialogue* to ACP-EC cooperation, thus contributing to the increasing politicisation of the relationship between the Community and the ACP States. In the Preamble, the contracting parties committed themselves to strengthening their links by means of greater political dialogue, which was supposed to be extended to issues of foreign and security policy (European Communities 1995a: Preamble). While the primary forum for enlarged political dialogue was the ACP-EC Council of Ministers, such a dialogue could also be conducted outside this framework, "with a geographical or other composition suited to the subjects under discussion" (1995a: Article 30).

Presumably in response to the UN Conference on Environment and Development (UNCED), informally referred to as the *Earth Summit,* which had taken place in 1992, Lome IV *bis* added a protocol on the sustainable management of forest resources (Protocol 10). The Community and the ACP States acknowledged the results of the Summit, viz. the Rio Declaration on Environment and Development, the so-called *Forest Principles,* the UN Framework Convention on Climate Change and the Conventions on Biodiversity and Desertification, and agreed on several areas and activities in which they wished to cooperate and for which support would be provided to the ACP States (European Communities 1995a: PIO Article 1). The main focus was on the conservation, regeneration and sustainable development of tropical forests, support for reforestation and forest management activities and the building and strengthening of institutions in the forestry sector (1995a: PIO Article 3). In view of the importance of timber and timber products for the ACP economies, the Protocol also included a set of rules for cooperation in this area. For instance, the Community and the ACP States agreed to promote the trade of timber from forests under sustainable development and to develop certification systems for timber and timber products along with national policies "aimed at the sustainable utilisation and preservation of tropical timber producing forests and their genetic resources" (1995a: PIO Article 4).

The fact that the word *Somalia* appears as a new key word in the Lome IV *bis* corpus came as a surprise, the more so as this state had not only been part of the Association established in the Treaty of Rome and a signatory to the Yaounde Conventions, but because it had also been a contracting party of all

four Lome Conventions. In fact, the relationship between Somalia and the Community had worked well during Lome I and II, but deteriorated under Lome III, when the implementation of Somalia's national indicative programme had to be suspended as a consequence of the civil war in the country. While Somalia signed Lome IV, it was able neither to ratify the Convention nor to sign the mid-term revision in 1995 due to the lack of a government. As a consequence, it did not receive any money from the seventh (Lome IV) and eighth (Lome IV *bis)* EDFs. Lome IV *bis,* however, included a special provision, viz. Article 364a, that allowed Somalia to accede to Lome IV *bis* if an internationally recognised government wishing the State's accession was established and the ACP-EC Council of Ministers agreed to accept it ("Somalia-EU cooperation" 1997).

The word *unallocated* was another new key word of Lome IV *bis* and referr~d to unused resources remaining from previous EDFs. More specifically, the Second Financial Protocol applicable during the second fiveyear period covered by the Lome IV Convention, i.e. from 1995 to 2000, established the eighth EDF, part of which arose from the transfer of unallocated resources from the fourth and the sixth EDFs (European Communities 1995b: Article 1 ).

The importance of consistency was emphasised in Lome IV *bis,* mainly in connection with transparency and complementarity. The Community called for increased consistency and complementarity between their collective cooperation operations on the one hand, and the bilateral aid programmes of the individual Member States on the other (European Communities 1995b: Article 16). The EDF Committee was primarily responsible for coordinating the approaches and activities of the Community and the Member States "in the interests of consistency and complementarity" (1995b: Article 18).

#### *5.4.5.2. Word clusters and terminological domains*

The approach followed to generate word clusters is adapted to the peculiarities of the Lome IV *bis* corpus. As mentioned above, Lome IV *bis*  basically represents a compilation of the modifications of, and additions to, the original Lome IV Convention. As a consequence, the results of the cluster analysis may be less fruitful and meaningful. For one thing, certain terms were replaced with new ones throughout the Convention. These terms might be mentioned in the amending agreement only once, in which case they would not show up in the cluster analysis. For another, several terms may be missed Judith Kast-Aigner - 978-3-631-75372-9 because they appear in the Lome IV *bis* corpus less frequently than five times. While this eventuality can never be eliminated completely, it is more likely to happen with small corpora. On the other hand, due to the relatively small size of the Lome IV *bis* corpus, the cluster analysis does not have to be restricted to the key words. Instead, the entire word list is used, which may result in a larger number of word clusters. With two opposing forces at work, the parameters of the cluster analysis (2-6 word clusters with a minimum frequency of five) are maintained. In order to account for the difficulties mentioned above, those 2-6 word clusters which appear only three or four times, but may still be considered particularly important and relevant, are also discussed.


Table 27: Terminological domains in the Lome IV *bis* corpus

## *Domain 1* - *Countries involved I parties to the contract*

The results of the word cluster analysis include one new multi-word unit in the domain covering the countries and parties mentioned in the revised Lome IV Convention.

Table 27.1: Domain 1 - Countries involved/ parties to the contract\*


• new clusters only

In its definition of the term *developing country,* the Community borrowed definitions from two organisations, viz. the Organisation for Economic Cooperation and Development (OECD) and the World Bank. In Lome IV *bis,* the term was used to refer to

"any country listed as such by the Development Aid Committee of the OECD and the Republic of South Africa except the High Income Countries (HIC) and the countries with a GNP exceeding in 1992 USO 100 billion at current prices" (European Communities 1995b: Annex LXXXXVI).

In other words, the Community's definition of a developing country started with the official list of developing countries that was regularly published by the OECD, but excluded countries which the Word Bank defined as High Income Countries, i.e. a group of countries whose Gross National Income exceeded a particular threshold. In Lome IV *bis,* the term *developing country*  was mainly used as part of the longer term *non-ACP developing country,*  referring to developing countries other than the members of the ACP Group, in connection with determining the originating status of products.

## *Domain* 2 - *Institutions of the Convention I the ACP I the EC*

As mentioned above60, the Treaty of Maastricht left its marks on the organisations and institutions involved in ACP-EC cooperation which are reflected in table 27.2.


Table 27.2: Domain 2 - Institutions of the Convention/ the ACP / the EC'

\* new clusters only

The Maastricht Treaty created the European Union, which consists of three pillars: the European Communities, the Common Foreign and Security Policy (CFSP) and cooperation in the field of Justice and Home Affairs (JHA). The

first pillar included the original European organisations, viz. the European Economic Community, which became the European Community, the European Coal and Steel Community and Euratom (European Union Website 2007b).

The term *European Union* was mainly mentioned in connection with the legal representatives of the individual countries, as in *Ambassador Extraordinary and Plenipotentiary to the European Union,* and/or one of its institutions, viz. the Council, with the term *Council of the European Communities* being replaced with *Council of the European Union.* As the terms *European Economic Community*  and *EEC* gave way to *European Community* and *EC,* the term *ACP-EEC Council of Ministers* was replaced with *ACP-EC Council of Ministers.* The term *Development Finance Cooperation Committee* was used to refer to the ministerial committee formerly known as *ACP-EEC Development Finance Cooperation Committee* or simply *ACP-EEC Committee.* 

## *Domain 3* - *Other actors involved*

Further actors which were involved in ACP-EC cooperation under Lome IV *bis* are listed in table 27.3.

Table 27.3: Domain 3 - Other actors involved\*


• new clusters only

In Lome IV *bis,* it was decided to replace the word *delegate* with the expression *Head of Delegation.* In all Lome Conventions, including Lome IV *bis,*  the Commission appointed a person to each ACP State or a group of ACP States that was to represent the Commission and to facilitate the application of the Convention in these countries. The change of name, i.e. from *Commission Delegate* or simply *Delegate* to *Head of Delegation,* can be considered sensible and legitimate, as this person was supported by staff from both the Community and the ACP State(s) concerned.

As explained at length elsewhere61, the organisations and bodies involved in the area of decentralised cooperation were referred to as the *agents of decentralised cooperation* or, in a few cases, *agents from the ACP States,* both of which represented new terms of Lome IV *bis.62* 

## *Domain 4* - *Types of cooperation*

As to the types of cooperation, the only new term in Lome IV *bis* was a direct result of the change from *European Economic Community* and *EEC* to *European Community* and *EC* respectively. As a matter of course, the term *ACP-EEC cooperation* was replaced with *ACP-EC cooperation.* 

Table 27.4: Domain 4 - Types of cooperation\*


• new clusters only

## *Domain 5* - *Types of development*

In terms of types of development, the WordSmith analysis identified one new word cluster.

Table 27.5: Domain 5 - Types of development\*


• new clusters only

The sustainable development of forest resources was a new topic in Lome IV *bis* and was covered in a separate protocol, as mentioned above63• In addition, sustainability was increasingly considered essential for the ACP States' development in general. For example, in drawing up their indicative programmes, the ACP States were required to emphasise projects that were

<sup>61</sup> See Section 5.4.5.1 for information on the key word *agents* 

<sup>62</sup> Whereas in Lome IV the term *decentralized cooperation* had been spelt with the letter "z", in Lome IV *bis* the spelling was changed to *decentralised cooperation,* i.e. with the letter "s".

<sup>63</sup> See Section 5.4.5.1 for information on the key words *timber, forests* and *tropical* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

able to contribute to sustainable development (European Communities 1995a: Article 55). Furthermore, the idea of sustainable economic and social development of the developing countries was mentioned twice in Lome IV *bis,* that is, once in the overall objectives of ACP-EC cooperation and once in the Joint Declaration on Trade Development.

## *Domain* 6 - *Trade-related aspects*

Three new word clusters were identified in the area of trade. They are listed in table 27.6.


Table 27.6: Domain 6 - Trade-related aspects•

In the Joint Declaration on Trade and Development, the contracting parties emphasised the "crucial importance of trade for any self-sustained development" and pointed to the instruments for developing trade provided by the Convention (European Communities 1995a: JDTD). It is quite astonishing that such a declaration was even needed after almost 40 years of cooperation, 20 of which had taken place within the Lome framework. The fact that this declaration was issued nonetheless may show the contracting parties' dissatisfaction and disappointment with the results of the Conventions. Although it was a joint declaration, issued by both the Community and the ACP States, it reads as if the Community wanted to remind the developing countries of their respective roles - that it was meant to provide support, but that it was each ACP State's own responsibility to act and to get off the ground. Accordingly, the contracting parties declared trade development a priority of ACP-EC cooperation under the eighth EDF and agreed to define and implement "coherent trade policies and strategies in line with the comparative advantages and priorities set by each individual ACP State" (1995a: JDTD). Support for the definition and implementation of trade policies and programmes was even added to the objectives of development finance cooperation (1995a: Article 40). Moreover, the appraisal of projects and programmes was meant to take their "compatibility with the ACP States' trade policies and trade development programmes" into account (1995a: Article 59).

In Lome IV *bis,* the contracting parties made frequent references to international markets. Although in some text passages international markets were mentioned in addition to the ACP States' domestic markets, regional and intra-ACP markets as well as Community markets, the latter were sometimes considered a part of international markets. In any case, Lome IV *bis* aimed at strengthening the presence and competitiveness of the ACP States' goods and services not only in their home markets, but also and increasingly in international markets.

#### *Domain 7 -Aid-related aspects*

Partly due to the fact that the revision of Lome IV comprised a new financial protocol, several new word clusters refer to the area of aid. They are shown in table 27.7.


• new clusters only

As Lome IV had included a financial protocol for the first five years of its validity only, Lome IV *bis* contained a new financial protocol, the so-called *Second Financial Protocol,* which covered the period of 1995 to 2000. In terms of European Development Funds, the former provided for the seventh EDF, while the Second Financial Protocol established the eighth EDF.

About two per cent of the eighth EDF represented unallocated or unusable resources that had been transferred from previous funds. While a fraction of these funds were unallocated grants from the fourth and sixth EDF respectively, the majority of these resources arose from the "adjustment of the aggregate total of seventh EDF grants", one part of which was considered unusable for the purposes of programmable aid, with the remaining part being decided upon by the contracting parties on the basis of Article 232 of the Convention (European Communities 1995b: Article 1). The latter provision Judith Kast-Aigner - 978-3-631-75372-9

stipulated an adjustment of the amounts of the EDF in case an ACP State failed to ratify the Convention, new ACP States acceded to the Convention or the Community was enlarged (European Communities 1989: Article 232).

The expressions *implementation of the indicative programme, indicative allocation* and *indicative amount* appear in the rules concerning the programming of resources and the review of the indicative programmes. The amount that each ACP State was to receive in its indicative programme was referred to as the *indicative allocation* or *indicative amount* and was disbursed to the ACP States in the form of instalments. While the indicative programme could be reviewed at the request of the ACP State in question, Lome IV *bis*  provided for its review either three years after the Second Financial Protocol came into force or even before the end of that period, in case the ACP State concerned had achieved "a high level of commitments in the implementation of the programme" (European Communities 1995a: Article 56). This high level was specified by the Community as being 80 per cent of the first instalment of the indicative allocation (European Communities 1995b: Article 19).

While risk capital had always been part of the financial resources provided to ACP States under the Lome Conventions, the term *risk capital resources* first occurred in Lome IV *bis.* The EIB was concerned with the management of two types of resources, viz. loans made from its own resources and risk capital, with all other resources of the Convention being administered by the Commission (European Communities 1995a: Article 68). Like the somewhat clumsy expressions *loans from its own resources* and *loans financed/granted/made from its own resources,* risk capital was sometimes referred to as *risk capital resources.* 

#### *Domain 8* - *Political dimension*

One of the new domains of the Lome IV *bis* corpus covers word clusters referring to political aspects of ACP-EU cooperation.


Table 27.8: Domain 8 - Political dimension

As discussed extensively elsewhere64, human rights had first been mentioned in Lome III, but were only seriously addressed in Lome IV. Lome IV *bis* went beyond the provisions of its predecessor by adding democratic principles, the rule of law and good governance, stipulating that development policy and cooperation were

"closely linked to respect for and enjoyment of fundamental human rights and to the recognition and application of democratic principles, the consolidation of the rule of law and good governance" (European Communities 1995a: Article 5).

Even more significantly, respect for human rights, democratic principles and the rule of law were declared essential elements of the Convention. The wording of the new clause was quite explicit and insistent:

"Respect for human rights, democratic principles and the rule of law, which underpins relations between the ACP States and the Community and all provisions of the Convention, and governs the domestic and international policies of the Contracting Parties, shall constitute an essential element of this Convention" (1995a: Article 5).

According to Article 366a, which was inserted into Lome IV *bis,* any contracting party that considered another party to have failed to fulfil an obligation regarding the essential elements could invite the party concerned to hold consultations in order to assess and rectify the situation. If a solution could not be found, appropriate steps could be taken, "including, where necessary, the partial or full suspension of application of this Convention to the Party concerned" (1995a: 366a).

While good governance was not included in the latter provision and therefore did not represent an essential element, it was considered a "particular aim of cooperation operations" (1995a: Article 5). This meant, however, that the suspension mechanism that was added to Lome IV *bis* could be applied in case of infringements of human rights, democratic principles and the rule of law, but not in case of violations of the principle of good governance. It is also worth noting that good governance was not elaborated, let alone defined, in the text of the Convention, which made it even more difficult to take action in case of alleged violations. Nevertheless, the mere fact that good governance was mentioned at all was seen as a major step forward. In this regard, Frisch notes that "this is the first time that this phrase has

<sup>64</sup> See Sections 5.4 and 5.4.4.1 for information on the key words *human* and *rights* as well as Section 5.4.4.2 (domain 20 - regulatory framework) for information on the word cluster *human rights* Judith Kast-Aigner - 978-3-631-75372-9

appeared in an EU cooperation agreement. This is of great significance in terms of development policy" (Frisch 1996: 7).

Finally, the new political tone was also reflected in the official objectives of ACP-EC cooperation, which were added to Lome IV *bis* and, as mentioned above, copied almost verbatim from the Treaty of Maastricht. These objectives included "the development and consolidation of democracy and the rule of law and adherence to human rights and fundamental freedoms" (European Communities 1995a: 78).

## *Domain 9* - *Environment*

The sustainable management and development of forests and forest resources were dealt with in a separate protocol, viz. Protocol 10, of Lome IV *bis,* which resulted in several new word clusters, listed in table 27.9.

#### Table 27.9: Domain 9 - Environment


As explained above65, the contracting parties committed themselves to promoting the conservation and regeneration of tropical forests and the sustainable management of forests that served the production of timber and timber products (European Communities 1995a: PlO Article 3). In recognition of the importance of tropical timber for some ACP economies and the benefits of the sustainable management of forests, the Community agreed to support the ACP States' activities that complied with the provisions of Protocol 10 not only by means of resources within the national indicative programmes but also via additional resources from the Community budget (1995a: PlO Article 5).

<sup>65</sup> See Section 5.4.5.1 for information on the key words *timber, forests* and *tropical* as well as Section 5.4.5.2 (domain 5 - types of development) for information on the word cluster *sustainable development* Judith Kast-Aigner - 978-3-631-75372-9

## *Domain 10* - *Debt and structural adjustment support*

Domain 10 deals with the area of structural adjustment support, where two new word clusters were identified.

Table 27.10: Domain 10 - Debt and structural adjustment support"'


Budgetary support, while mentioned once in Lome IV, received more attention in the review of the Convention. While Lome IV had already allowed for development finance cooperation to cover "budgetary support to alleviate domestic financial constraints", such support was limited to the use of counterpart funds (European Communities 1989: Article 224). This provision was amended in Lome IV *bis,* which stipulated that budgetary support could be given either indirectly, using counterpart funds, or directly, to ACP States with freely convertible and transferable currencies (European Communities 1995a: 41). The main purpose of budgetary support was laid down more clearly by adding that it was meant to assist the ACP States in improving "the implementation of their budgets with integrity, efficacy and equity" (1995a: 50). According to the principles of providing adjustment support, budgetary support had to fit in with the ACP States' overall reform programmes and explicitly excluded its use to cover expenditure for military purposes (European Communities 1995b: 20).

The term *macroeconomic and sectoral policies* was also new to Lome IV *bis,*  appearing three times compared to a single mention in Lome IV. The contracting parties recognised the need to coordinate the ACP States' reform programmes at the regional level and agreed to harmonise macroeconomic and sectoral policies in order to contribute to both regional integration and structural reform (European Communities 1995a: Article 47).

### *Domain 11* - *Regulatory framework*

Four new word clusters come under the heading of *regulatory framework,* as they refer to existing agreements and treaties which strongly influenced Lome IV *bis.* 


Table 27.11: Domain 11- Regulatory framework\*

• new clusters only

As Lome IV *bis* represented a review of Lome IV, amending several provisions, adding new rules and paraphrasing others, it comes as no surprise that it made quite a few references to the Fourth ACP Convention (of Lome) and the provisions amending this Convention. The last item in table 27.11 is also unsurprising, as the Treaty commonly referred to as the *Treaty of Rome*  was no longer called the *Treaty establishing the European Economic Community,*  but was referred to as the *Treaty establishing the European Community* instead.

## *5.5. The terminology of the Community's development cooperation policy in the Lome era: summary and conclusions*

The Lorne Conventions represented a complete overhaul of the European Community's development cooperation policy. The standing and significance of Lorne are succinctly described by Grilli:

"Great new experiment in development cooperation or old colonial wine in new bottles, new model of North-South relations or unique historical development, elephant or mouse, the first Lome convention and its successors have nonetheless come to symbolize the European attitude towards, and policy of, development cooperation more than any other set of decisions taken before or after" (Grilli 1993: 35).

For one thing, the range of developing countries was significantly expanded by including numerous former British colonies. For another, the areas of cooperation were broadened and new instruments were developed and applied, with every Lorne Convention adding to the existing areas and instruments of ACP-EC cooperation. While the basic idea of supporting less privileged countries by means of trade as well as technical and financial aid remained intact, the specific approaches adopted by the Community were different, i.e. less traditional, more creative and innovative. Some of the fundamental concepts of the association system of the Treaty of Rome and the Yaounde Conventions were turned upside down, including the change from trade relations based on reciprocity to a system of unilaterally granted nonreciprocal trade preferences, to name but one example.

On a linguistic and terminological level, the passage from Yaounde to Lorne brought about two visible changes. First, the colonial baggage of the Treaty of Rome and the Yaounde Conventions, reflected in the terms *Association* and *Associated States,* was finally left behind. As Hewitt and Whiteman aptly remark, "it was not simply a cosmetic change, but the style mattered" (Hewitt and Whiteman 2004: 140). By establishing the ACP Group, the developing countries gave themselves a legal existence, a formal framework for their activities and a sense of identity. When the Community ceased referring to them as the *Associated States,* they were no longer defined in terms of their relationship to the Europeans, but perceived as an independent entity that was on an equal footing with the Community.

Second, the increased sophistication and level of detail had an enormous impact on the terminology involved, in terms of both quantity and quality. With approximately 32,000 words, Lorne I was not only almost twice as long

as the preceding agreement (Yaounde II), but it also yielded a much larger number of key words (276 compared to 148) and word clusters (118 compared to 53). As the areas of cooperation grew, so did the respective tools and methods applied and, of course, the linguistic means to express these ideas.

Every Lome Convention can be considered representative of a particular theme of ACP-EC cooperation. While the Conventions tended to build on the provisions of their respective predecessors, each one introduced at least one specific feature - be it a new instrument, a fresh initiative or an innovative idea. As the first of the Lome Agreements, Lome I appeared to be utterly unique. Apart from the introduction of non-reciprocity in the trade relations between the Community and the ACP States, the most innovative feature was the system for the stabilisation of export earnings, which was designed to provide those developing countries whose economies were dependent on certain agricultural products with a steady stream of earnings from the export of these goods (European Communities 1975: Article 16).66

Lome II is generally considered the least innovative of the Lome Conventions (Grilli 1993: 37; Karagiannis 2004: 12-13; Frisch67). The key innovation of Lome II was the establishment of a special financing facility to support countries whose economies were dependent on the mining sector and were experiencing serious disturbances.68 The "smaller relative of Stabex", as this system is referred to by Lister (1997: 128), is commonly known as *SYSMIN.* 

Lome III saw a major revision of the structure of the text, which was then almost twice as long as Lome I. Organising the main text of the Convention into five parts and differentiating between areas and instruments of cooperation brought about genuine improvements in terms of clarity and comprehensibility.69 The key themes of Lome III were food security and food selfsufficiency, which gained in importance as agricultural cooperation was intensified.

69 See Section 5.4.3

<sup>66</sup> See Section 5.4.1.1 for information on the key words *earnings* and *transfers* as well as Section 5.4.1.2 (domain 5 - aid related aspects) for information on the word clusters *export earnings* and *stabilization system* 

<sup>67</sup> Personal interview, 4 September 2008.

<sup>68</sup> See Section 5.4.2.1 for information on the key words *investment* and *mining* as well as Section 5.4.2.2 (domain 5 - aid related aspects) for information on the word cluster *special financing facility* 

Lome IV and Lome IV *bis* were characterised by increasing aid conditionality. Accordingly, the most important and perceptible change introduced by Lome IV was structural adjustment support, requiring the ACP States to implement macroeconomic and sectoral reforms in order to qualify for the receipt of financial resources.70 The revision of Lome IV involved the incorporation of elements of political conditionality into ACP-EC cooperation, with human rights, democratic principles and the rule of law being declared "an essential element of this Convention" and good governance being considered "a particular aim of cooperation operations" (European Communities 1995a: Article 5).

The fact that every Convention can be linked to at least one key theme not only makes each of them distinctive but is also clearly reflected in the terminology used. In the Lome I corpus, the abbreviation *ACP* and the term *ACP States* are among the most frequent words, raising questions about the whereabouts of the Associated States. References to seven different types of cooperation (vs. two in Yaounde II), including the terms *industrial cooperation*  and *regional cooperation,* point to the extension of the relations between the Community and the ACP States to areas that had not been touched upon prior to Lome. The new key words *earnings* and *transfers* along with the word clusters *export earnings* and *stabilization system* indicate the importance of ST ABEX. The provision of aid was officially referred to as *financial and technical cooperation* and found its way into the language of Lome via the key words *projects* and *tenders* as well as numerous word clusters including *projects and programmes, invitations to tender* and *execution of projects.* The relations between the Community and the ACP States in the area of trade were referred to as *trade cooperation* and exemplified by the word clusters *originating products, movement certificate* and *customs authorities.* 

The Lome II corpus reveals the growing importance of the field of energy and mining, exemplified by the terms *mineral products* and *special financing facility,* as well as cooperation in matters concerning rural areas, as the key words *agricultural, rural* and *agro* and the word cluster *rural development* show.

The results of the analysis of the Lome III corpus reflect the emphasis on agricultural cooperation and food security, with the terms *agricultural commodities, food security* and *self-sufficiency* representing some of the most important word clusters in this area. Furthermore, Lome III introduced the

<sup>70</sup> See Section 5.4.4.1 for information on the key words *adjustment* and *structural* as well as Section 5.4.4.2 (domain 6- debt and structural adjustment support) Judith Kast-Aigner - 978-3-631-75372-9

idea of sectoral programmes and called for the channelling of financial resources into a State's focal sector or sectors.

Unsurprisingly, the Lome IV corpus includes several word clusters (e.g. *structural adjustment support, adjustment programmes* and *attenuation of the debt burden)* which point to the fact that the provision of aid was increasingly conditional, based on reforms which the Community and the Bretton Woods institutions required the ACP States to introduce. Likewise, the Lome IV *bis*  corpus reflects the trend towards political conditionality, with the word clusters *political dialogue, human rights* and *rule of law* being added to the language of the Convention.

While these two areas undoubtedly introduced far-reaching changes to ACP-EC cooperation, the corpus analysis uncovers another more general trend, viz. the growing scope and complexity of the Lome Conventions. The increase in the length of the texts resulted from at least two phenomena. First, the rules and provisions governing the relationship between the Community and the ACP States were becoming increasingly elaborate and complicated. For every rule, there were several exceptions; every provision was followed by conditions and restrictions; nothing was left to chance. With regulations becoming overly detailed, their enforcement was also getting more and more difficult and frustrating. Consequently, the enthusiasm and willingness to cooperate tended to suffer, particularly among those parties working in the field. Second, ACP-EC cooperation was continuously expanded to new subjects and areas. While this could be because the contracting parties only gradually identified the areas in which cooperation was possible and sensible, it could also be interpreted as an indication of the general dissatisfaction with, and disappointment at, the results of the Conventions. Whatever the case may be, new areas of cooperation called for new rules, different instruments and further committees. From a terminological point of view, the result is a constantly growing collection of terms, only some of which are truly interesting and meaningful. As a matter of fact, several expressions used in the Conventions seem to be random and ill-conceived, not lending themselves to further study. Moreover, the increase in the areas and instruments of cooperation as well as the countries and parties involved caused the need for coordination and monitoring, which is reflected in the results of the corpus analysis, including the key words *complementarity* (Lome III), *coordination*  (Lome IV) and *consistency* (Lome IV *bis)* as well as the word cluster *monitoring and evaluation* (Lome IV).

Further observations on the terminology used by the Community in the Lome Conventions include the gradual introduction of abbreviations and acronyms and the adoption of terms from other international organisations. The first abbreviations can be found in Lome I, viz. *ACP* for *African, Caribbean and Pacific* and *EEC* for *European Economic Community.* Further examples are included in Lome II *(EUA* for *European units of account),* Lome III *(ECU* for *European Currency Unit* and *EDF* for *European Development Fund),* Lome IV *(CDI* for *Centre for the Development of Industry* and *PMDT* for *processing, marketing, distribution and transport)* and Lome IV *bis (EC* for *European Community).* The acronym *SYSMIN,* short for the system for mineral products, was only used for the first time in Lome III, although the concept had been introduced in Lome II. Likewise, the stabilisation of export earnings, launched in Lome I, was not referred to as *STABEX* until Lome IV. Apparently, the coining and use of acronyms lags behind the actual introduction of the concepts to which they refer.

International organisations had a growing impact on the Community's development cooperation policy, both conceptually and terminologically. As described above71, Lome I introduced the term *least developed ACP States* to refer to a subgroup of the Community's contracting parties which, due to their particular situation, were meant to benefit from more favourable terms. While the UN's concept of least developed countries was used as a basis for identifying these countries, the Community decided to adapt the international classification system to better suit its own agenda. Similarly, the Community followed the IMF when it introduced its structural adjustment scheme in Lome IV. While the IMF had introduced a so-called *Structural Adjustment Facility* in 1986, the EU referred to its schemes as *Structural Adjustment Programme* or, more frequently, *Structural Adjustment Support,* which gave the programme, which was highly unpopular with the developing countries, a positive spin.

Finally, it is worth summarising and providing an overview of the various different types of cooperation that little by little found their way into the Lome Conventions. As in the Yaounde Conventions, the official term to refer to the provision of assistance by the Community was *financial and technical cooperation.* While *technical cooperation* appeared both as part of *financial and technical cooperation* and as an independent term, the expression *financial cooperation* did not exist. New to Lome were *industrial cooperation* and *administrative cooperation,* both of which referred to completely new aspects of

<sup>71</sup> See Section 5.4.1.2 (domain I - parties to the contract) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

the Community's development cooperation policy. The concepts of trade cooperation, regional cooperation and interregional cooperation had existed before, but they had not been labelled as such. In Lome III, the concept of interregional cooperation was subsumed into the concept of regional cooperation. Agricultural cooperation, both the term and the concept, was not a novelty of Lome III, but gained in importance and visibility since it was dealt with more extensively in a separate section. The term *ACP-EEC cooperation* was introduced, representing a somewhat general way of referring to the relations between the Community and the ACP Group. Strangely enough, Lome III was the first of the Conventions to actually mention the term *development cooperation,* which probably best describes the purpose of the agreements. Within the framework of the Lome Conventions, the terms *ACP-EEC cooperation* and *development cooperation* can be considered synonyms. While *ACP-EEC cooperation* indicates the participating groups of countries, *development cooperation* accentuates the objective of their joint efforts. The key change in Lome IV was the fact that the term *financial and technical cooperation*  was replaced with *development finance cooperation.* Development finance cooperation includes technical cooperation, which still existed as an independent term, and the provision of financial resources. Although *development finance cooperation* was coined only five years later than *development cooperation,* the two terms seem to belong together and complement each other. Development cooperation, i.e. cooperation aimed at the development of the ACP States, had to be supported by development finance cooperation, i.e. financial and technical assistance, to make development possible.

#### 5.6. *The Cotonou Agreement*

In June 2000, the Lome Conventions, which had governed ACP-EC cooperation for 25 years, were replaced with a new agreement, which was signed in Cotonou and is referred to as the *Cotonou Partnership Agreement* (or simply *Cotonou* or the *Agreement).* Unlike its predecessors, Cotonou has been concluded for 20 years and contains a clause foreseeing its revision every five years along with a financial protocol for every five-year period (European Commission Website 2007b). Cotonou is also said to differ from Lome in that it merely provides a framework agreement that contains objectives, principles and options for instruments, whereas the Lome Conventions represented "selfcontained rule systems" (Babarinde and Faber 2005: 6). As a consequence, its implementation will depend at least partly on the results of future negotiations and debate (2005: 6).

The principal objective of ACP-EU cooperation is to "reduce and eventually eradicate poverty while contributing to sustainable development and to the gradual integration of ACP countries into the world economy" (ECDPM 2002c: 1). While such a clear focus on poverty reduction and eradication is highly desirable, Arts and Dickson remark that "it is difficult to believe that this has not been the goal of EU development policy thus far" (Arts and Dickson 2004b: 150).

ACP-EC cooperation is based on a set of four fundamental principles: the equality of partners and the ownership of development strategies; the participation of a variety of actors; dialogue and the fulfilment of mutual obligations; and finally differentiation and regionalisation (European Communities 2000a: Article 2; ECDPM 2002c: 1). What might appear to be mere platitudes turns out to be concrete ideas reflected in several provisions of the agreement. For example, the principle of differentiation is deeply entrenched in the new rules governing trade cooperation, with a distinction being made between countries that are considered capable of competing in the global economy and countries that are not (Banthia 2007: 11). The principle of dialogue and the fulfilment of mutual obligations point to a much stronger political foundation of development cooperation (ECDPM 2002c: 1).

In fact, the strengthening of political dialogue and the political dimension of ACP-EU cooperation in general represent one of the major changes of Cotonou. All provisions concerning the political framework of their relationship are grouped together in a separate title, viz. Title II, which represents an "important qualitative change" (Arts 2005: 160). While in the past political Judith Kast-Aigner - 978-3-631-75372-9

dialogue was restricted to a rather narrow set of issues (ECDPM 2002d: 1), i.e. political conditionality of aid in connection with violations of human rights and democratic principles, Cotonou provides for dialogue on "all the aims and objectives laid down in this Agreement as well as all questions of common, general, regional or sub-regional interest" (European Communities 2000a: Article 8). It explicitly includes debate on "arms trade, excessive military expenditure, drugs and organised crime, or ethnic, religious or racial discrimination" and is meant to assess regularly developments in human rights, democratic principles, the rule of law and good governance (2000a: Article 8). While the EU's primary partners in political dialogue are central government agencies, one of the main innovations in Cotonou is the involvement of regional organisations and representatives of civil society organisations in political dialogue (ECDPM 2002d: 1). However, the agreement lacks details on their role and the extent of their involvement and therefore "raises many queries and potentially complicating factors" (Arts 2005: 164).

As in Lome IV *bis,* respect for human rights, democratic principles and the rule of law are considered essential elements of ACP-EU cooperation. In the negotiations of the Cotonou Agreement, the role of good governance, which had had the status of a "particular aim" in Lome IV *bis,* was the subject of heated and lengthy debate, for the EU wanted to make good governance a fourth essential element, an idea that was strongly opposed by the ACP States (ECDPM 2002e: 1-2). Under the compromise that the parties finally reached, good governance is referred to as a *fundamental element* of ACP-EU cooperation, which "enhances its legal status, but like before, keeps governance requirements at a lower profile than the essential elements" (Arts 2005: 163). Most importantly, the violation of an essential element may trigger a consultation procedure, which may be followed by sanctions in the form of "appropriate measures", including, as a measure of last resort, the suspension of aid (ECDPM 2002e: 2). By contrast, failure to comply with good governance standards does not give rise to this procedure, so that the ACP States do not have to fear the suspension of aid in this connection. The only exception applies to serious cases of corruption, which may result in consultations, appropriate action and suspension (2002e: 2). Most significantly, this procedure can be applied in serious cases of corruption not only involving EDF resources but in any country where the Community is financially active and where corruption represents an obstacle to development (European Commission Website 2007c). In this context, the ACP Group criticised the Community for pushing its own agenda, arguing that the text of the agreement was

imbalanced, emphasising and elaborating the EU's objectives, especially its political objectives, but ignoring the aims of the ACP States, viz. development (Arts 2005: 164-165). Arts and Dickson note that "the Community forced its most recent political priority through, and was not open to ACP opposition on this point" (2004: 10).

Another change in ACP-EU cooperation relates to the participation of nonstate actors and local authorities. While the ACP governments are still responsible for formulating their countries' development strategies, non-state actors, including civil society, the private sector and trade unions, as well as local authorities may not only participate in consultations and discussions, but are also provided with financial resources and involved in the implementation of development programmes (ECDPM 2002f: 1). The status of the private sector has been particularly enhanced, with its role as an engine of economic growth explicitly recognised in the Agreement. Being involved in political dialogue, the definition of strategies and the implementation of projects, it is considered a key actor that may "complement governmental action in the development process" (ECDPM 2002g: 1 ). The involvement of civil society was one of the most controversial topics in the negotiations for a new cooperation agreement, as the ACP States were hesitant to accept the involvement of NGOs in all stages of a project and feared being ousted by organisations which they considered to lack governance, accountability and transparency (Carbone 2005: 184). They finally agreed to their involvement, laid down under the principle of participation, which stated that

"apart from central government as the main partner, the partnership shall be open to different kinds of other actors in order to encourage the integration of all sections of society, including the private sector and civil society organisations, into the mainstream of political, economic and social life" (European Communities 2000a: Article 2).

Cotonou provides for non-state actors' involvement in several activities, but only "where appropriate" (2000a: Article 4), with the latter two words raising serious concerns among civil society organisations that their participation may depend on the goodwill of their governments (Carbone 2005: 187).

The traditional areas of ACP-EU cooperation, aid and trade, have also undergone fundamental reform. In terms of aid, the EU has aimed to streamline both the instruments used to provide financial resources and the programming process. The distinction between programmable aid, allocated through national and regional indicative programmes, non-programmable aid, granted for specific purposes (e.g. STABEX, structural adjustment support), and loans administered by the EIB has been dropped. There are now only two cooperation instruments: the grant facility, representing a single envelope for grants to ACP States and regions, and the investment facility, replacing the risk capital and interest rate subsidies provided for in Lome (ECDPM 2002h: 1- 2). ST ABEX and SYSMIN no longer exist as separate instruments, with support for ACP States dependent on agricultural products and/or the mining sector in cases of short-term fluctuations in export earnings provided via the grant facility (Babarinde 2005: 33). Likewise, humanitarian assistance and structural adjustment support have been integrated into the grant facility (Hoebink 2005: 148). The most significant changes with regard to programming are the introduction of performance-based aid management and rolling programming along with the establishment of country support strategies (CSS). The latter is meant to include an outline and assessment of a country's development strategies and an analysis of its situation as well as to provide the basis for the indicative programme. In a system of rolling programming, the indicative programme is subject to an annual review, a mid-term review after 2.5 years and an end review at the end of the programming period (ECDPM 2002i: 1). The allocation of resources is no longer automatic, but has to 'be based on needs and performance" (European Communities 2000a: Annex IV, Article 3). After completing the mid-term and the end-of-term review, the Community may therefore revise the resource allocation, which may result in an increase in resources for the "good performers" or a reduction in resources for the "bad performers" (ECDPM 2002j: 2).

The most radical change is brought about in the area of trade cooperation, where Cotonou provides for a regime that guarantees full conformity with the rules of the WTO. The non-reciprocal trade preferences granted to the ACP States under the Lome Conventions are to be replaced with a set of trade and economic cooperation agreements, which have been the subject of negotiations since 2002 and under which different ACP countries and regions are given different treatment by the EU (ECDPM 2002f: 2). The original plan set forth in the Cotonou Agreement consisted of a transition period until 31 December 2007, during which the "old" trade regime, i.e. the non-reciprocal trade preferences granted under Lome, was to be maintained. In 2008, the new agreements, referred to as *Economic Partnership Agreements (EPAs),* were expected to enter into force. EP As are essentially free trade agreements under which the parties agree to remove restrictions on imports from the other parties (ECDPM 2002k: 1). The key principles of the EPAs are reciprocity,

development, regionalism and differentiation (Bilal 2007: 73). Reciprocity is necessary to make the EPAs compatible with WTO rules, for it requires the ACP States to open their own markets to European products in order to qualify for preferential access to the Community market. The principle of development implies that instead of being mere trade agreements, EP As should contribute to sustainable development, economic growth and, ultimately, poverty eradication (2007: 73) or, using the euphemistic description of the European Commission, represent "trade and cooperation agreements at the service of development" (European Commission 2009: 16). Regionalism means that the EU wants the ACP States to sign EP As collectively as regional groups and not individually in order to promote regional integration. To this end, the ACP States are divided into six groups, viz. West Africa, Eastern and Southern Africa, Central Africa, Southern Africa, the Caribbean and the Pacific (Bilal and Braun-Munzinger 2008: 4-5). According to the principle of differentiation, special treatment is granted to the 39 least developed countries among the ACP countries. Due to their fragile economies, they are not obliged to sign EP As and may choose to retain the existing non-reciprocal trade preferences. In fact, under the so-called *Everything but Arms* (EBA) initiative, adopted by the Community in 2001, they enjoy free access to the European market for all products except arms and ammunition (ECDPM 2002k: 2). Those non-LDC ACP countries that feel that they are not in a position to enter into an EPA lose their non-reciprocal trade preferences granted under Lome and are to be transferred to the EU's Generalised System of Preferences, a nonreciprocal preferential trade regime that offers less favourable terms than Lome (ECDPM 2002k: 1-2).

The initial plan to conclude the EP As with the six regions by December 2007 turned out to be overambitious and unrealistic. What is more, the idea of EPAs raised serious concerns among the ACP States, with the positions of the EU and the ACP Group becoming increasingly divergent (Bilal 2007: 76). The EPA negotiations were conducted in two phases. The first phase, running from September 2002 to September 2003, involved the Commission and the ACP Group as a whole and aimed at the definition of the format, structure and principles for the second phase of negotiations, which took place at the regional level, with the EU entering into bilateral negotiations with the six regions listed above (Bilal and Braun-Munzinger 2008: 5). As yet, the only regional group that has signed a full EPA is the Caribbean Forum of ACP States (CARIFORUM), representing 15 Caribbean countries. The East African Community (EAC), which was originally grouped with the countries of Eastern and Southern Africa (ESA) to negotiate a single agreement, initialled an interim EPA, as did six members of the ESA region. Furthermore, the EU concluded interim agreements with five countries in Southern Africa, two countries in West Africa, one country in Central Africa and two countries in the Pacific (European Commission Website 2008c; Bilal and Braun-Munzinger 2008: 1, 27-28). The remaining ACP States, apart from South Africa, are subject to the EU's Generalised System of Preferences, with the LDCs among them benefitting from its more favourable EBA sub-regime, which leaves only the non-LDC ACP States with the less favourable standard CSP (Bilal and Braun-Munzinger 2008: 1). South Africa is different from all these countries in that it had already concluded a bilateral free trade agreement with the EU (the socalled *Trade, Development and Cooperation Agreement)* in 1999, which came into force in 2004 (European Union Website 2009a). Overall, 36 countries have already signed full or interim EPAs, only 19 of which, however, are African states. While the majority of the African States in the ACP Group are therefore subject to the EU's CSP, only three of them, viz. Congo, Gabon and Nigeria, are affected by the standard CSP, which offers less favourable treatment than the Lorne trade regime (Bilal and Braun-Munzinger 2008: 1, 27-28).

The negotiations were challenging from the outset, characterised by frustration, tension and deep mistrust (Bilal and Braun-Munzinger 2008: 4). Several problems occurred, with regard to both the process and the subject matter of the negotiations. As to the latter, the EU and the ACP States disagreed about the fundamentals of the new agreements, in particular the elements relating to development. The EU deemed EP As an appropriate instrument to promote development through trade liberalisation, a sound policy framework to attract investment, and regional integration. These elements were considered necessary but not sufficient by the ACP States, which argued for accompanying measures to facilitate the adjustment process, including financial support in addition to the existing EDF (2008: 5). Furthermore, the asymmetry in the relationship between the contracting parties, with a highly skilled and well-staffed team on the part of the EU and an untried group of negotiators that lacked experience on the part of the ACP States, represented a serious flaw (McMahon 2005: 60-61). Together with the tight schedule and the looming deadline, the strain on the contracting parties was enormous and the EU was severely criticised for "getting countries to sign through pressure and the threat of imposing tariffs from 2008 on" (Bilal and Braun-Munzinger 2008: 6). Last but not least, the negotiation process revealed the weak regional cohesion in some EPA regions. Not only did national

interests of individual ACP States predominate over the aim of regional integration (2008: 6), but the EU was also accused of pushing the ACP States into regional configurations that did not reflect reality (Meyn 2008: 4). In the case of the Caribbean and the Pacific, non-members were incorporated into existing regional groups. In other cases, sub-regions were merged into larger entities, disregarding the fact that the resulting "associations had yet to reach a sufficient level of integration" (2008: 4).

Meyn criticises the results of the EPA negotiations, declaring that "most EPAs are neither complete nor comprehensive" (2008: 11). She considers the results of five years of negotiations to be highly unsatisfactory, as some regions submitted trade liberalisation schedules that had been drafted in a hurry and others had to agree to texts that "were largely EU templates - tabled only a couple of days before the interim deals were signed" (2008: 11). In general, she accuses the EU of neglecting the ACP States' worries about development, while pretending to have a partnership of equals (2008: 12). Others report that many ACP stakeholders felt that the agreements had been externally imposed on them, with commercial and political interests prevailing over development concerns (Bilal and Braun-Munzinger 2008: 6). Even Dieter Frisch, former Director General for Development, expresses his frustration with the EPA negotiations. Not only is he disappointed with the EU negotiators' insensitivity to the ACP States' fears and concerns72, but he also remains unconvinced of the EU's approach, questioning whether "opening up the markets of the structurally weaker partners in an FT A would be beneficial for their development" (Frisch 2008: 34).

To conclude, the Cotonou Partnership Agreement leaves the countries and parties involved as well as outside observers with mixed feelings. According to McMahon, Cotonou incorporates elements of both continuity and change. He points out that

"whereas the negotiation of the Lorne Convention heralded the formal creation of the ACP, the Cotonou Agreement represents the beginning of the end for this group as a single coherent entity" (McMahon 2005: 61).

A similar point is made by Babarinde and Faber (2005: 1-2). On the one hand, Cotonou symbolises the affirmation of a long-lasting and well-established tradition; on the other, it significantly changes the core of the relationship. They conclude that "the name change from 'Lome Convention' to 'Cotonou

<sup>72</sup> Personal interview, 4 September 2008. Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

Agreement' is both symbolic and an embodiment of the shift in philosophy and in design of the relationship" (Babarinde and Faber 2005: 2) and argue that ACP-EU cooperation has become more similar to the contractual relationships that the EU has with other developing countries (2005: 9). The latter point is confirmed by Brown, who considers the gradual changes to the ACP-EU cooperation to have undermined the "claims of the EU or ACP to have a unique development cooperation relationship", adding that their relationship increasingly resembles the policies of the World Bank (Brown 2004: 37).

In accordance with Article 95 of the Cotonou Agreement, negotiations for a revision of the Agreement were launched in 2004 and completed in 2005 (European Commission 2006b: 12). The area of economic and trade cooperation was not included in this revision, as it is subject to its own review procedures ("The review": 1). The revision focused on the strengthening of the political dimension and improvements in the development strategies, the Investment Facility and the implementation procedures (European Commission 2006b: 13). As in the past, the political dimension represented the most controversial element of the negotiations. Against strong opposition from the ACP States, the Community managed to add the non-proliferation of weapons of mass destruction to the essential elements of the Agreement (2006b: 8). Likewise, provisions regarding the fight against international crime and references to the International Criminal Court were included despite the ACP States' initial resistance (2006b: 8 and 15). On the other hand, the political dialogue was extended to include representatives of the ACP Group and the Joint Parliamentary Assembly. Furthermore, in the case of an alleged violation of the essential elements, such dialogue must take place before the consultation procedure under Article 96 can begin (2006b: 13). Both aspects can be seen as modest concessions from the Community to the ACP States.

As far as the other areas of negotiation were concerned, the revision was primarily aimed at resolving the teething problems of the Cotonou Agreement. For example, non-state actors' access to the resources of the indicative programmes has been facilitated; local authorities are now entitled to participate in the negotiations and implementation of the national indicative programmes (European Union Website 2009b). The Millennium Development Goals have been added to the preamble of the Agreement, identifying them "as the guiding light for ACP-EC cooperation" (European Commission 2006b: 9). As to regional cooperation, the contracting parties have agreed to facilitate the participation of non-ACP developing countries in geographical proximity to or in regional bodies with the ACP States (2006b: 9 and 16). Furthermore, Judith Kast-Aigner - 978-3-631-75372-9

the contracting parties aimed at changing the National Authorising Officer's scope of duties from solely administrative and procedural to more strategic and coordinating tasks ("The review": 1). Accordingly, the responsibilities of the managing and executing agents have been reformulated and the role of the NAO strengthened (European Commission 2006b: 20).

None of the provisions of the revised Agreement has introduced particularly courageous, ground-breaking or unexpected changes. The reinforcement of the political dimension has not come as a surprise, but rather represents a further logical step in the process of the politicisation of ACP-EU cooperation. Nevertheless, ACP representatives expressed strong resentment at the fact that the "ACP States focus on the problem of development and that the EU's major concern is for security, democracy and good governance" ("EU and ACP partners come to understanding"). The contracting parties' reaffirmed commitment to the MDGs can be considered a mere token gesture, which is not expected to change anything, the more so as it is not backed up by additional funds from the Community.

## *5.6.1. The Cotonou corpus*

The Cotonou corpus contains the complete text of the Cotonou Partnership Agreement as well as the attached protocols and annexes. Furthermore, it includes a compendium of texts on cooperation strategies, aimed at providing additional information concerning the "objectives, policy orientations and operational guidelines in specific areas" (European Commission 2001: 7) of ACP-EU cooperation, hereafter referred to as the *Compendium,* and two internal agreements concerning the financing and administration of aid and the implementation of the Cotonou Agreement respectively. The total number of words in the Cotonou corpus amounts to almost 112,100.

#### *5.6.1.1. Key words*

The starting point of the analysis is the word list of the Cotonou corpus, which consists of 5,911 entries. It is compared with the reference word list, resulting in 757 key words, which, by removing noise and other elements that are not relevant from a terminological perspective, are scaled down to 584. A comparison with the respective results of the Lome corpora shows that approximately a third of the key words of the Cotonou corpus are completely new key words, which means that they did not appear in the Lome corpora at all or not often enough to have the status of key words. At the other end of the spectrum, only thirteen per cent of the key words of Cotonou had also been key words in each of the five Lorne corpora. The results of this comparison are illustrated in table 28.


Table 28: Comparison of Cotonou and Lorne key words I

As far as the individual Lorne Conventions are concerned, it is not surprising that Lorne IV shows the greatest overlap with Cotonou. In fact, the overlap in key words increased continuously. As table 29 shows, only about 30 per cent of the Cotonou key words also appeared in Lorne I, whereas the respective proportion in Lorne IV is almost twice as high.

**Cotonou key words appearing ...**  .. . in Cotonou + Lome I ... in Cotonou + Lome II ... in Cotonou + Lome III ... in Cotonou + Lome IV 29.6% 39.9% 46.7% 58.9%

Table 29: Comparison of Cotonou and Lorne key words II

A selection of the new key words of Cotonou, which are also discussed in more detail below, is listed in table 30 (see next page).

The key words *EU* and *euro* are clearly the results of developments that had taken place inside the Community. While Lorne IV *bis,* signed after the Treaty of Maastricht, made references to the *European Union,* the abbreviation *EU* was not included at that time at all. In Cotonou, it appears 55 times and is often used in compound nouns describing the relationship with the ACP States, such as in *ACP-EU partnership, ACP-EU cooperation* and *ACP-EU private sector.* The term *European Union* is still used, but mainly in connection with its members (e.g. *Member States of the European Union)* and institutions (e.g. *Council of the European Union).* As the euro replaced the ECU in 1999, the latter

is no longer used in Cotonou, with all amounts and values being expressed in euros.

Table 30: Selected new key words of Cotonou


The word *partnership* plays a key role in Cotonou. In contrast to the agreements signed in Yaounde and Lome, which were referred to as *Conventions,* the latest pact between the Community and the ACP States is officially called a *Partnership Agreement* (18 occurrences) and is frequently referred to as the *ACP-EC Partnership Agreement* (9 occurrences). Likewise, the relationship between the EU and the ACP States is sometimes referred to as the *ACP-EU partnership* (6 occurrences). The word *partnership* is also included in the newly coined term *Economic Partnership Agreement,* which refers to the new trading arrangements that were to be negotiated in the years to come, representing what is perhaps the most controversial issue of Cotonou and its least popular element from the ACP Group's point of view. The name chosen for the new trade rules might have been influenced by strategic considerations, as the word *partnership* certainly has positive connotations, evoking associations with fairness, equality, security and candour.

Even if we leave the above-mentioned word clusters aside, the key words *partnership* and *partnerships* still appear 27 and 16 times respectively. The latter is mainly used in the area of investment and private sector development, where partnerships between ACP and EU firms and with private investors are to be facilitated and promoted. Furthermore, partnerships between the various actors, which are also referred to as *public-private partnerships* and include public administrations, the private sector, civil society and donors, are to be strengthened, for they are regarded as useful contributors to development in sectors as diverse as agriculture, health, telecommunications and technology. While the singular form of the word is also sometimes used in these contexts, the word *partnership* mainly seems to refer to the relationship of the EU and the ACP States in general and can therefore also be considered a synonym of the term *ACP-EU partnership,* as pointed out above. The following list of (selected) concordances of the word *partnership* reveals some of the characteristics involved in such a partnership. Obviously, the partnership is considered to provide support and is aimed at a set of clearly defined objectives. Moreover, it involves a variety of actors who have to be aware of both the rights and obligations that the partnership entails.


The key word *actors* points to one of the most significant changes that Cotonou has brought about. In fact, the range of actors has been significantly extended, as the contracting parties recognised "the complementary role of and potential for contributions by non-State actors to the development process" (European Communities 2000a: Article 4). Under Cotonou, the actors of cooperation include both state and non-state actors, with the former referring to official bodies at the local, national and regional levels and the latter comprising the private sector, economic and social partners such as trade unions and "civil society in all its forms according to national characteristics" (2000a: Article 6). In order to be approved as a non-state actor, a party has to have specific competencies as well as democratic, transparent organisation and management, and, most importantly, must "address the needs of the population" to a certain extent (2000a: Article 6).

With 24 occurrences, the term *non-state actors* represents the most frequent collocation of the word *actors.* All other collocates are by far less common, including the term *civil society actors* as well as some rather vague expressions such as *actors of the partnership, actors in/of development* and *actors of cooperation.* 

Civil society represents one of three main groups of non-state actors whose importance is recognised in the Cotonou Agreement. Although Article 6 provides some guidance as to the definition of non-state actors (see above), it is obvious that there is still some leeway left to include - or exclude - certain organisations. In order to avoid misunderstandings, the contracting parties have issued a joint declaration concerning the scope of civil society, admitting that the definition of civil society depends on the socio-economic characteristics and cultural conditions of each ACP State and may therefore differ enormously from country to country. Furthermore, several organisations are explicitly pointed out to be part of civil society, including human rights groups, grassroots organisations, women's associations, youth and childprotection organisations, environmental movements, cultural associations and the media (European Communities 2000a: Declaration I).

The word *actors* is also closely related to several other new key words, viz. *participatory, decentralisation* and *stakeholders.* The Compendium specifies that ACP-EU cooperation is meant to "promote participatory approaches", which again implies that both state and non-state actors are expected to contribute (European Commission 2001: 55). In particular, the word *participatory* is sometimes used to demand the involvement of various parties or *stakeholders,*  as they are sometimes referred to, in the management of resources (2001: 10) as well as the development and implementation of policies (2001: 13 and 30). In addition, it is mentioned in connection with democracy and democratic principles, which include "the existence of participatory mechanisms" (European Communities 2000a: Article 9).

Decentralisation is mainly mentioned in connection with decentralised cooperation, which is described as "another way of going about cooperation, one that places the actors themselves (in all their diversity) at the heart of the cooperation process" (European Commission 2001: 57). This explanation is complemented by a similarly diffuse enumeration of the actors of decentralised cooperation. While a few actors, such as local government authorities and development support structures, are explicitly mentioned, "the range of possible actors has voluntarily been left open with a view to welcoming initiatives from different sectors of a pluralist civil society" (2001: 57). On the one hand, the vagueness and inaccuracy of the language is surprising, the more so Judith Kast-Aigner - 978-3-631-75372-9

as the Community had tended to be conservative and overly cautious in the wording of its texts in the past. On the other, participation of civil society is one of the innovations of Cotonou, with its implementation representing unknown territory. Imposing too many restrictions on a new - and somewhat bold - initiative might have discouraged organisations from getting involved in the first place. Besides, the descriptions given above are not included in the actual Agreement but in the Compendium and may therefore be meant to appeal to a wider audience, resembling the language the Community uses in the booklets promoting its activities.

Political elements gradually found their way into the relationship between the EU and the ACP States, reaching their height in the Cotonou Partnership Agreement - at least for the time being. Several new key words are indicative of the growing importance of the political dimension, viz. *dialogue, governance, corruption* and, to some extent, *institutional.* The word *dialogue* is particularly interesting, as it appears in the Cotonou corpus 60 times. Its most frequent collocation is *political dialogue,* which represents another key element of the Cotonou Agreement. According to Article 8, the Community and the ACP States are meant to "engage in a comprehensive, balanced and deep political dialogue leading to commitments on both sides" (European Communities 2000a: Article 8). Although it is hard to assess the comprehensiveness and depth of dialogue, let alone its balance, the scope of the provisions seems quite extraordinary. Political dialogue covers all the aims and objectives of the Agreement, questions of general or regional interest along with global and sectoral policies and, in particular, "specific political issues of mutual concern or of general significance for the attainment of the objectives of this Agreement", citing arms trade, excessive military expenditure and ethnic or religious discrimination as examples of the latter (2000a: Article 8). Even more ambitiously, the dialogue comprises the evaluation of developments in the arena of human rights, democratic principles, the rule of law and good governance. While the objectives of political dialogue, including the exchange of information, fostering of mutual understanding and establishment of priorities, may be considered the purpose rather than the aims of such dialogue, its true objectives may be to "contribute to peace, security and stability and promote a stable and democratic political environment" (2000a: Article 8).

Further, less frequent word clusters including the word *dialogue* are *policy dialogue, social dialogue* and *inter-cultural dialogue.* Policy dialogue, not to be mistaken for political dialogue, refers to discussions and exchanges of ideas Judith Kast-Aigner - 978-3-631-75372-9

concerning the main concerns and priorities of ACP-EU cooperation and the design and implementation of actual policies. Social dialogue is considered a valuable tool for the development of the ACP States' social sector (European Communities 2000a: Article 25) and represents another example of a participatory approach. Inter-cultural dialogue is one of the stated objectives of cultural cooperation. In this regard, the cultural values of the individual ACP States and the mutual cultural values and identities between the ACP States and the EU Member States are to be recognised and promoted with a view to encouraging inter-cultural cooperation (European Commission 2001: 42-43).

Overall, the above-mentioned collocates of the word *dialogue,* i.e. *political, policy, social* and *inter-cultural,* account for only about a third of its occurrences in the underlying corpus. As a matter of fact, the word *dialogue* pervades the text of both the Agreement and the Compendium and is a regular feature of various different activities and areas of cooperation.

The word *governance,* mainly mentioned in the context of *good governance*  and, less frequently, *accountable governance,* appears in the Cotonou corpus twelve times compared with a frequency of three in Lome IV *bis,* which is only one - visible - factor that illustrates the increasing importance of the related concept. On the whole, Cotonou is much more detailed, specific and determined in this area than any of its predecessors. Good, i.e. transparent and accountable, governance is one of the values that are considered essential to foster sustainable development (European Communities 2000a: Article 9). In view of the fact that Lome IV *bis* had failed to define the concept of governance, which raised criticism among the ACP States and outside observers (Arts 2005: 163; Arts and Dickson 2004: 10; Frisch 2008: 29), Cotonou provides a definition according to which

"good governance is the transparent and accountable management of human, natural, economic and financial resources for the purposes of equitable and sustainable development. It entails clear decision-making procedures at the level of public authorities, transparent and accountable institutions, the primacy of law in the management and distribution of resources and capacity building for elaborating and implementing measures aiming in particular at preventing and combating corruption" (European Communities 2000a: Article 9).

In order to promote good governance, the EU commits to supporting the ACP States in their efforts concerning the development and strengthening of democratic structures, procedures and institutions (2000a: Article 33). The rules on good governance, a fundamental element of the Agreement, are less Judith Kast-Aigner - 978-3-631-75372-9 strict than the provisions on human rights, democratic principles and the rule of law, i.e. the essential elements of the Agreement. Only serious cases of corruption can trigger a consultation procedure, which may be followed by "measures necessary to remedy the situation immediately", and, as a last resort, the suspension of aid (2000a: Article 97). Nevertheless, Cotonou's initiative for good governance is still remarkable, especially as the severity of the problem of corruption has been addressed for the very first time in an ACP-EU agreement, adding the fight against corruption to several areas of cooperation.

Institutional reforms and the necessity of a strong and functioning institutional framework are emphasised in Cotonou, not least in order to facilitate the development of democracy, good governance and competitive market economies (European Communities 2000a: Article 20). Article 33, dealing with institutional development and capacity building, sets out that ACP-EU cooperation is to pay attention to institutional aspects, assisting the ACP States in their efforts to reform, rationalise and modernise their public institutions in order to increase the efficiency of governmental services (2000a: Article 33).

The abbreviation *WTO,* short for *World Trade Organisation,* represents another new key word and is closely related to three more words that have only gained the status of key words in the Cotonou corpus, viz. *GATS, global*  and *liberalisation.* It is safe to say that the WTO's influence on ACP-EU cooperation has reached a new peak in the Cotonou Agreement. In the area of economic and trade cooperation, the contracting parties aim at

"full conformity with the provisions of the WTO, including special and differential treatment, taking account of the Parties' mutual interests and their respective levels of development" (European Communities 2000a: Article 34).

WTO compatibility of the new trading arrangements, which do not form part of the Cotonou Agreement but are to be concluded in the years to come, is supposed to be ensured through trade liberalisation, i.e. the progressive removal of trade barriers. While the importance of the commodity protocols is reaffirmed, they are also subject to a review "in the context of the new trading arrangements" (2000a: Article 36). Moreover, the EU and the ACP States agree to closely cooperate in the WTO, not only in order to defend the new trading arrangements (2000a: Article 37), but also to promote mutual interests and to influence the agenda in future multilateral trade negotiations (2000a: Article 39). The contracting parties' commitment to the WTO's Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPs), the Agreement on Technical Barriers to Trade (TBT Agreement) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is also explicitly mentioned (2000a: Article 46-48). Similarly, the contracting parties acknowledge the increasing importance of services in international trade and reaffirm their commitments under GATS, the General Agreement on Trade in Services. They also agree to eventually extend the economic partnership agreements to trade in services in order to ensure conformity with GATS (2000a: Article 41). The EU and the ACP States have also realised that irrespective of their long-standing relationship - both parties would take part in international trade negotiations that might lead to further multilateral and bilateral liberalisation. In this regard, the contracting parties issued a joint declaration, in which they recognise that such liberalisation will entail preference erosion on the part of the ACP States, with the potential for a negative impact on their development efforts (2000a: Declaration **XXIII).**  Generally speaking, the words *global* and *liberalisation* are often used to defend the establishment of a new trade regime, the argument being that the ACP States have no choice but to open up their economies in order to adapt to the "new conditions of international trade" (2000a: Article 34). The following concordances of the key word *global* exemplify the EU's line of argumentation.


The new key words of Cotonou include several abbreviations, only some of which are new in the sense that they refer to concepts that did not exist in the Lome Conventions. Others refer to concepts and terms that have been part of ACP-EU cooperation for a long time. For example, Cotonou introduces the abbreviation *LDCs* for *Least Developed Countries,* with the latter expression still being used but sometimes replaced with *LDCs, LDC ACP States* or *ACP LDCs.*  Likewise, the abbreviation *LDLICs* is introduced to refer to the *Least Developed, Landlocked and Island Countries.* 

The abbreviation *CDE* stands for *Centre for the Development of Enterprise,*  which is established under Cotonou in order to "provide the ACP private sector with the necessary support in the promotion of private sector development activities" (European Communities 2000a: Annex III Article 1), representing a clear indication of the growing importance of the private sector in ACP-EU cooperation. Financed with resources from the EDF, the CDE is meant to promote cooperation between ACP and EU enterprises, support their joint initiatives, assist in the development of business support services and inveshnent promotion activities and contribute to the development and transfer of technologies and expertise in and between businesses (2000a: Annex III Article 2).

The abbreviations CSS, CS, *RSS* and *RCS* are entirely new, as are the concepts to which they refer. CSS, short for *Country Support Strategy,* and *RSS,*  short for *Regional Support Strategy,* are used in the actual Cotonou Agreement, whereas CS, short for *Country Cooperation Strategy,* and *RCS,* short for *Regional Cooperation Strategy,* are used in the Internal Agreement on the financing and administration of Community aid. In other words, the strategy that is referred to as *Country Support Strategy* or *CSS* in the official text of the Agreement is called the *Country Cooperation Strategy* or *CS* in the internal document. Likewise, the strategy referred to as *Regional Support Strategy* or *RSS* in the official text is named *Regional Cooperation Strategy* or *RCS* in the internal document. Unfortunately, the reason for the - deliberate or erroneous inconsistencies in the use of these terms is open to speculation, for the EU does not provide any explanation whatsoever. Be that as it may, the following account of the programming process explains the key word status of not only the abbreviations mentioned above but also the words *review, reviews, resource*  and *indicators.* 

The Cotonou Agreement provides a clear and transparent outline of the programming exercise. Annex IV, dealing with implementation and management procedures, distinguishes clearly between programming at the national level, covered in Chapter 1 (Articles 1 to 5), and programming at the regional level, dealt with in Chapter 2 (Articles 6 to 14). At the national level, programming starts with the preparation of the above-mentioned Country Support Strategy, which is "based on the country's own medium-term development objectives and strategies" (European Communities 2000a: Annex IV Article 1). The Community is then supposed to give a clear indication of the financial allocation which the country may receive during the programming period, on the basis of which an indicative programme for the implementation of the CSS is drawn up and adopted. Programming also includes an extensive and continuous review process, covering the ACP States' Country Support Judith Kast-Aigner - 978-3-631-75372-9 Strategies, their indicative programmes and the volume of resources allocated (2000a: Annex IV Article 1). As to the CSS, it has to be prepared by the ACP State concerned and the EU, involving a "wide range of actors in the development process" (2000a: Annex IV Article 2). Its key elements are an analysis of a country's political, economic and social context, an outline of its medium-term development strategy, its priorities and financing requirements and an outline of the activities of other donors present in the country (2000a: Annex IV Article 2). Once the ACP States are informed of the resources they are likely to receive, a practice referred to as *resource allocation,* they have to draw up an indicative programme, which has to be based on and consistent with the CSS (2000a: Annex IV Article 4). The programming process should take no longer than twelve months, with the preparation of the CSS and the indicative programme being "part of a continuous process leading to the adoption of a single document" (2000a: Annex IV Article 4). The review process is given far more emphasis than in the past, including an annual operational review of a State's indicative programme as well as a mid-term and end-of-term review of both the CSS and the indicative programme "in the light of current needs and performance" (2000a: Annex IV Article 5). The latter may result in adjustments of the CSS and the revision of the resource allocation to the ACP State in question (2000a: Annex IV Article 5). In order to facilitate and improve the review process, the contracting parties plan on paying particular attention to qualitative and quantitative indicators of progress (2000a: Article 19). Thus, the indicative programmes are meant to include impact indicators (European Communities 2000b: Article 15), which will then be subject to the mid-term and end-of-term reviews, enabling an effective assessment of the actual impact of the Community's development cooperation (2000b: Article 18).

Programming at the regional level is similar to the procedure outlined above, though more complex, as it involves two or more ACP States or a regional organisation with at least two members from the ACP Group (European Communities 2000a: Annex IV Article 6). It consists of the preparation of the Regional Support Strategy, on the basis of the region's medium-term development goals, followed by the indicative resource allocation, the development and adoption of a Regional Indicative Programme (RIP) and a review process concerning the RSS, the RIP and the volume of resources allocated to the region (2000a: Annex IV Article 8).

While the word *revision,* another new key word of Cotonou, is occasionally used to refer to the review of the resources allocated for the implementation of the indicative programmes, it is also mentioned in a different context, viz. with Judith Kast-Aigner - 978-3-631-75372-9

regard to the so-called *revtswn clause.* As mentioned above73, the Cotonou Partnership Agreement was concluded for a period of twenty years, with its financial protocols defined for periods of five years. According to the revision clause, the Community and the ACP States are supposed to inform the other party at least twelve months before the end of a five-year period of the intention to review, and potentially amend, certain provisions of the Agreement. Within two months of such a notification, the other party may decide to extend the review to other provisions. All provisions mentioned in these notifications are dealt with in the negotiations, which are to start ten months before the expiry of the five-year period (European Communities 2000a: Article 95). As to the end of the twenty-year period, the revision clause requires the contracting parties to enter into negotiations eighteen months ahead of time "in order to examine what provisions shall subsequently govern their relations" (2000a: Article 95).

The word *donors* represents another new key word of the Cotonou Agreement, which mainly results from the increasing need for coordination of the Community's aid programmes with those of other donors. Such coordination has been an issue since Lome IV, but is clearly intensified in the Cotonou Agreement, especially in connection with the formulation of the ACP States' Country Support Strategies, which are to include an outline of the "plans and actions of other donors present in the country", in order to ensure complementarity between the EU's activities and the operations of other donors (European Communities 2000a: Annex IV Article 2). These "other donors" may include those EU Member States that also act as bilateral donors in the ACP States, making coordination between the Community's activities and those of individual Member States a top priority.

The role of donors other than the Community has also gained visibility in several other areas, most obviously with regard to co-financing, which involves using financial resources from development agencies, third countries or international financial institutions. In order to increase the effectiveness of co-financing, the Community calls for "consultation and coordination with other donors and cofinanciers" (2000a: Article 65). Moreover, coherence, coordination and complementarity between the Community, its Member States and other major donors are addressed in the area of health and nutrition (European Commission 2001: 38), education and training (2001: 34), energy

<sup>73</sup> See Section 5.6

development (2001: 22), population and family planning (2001: 42) and the fight against AIDS (2001: 39).

With 37 occurrences (compared to six and five in Lome IV and Lome IV *bis*  respectively and none in the earlier texts), the word *reforms* is omnipresent in the Cotonou corpus. As mentioned above, one of the new features of Cotonou is the idea of resource allocation dependent on both needs and performance, with the assessment of performance being based on several parameters, including progress in the implementation of institutional, macroeconomic and sectoral reforms (European Communities 2000a: Annex IV Article 3). Support for these types of reforms is also explicitly declared to be within the scope of Community financing, as defined in Part Four of the Cotonou Agreement, covering all questions related to development finance cooperation, and is elaborated upon in the Chapter on Structural Adjustment Support. The elements of macroeconomic and structural reforms are specified in Part Three, dealing with the various types of cooperation strategies, and include disciplined fiscal and monetary policies, budgetary transparency and efficiency, liberalisation of trade and foreign exchange regimes, labour and product-market reforms, and improvements in the quality of private and public services (2000a: Article 22). Institutional reforms aim to strengthen structures, institutions and procedures necessary for the promotion of democracy, good governance and the rule of law as well as for efficient market economies (2000a: Articles 20 and 33). The ACP States' public institutions are to be developed "into a positive force for growth and development and to achieve major improvements in the efficiency of government services", including legal and judicial reforms, the modernisation of the civil service and justice systems as well as reforms of the financial sector, public procurement procedures and public finance management (2000a: Article 33).

It is startling that the word *poverty* was only mentioned for the first time in Lome IV *bis* in 1995. It may be even more disturbing that it took another five years before it obtained the status of a key word in the Cotonou corpus. Poverty is mainly mentioned in connection with its reduction, sometimes referred to as *poverty alleviation,* and its eventual elimination, mostly referred to as *poverty eradication.* The overall objectives of ACP-EU cooperation are laid down in Article 1 of the Agreement, setting out that

"the partnership shall be centred on the objective of reducing and eventually eradicating poverty consistent with the objectives of sustainable development and the gradual integration of the ACP countries into the world economy" (European Communities 2000a: Article 1). Judith Kast-Aigner - 978-3-631-75372-9

Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access The contracting parties express their commitment to these objectives by referring to them throughout the Agreement and emphasising their interrelation with particular policies and areas of cooperation. The social and economic development of rural areas (European Commission 2001: 9), food security (2001: 10), the development of agriculture (2001: 11), improvements in the supply and use of energy (2001: 21) and sound education and training policies (2001: 33) are just some examples of areas which are considered to contribute either directly or indirectly - to poverty reduction and eradication. Furthermore, the EU and the ACP Group have agreed that the development targets and principles agreed by the UN and other international organisations, namely "to reduce by one half the proportion of people living in extreme poverty by the year 2015", commonly known as the *Millennium Development Goals,* are meant to underpin ACP-EU cooperation within the Cotonou Agreement (European Communities 2000a: Preamble).

The word *gender* is another new key word of Cotonou, as the contracting parties intend to account for the "situation of women and gender issues in all areas - political, economic and social" (European Communities 2000a: Article 1). Identifying gender issues as one of four cross-cutting themes that require particular attention, ACP-EU cooperation is designed to "integrate a gendersensitive approach and concerns at every level of development cooperation including macroeconomic policies, strategies and operations" (2000a: Article 31), in addition to encouraging several "positive measures in favour of women", e.g. support for women's organisations, access to education and training, land, credit and the labour market and participation in politics (2000a: Article 31). While the provisions in the main text of the Agreement are rather meagre, the Compendium provides more detailed information and also introduces the term *gender-sensitive development cooperation.* It describes the concept of gender as the different, but interrelated, socially constructed roles and responsibilities of women and men, which vary across cultures and may change over time (European Commission 2001: 45). Gender-sensitive development cooperation is based on several principles, including gender analysis in the design and implementation of all development policies and in the area of monitoring and evaluation, equal participation in the development process by women and men as well as structural changes at the political, community and household levels aimed at reducing gender inequalities, e.g. by providing access to and control over economic resources and social development opportunities (2001: 45-46).

The issue of migration, first mentioned in Lome IV, is dealt with more extensively in the Cotonou Agreement, which explains the key word status of the word *readmission.* Generally speaking, the contracting parties have committed themselves to the

**"fair** treatment of third country nationals who reside legally on their territories, integration policy aiming at granting them rights and obligations comparable to those of their citizens, enhancing non-discrimination in economic, social and cultural life and developing measures against racism and xenophobia" (European Communities 2000a: Article 13).

Issues arising from illegal immigration are to be addressed in the framework of political dialogue. Furthermore, each EU Member State is required to accept the readmission of its nationals who are illegally present on the territory of an ACP State at that State's request, and vice versa (2000a: Article 13). Although Cotonou provides for the readmission of illegal immigrants in both directions, it is obvious that Article 13 mainly targets the readmission of ACP nationals that are illegally present on the territory of an EU Member State.

In contrast to the word *sustainable,* which had been used in the texts governing ACP-EU relations since Lome IV, the word *sustainability* represents not only a new key word of the Cotonou Agreement, but an entirely new word of the Community's language in the area of development cooperation in general. Predictably, it is mentioned in connection with the environment and natural resources, as "mainstreaming environmental sustainability into all aspects of development cooperation and support programmes and projects" is listed as one of the objectives in this area (European Communities 2000a: Article 32). Moreover, the concept is extended to other fields, including the sustainability of the impact of Community-financed projects and programmes or the Community's activities in general (European Communities 2000b: Article 24 and 26), the sustainability of schemes in the area of education and training (European Commission 2001: 34) and the sustainability of financial institutions (2001: 25).

#### *5.6.1.2. Word clusters and terminological domains*

The final step in the analysis of the Cotonou corpus is the identification of word clusters. In view of the large total number of words (5,911), the calculation of word clusters is restricted to the key words of the Cotonou corpus (584) and operates with the usual parameters, viz. 2-6 word clusters

appearing at least five times. Those word clusters that are left, once noise and related clusters are eliminated, are divided into terminological domains, which represent the key topics prevailing in the corpus. Unsurprisingly, the number of clusters exceeds the respective numbers of all other corpora, with 322 words clusters being divided into 19 domains and one separate category for those multi-word units that do not seem to fit into any of these domains. Some domains are completely new, reflecting the original character of the Cotonou Partnership Agreement. For instance, there are separate domains for the word clusters relating to the political dimension of ACP-EU cooperation ( domain 5) and the topic of institutional development and capacity building (domain 6). On the other hand, some terminological domains of the Lome corpora, e.g. those covering agricultural cooperation and ST ABEX, have been eliminated as these topics are no longer, or to a lesser extent, reflected in the word clusters.


Table 31: Terminological domains in the Cotonou corpus

Table 31 provides an overview of the terminological domains in the Cotonou corpus, with detailed information on individual domains displayed in tables 31.1 to 31.17.74 As the word clusters extracted from the Cotonou corpus represent the current terminology used by the EU in the field of development cooperation, those domains that contain terminologically relevant information are listed in their entirety, even though they do overlap with the Lorne corpora to some extent.

## *Domain 1* - *Countries involved I parties to the contract*

Table 31.1 lists all word clusters that refer to the countries and parties mentioned in the Cotonou corpus. Almost all of them are "old" clusters, having appeared in several of the other corpora under investigation. Nevertheless, a few observations are still worth making.


Table 31.1: Domain 1-Countries involved/ parties to the contract

<sup>74</sup> Due to the fact that they do not prove interesting from a terminological point of view, a few domains are not included in the detailed analysis. Judith Kast-Aigner - 978-3-631-75372-9

First, the frequency of the term *ACP countries* has risen substantially, with 77 occurrences in Cotonou compared to a mere 14 occurrences in Lome as a whole (i.e. all five Lome corpora). Similarly, the term *ACP country,* the only new word cluster in this domain, had not appeared before at all. Despite being used far less frequently than the well-known terms *ACP States* and *ACP State,*  it is probably safe to say that *ACP countries* and *ACP country* are now considered synonyms for the former. Second, it is striking that the frequency of the term *ACP States* has dropped sharply, from 860 occurrences in Lome *N*  to 474 in Cotonou. Even when the increase in the use of the term *ACP countries*  is taken into account, Cotonou includes significantly fewer references to the EU's contracting parties in the South. By contrast, references to the EU and its members, including *Member States, Member State, European Community, European Union* and *European Communities,* have remained stable; not to mention the fact that the Europeans are often referred to as *EU* or *EC,* whereas the abbreviation *ACP* hardly ever stands alone.

While the use of the term *developing countries* has also increased, it is, as far as the main text of the Cotonou Agreement is concerned, restricted to non-ACP countries. Only in the Compendium is the term *developing countries* also considered to include the ACP States, since the text contains a lot of universal truths that are general enough to apply to any North-South relationship. Like Lome IV *bis,* Cotonou provides a definition of the term *developing country,*  which is needed for the correct application of the rules of origin. Accordingly, the term *developing country* is used for

"any country listed as such by the Development Aid Committee of the OECD except the High Income Countries (HIC) and the countries with a GNP exceeding in 1992 100 billion dollars at current prices" (European Communities 2000a: Protocol 1 Annex XV).

This definition differs from its predecessor in that South Africa is no longer included, the reason for which lies in South Africa's special status. While the country had not been a signatory to any of the Lome Conventions, South Africa signed the Cotonou Agreement as well as a bilateral Agreement on Trade, Development and Cooperation (TOCA) with the Community and its Member States. According to Protocol 3 of the Cotonou Partnership Agreement, which deals with the relationship between the Community and the Republic of South Africa, the latter was considered to have a so-called *qualified status,* with the TOCA taking precedence over the provisions of the Cotonou Agreement (European Communities 2000a: P3 Article 1).

The tradition of devoting special attention to the least-developed, landlocked and island ACP States has been maintained under Cotonou. According to the principle of differentiation and regionalisation, the leastdeveloped countries are to be given special treatment, with the vulnerability of landlocked and island countries also being taken into consideration (European Communities 2000a: Article 2). For the first time, the "needs of countries in post-conflict situations" are supposed to be addressed as well (2000a: Article 84). While the abbreviation *LDLICs* is sometimes used to refer to the leastdeveloped, landlocked and island ACP States, Cotonou makes a clear distinction between these three groups of countries. The least-developed ACP States, containing 39 countries, should 'be accorded a special treatment in order to enable them to overcome the serious economic and social difficulties hindering their development" (2000a: Article 85). The list can be amended by the ACP-EC Council of Ministers if a country in a comparable situation accedes to the Cotonou Agreement or the economic situation of a Signatory State changes "considerably and durably", making inclusion in the group of LDCs necessary or obsolete respectively (2000a: Article 85). As the EU's categorisation of LDCs is consistent with the official list provided by the UN75, it seems likely that such a decision would only be taken after consultation with the UN.

Fifteen landlocked ACP States, all of which are also included in the UN's list of landlocked developing countries76, are to be supported "in their efforts to overcome the geographical difficulties and other obstacles hampering their development" (European Communities 2000a: Article 87). Similar support is to be provided to 26 island ACP States (2000a: Article 89), which represent the only group that differs from the official UN's category of small island developing states77• The latter is restricted to small islands, which explains why Madagascar is included in the EU's list, but not in the UN's.

<sup>75</sup> The list of least-developed countries is published on the website of the UN Office of the High Representative for the Least Developed Countries, Landlocked Developing Countries and Small Island Developing States (http://www.un.org/special-rep/ohrlls/ ldc/list.htm).

<sup>76</sup> http://www.un.org/special-rep/ohrlls/lldc/list.htrn

<sup>77</sup> http://www.un.org/special-rep/ohrlls/sid/list.htrn Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

## *Domain* 2 - *Institutions of the Convention I the ACP I the EU*

Domain 2 includes word clusters referring to bodies of the ACP Group and the EU, on the one hand, and the joint institutions of the Cotonou Agreement, on the other.

Table 31.2: Domain 2 - Institutions of the Convention/ the ACP / the EU


The institutional framework established by the Lome Conventions has been maintained under Cotonou and comprises the Council of Ministers, the Committee of Ambassadors and the Joint Parliamentary Assembly. The Council of Ministers, sometimes referred to as the *ACP-EC Council of Ministers,*  consists of the members of the Council of the European Union and members of the European Commission, and of a member of the government of each ACP State. As the institution with strategic competence and focus, the ACP-EC Council of Ministers is responsible for conducting the political dialogue, adopting policy guidelines, taking decisions needed for and resolving issues that may hamper the implementation of the Agreement, revising and amending the procedures for the implementation of the Agreement, and ensuring the functioning of the consultation mechanisms provided for in the Judith Kast-Aigner - 978-3-631-75372-9 Agreement. The Council of Ministers is authorised to take decisions that are binding on the contracting parties and may draft resolutions, recommendations and opinions (European Communities 2000a: Article 15). It may also delegate powers to the Committee of Ambassadors, which is expected to "assist the Council of Ministers in the fulfilment of its tasks and carry out any mandate entrusted to it by the Council" (2000a: Article 16). In contrast to the Council of Ministers, the Committee of Ambassadors is therefore responsible for the implementation of the Cotonou Agreement at an operational level. Furthermore, it acts as the supervisory authority of the Centre for the Development of Enterprise and the Centre for the Development of Agriculture (2000a: Annex III Articles 2 and 3). As to its composition, the Committee of Ambassadors is made up of the permanent representative of each Member State to the EU and a representative of the European Commission on the part of the EU, and the head of mission of each ACP State to the EU on the part of the ACP Group (2000a: Article 16). The Committee of Ambassadors is sometimes referred to as the *ACP-EC Committee of Ambassadors,* not to be confused with the so-called *ACP-EC Committee,* which is short for the *ACP-EC Development Finance Cooperation Committee.* 

The Joint Parliamentary Assembly is the successor of the Consultative Assembly (Lome I and II) and the Joint Assembly (Lome III and IV), representing a consultative body whose responsibilities are to deal with issues related to development and ACP-EU cooperation, to contribute to a better understanding between the peoples of the EU and those of the ACP States, to raise awareness of development issues, and to foster democracy through dialogue. It may submit resolutions and recommendations to the ACP-EC Council of Ministers, which the latter is to take into consideration in its work (2000a: Article 17).

It is interesting to trace the composition of the Joint Parliamentary Assembly and its predecessors in the Lorne era, as it illustrates the gradual incorporation of democratic elements into the relationship between the ACP States and the EU. In Lome I, the Consultative Assembly was composed "on a basis of parity of members of the Assembly on the side of the Community and of the representatives designated by the ACP States on the other" (European Communities 1975: Article 80). In Lome II, it comprised the members of the European Parliament on the part of the Community and either "members of parliament or representatives designated by the ACP" on the part of the ACP Group (European Communities 1979: Article 175), a rephrasing that reflects the development of democracy and democratic structures in the ACP States. Judith Kast-Aigner - 978-3-631-75372-9

Lome III was the first to require the ACP Group's delegation to consist of "members of parliament or, failing this, of representatives designated by the ACP States" (European Communities 1984: Article 25), implying that the Community preferred to see democratically elected rather than officially appointed persons. While the provision was not changed in Lome IV and Lome IV *bis,* Cotonou made a further step towards democratisation, calling for the Joint Parliamentary Assembly to comprise "members of the European Parliament and [ ... ] members of parliament or, failing this, representatives designated by the parliament of each ACP State" (European Communities 2000a: Article 17). Accordingly, even if the ACP States are not willing or able to send members of parliament, their representatives have to be designated by their parliaments. Cotonou also provides for the possibility that an ACP State does not have a parliament at all, in which case "the attendance of a representative from the ACP State concerned shall be subject to the prior approval of the Joint Parliamentary Assembly" (2000a: Article 17). In a joint declaration attached to the Cotonou Agreement, i.e. the Joint Declaration on participation in the Joint Parliamentary Assembly, the contracting parties reinforce the idea of the Joint Parliamentary Assembly as an institution promoting dialogue between members of parliaments. Furthermore, they agree that the participation of representatives other than members of a parliament "shall be allowed only in exceptional circumstances" and has to be approved by the Joint Parliamentary Assembly before each session (2000a: Declaration III).

In addition to the three main institutions of the Agreement, ACP-EC cooperation is supported by several other bodies, some of which are listed in table 31.2, viz. the ACP-EC Development Finance Cooperation Committee, the Customs Cooperation Committee, the Ministerial Trade Committee, and the Centre for the Development of Enterprise. The ACP-EC Development Finance Cooperation Committee is, as the name suggests, responsible for ensuring the achievement of the objectives of development finance cooperation and for examining problems resulting from its implementation. The Committee, frequently referred to as the *ACP-EC Committee,* is set up within the Council of Ministers and comprises, on the basis of parity, representatives of the ACP States and the Community (European Communities 2000a: Article 83). The Customs Cooperation Committee, sometimes referred to as the *ACP-EC Customs Cooperation Committee,* is in charge of the correct and consistent application of the rules of origin and carrying out administrative cooperation. It consists of representatives of the EU, i.e. experts from the Member States and Commission officials responsible for customs-related questions, and of the ACP Group, viz. "experts representing the ACP States" along with officials of regional groupings of ACP States concerned with customs-related questions (European Communities 2000a: Pl Article 37). While the Customs Cooperation Committee and the ACP-EC Development Finance Cooperation Committee have been in place since Lome I and Lome IV respectively, the Ministerial Trade Committee, also referred to as the *Joint Ministerial Trade Committee,* is a creation of the Cotonou Agreement. Composed of representatives of the Community and the ACP States, it is designed to keep an eye on the ongoing multilateral trade negotiations and "examine the impact of the wider liberalisation initiatives on ACP-EC trade and the development of ACP economies" (European Communities 2000a: Article 38).

In addition to the joint ACP-EC institutions, table 31.2 also lists official bodies of the EU and the ACP Group that are - in some way or other involved in ACP-EC cooperation. Only two of the EU institutions have been specifically set up for the purpose of dealing with ACP-related matters, namely the EDF Committee and the IF Committee. The EDF Committee, short for *European Development Fund Committee,* has existed since Lome III. Set up at the European Commission, it involves representatives of the governments of the Member States and is chaired by a Commission representative, with an EIB representative taking part in its work (European Communities 2000b: Article 21). The EDF Committee is responsible for monitoring the implementation of the development strategies agreed upon by the Community and its Member States, acting "in the interests of coherence, coordination and complementarity" (2000b: Article 22). It is involved in the programming of Community aid as well as in programming reviews, takes part in decision-making concerning the EDF resources, and monitors the implementation of aid (2000b: Article 22). The Investment Facility Committee, better known as the *IF Committee,* is an innovation of Cotonou, which may reflect the greater weight given to investment financing. It is made up of representatives of the governments of the Member States and a Commission representative and operates under the auspices of the EIB (2000b: 29). The IF Committee is authorised to approve the operational guidelines, investment strategies, business plans and annual reports of the Investment Facility, submitted by the EIB, as well as to deliver opinions on the EIB's proposals for investments (2000b: Article 30).

## *Domain 3* - *Types of cooperation*

The types of cooperation described in the Cotonou Agreement overlap to a large extent with those of the Lome Conventions, in particular of Lome IV. Three word clusters referring to types of cooperation that were dealt with in Lome are no longer included in Cotonou, namely the terms *industrial cooperation, agricultural cooperation* and *international cooperation.* The fact that industrial cooperation and agricultural cooperation are not discussed anymore represents a clear break with the tradition of Lome, which had set great store by these areas.


Table 31.3: Domain 3-Types of cooperation

With the term *economic and trade cooperation,* which was not used in the earlier texts at all, and the term *financial cooperation,* which did occasionally occur, but not frequently enough to appear in the corpus analysis, Table 31.3 includes two new word clusters. Although the term *trade cooperation* is still used now and then, the ACP-EU relations in the area of trade are now officially referred to as *economic and trade cooperation.* Its objectives correspond with the overall objectives of the partnership, as economic and trade cooperation is aimed at

"fostering the smooth and gradual integration of the ACP States into the world economy, ( ... ] thereby promoting their sustainable development and contributing to poverty eradication in the ACP countries" (European Communities 2000a: Article 34).

The ability of the ACP States "to play a full part in international trade" is said to represent the ultimate objective of economic and trade cooperation (2000a:

Article 34). Judging from the details given on this objective, playing a "full part" involves active participation in multilateral trade negotiations, the ability to cope with the challenges of globalisation, liberalisation of the ACP economies and therefore full conformity with the regulatory framework provided by the WTO. The ACP States' production, supply and trading capacities and their ability to attract investment are to be enhanced to this end (2000a: Article 34). The elements of economic and trade cooperation, as specified in Articles 36 to 52, are manifold. Most prominently, they include the conclusion of new, WTO-compatible trading arrangements, thus eventually putting an end to the non-reciprocal trade preferences applied under Lome (2000a: Article 36). Furthermore, economic and trade cooperation contains cooperation in international fora, in the field of trade in services and in socalled *trade-related areas,* including the protection of intellectual property rights, competition policy, standardisation and certification, sanitary and phytosanitary measures and labour standards, to name but a few.

The term *financial cooperation* is also new to Cotonou, used as an umbrella term for the provision of financial resources in all its forms and for all means. The respective provisions in the Cotonou Agreement are laid down in Articles 62 to 78 and cover debt and structural adjustment support, support in cases of short-term fluctuations in export earnings, support for sectoral policies (e.g. social sector reforms), the financing of microprojects, humanitarian and emergency assistance as well as investment and private sector development support. Financial cooperation is one of two key elements of development finance cooperation, the second one being technical cooperation. The area of development finance cooperation had only recently seen a major terminological change, as the term *financial and technical cooperation,* used since the Yaounde Conventions in the 1960s, was replaced with the term *development finance cooperation* in Lome IV. The idea of providing technical assistance in the form of expertise, know-how and equipment had always been referred to as *technical cooperation,* whereas the contracting parties had failed to come up with an equally clear and stable term for the provision of financial resources. Only in the Cotonou Agreement does the term *financial cooperation* finally appear to have been firmly established in this regard.

Since Lome III, the EU has used the terms *ACP-EEC cooperation* and *ACP-EC cooperation* to refer to its relationship with the ACP States. These terms, however, were previously used more or less synonymously with the narrower term *ACP-EEC development cooperation.* Even though the Lome Conventions included a complex set of rules in the area of trade as well as an increasing, Judith Kast-Aigner - 978-3-631-75372-9 though still relatively small, political component, they were, first and foremost, perceived as being about development cooperation. This has clearly changed in the Cotonou Agreement, as development cooperation is now considered to be only one element of a broader framework of ACP-EC cooperation, which is referred to as the *ACP-EC partnership* or simply the *Partnership.* The ACP-EC partnership covers three main elements: the political dimension and, in particular, political dialogue; economic and trade relations, reflected in the term *economic and trade cooperation* (see above); and development cooperation.

ACP-EC development cooperation is based on "integrated strategies that incorporate economic, social, cultural, environmental and institutional elements that must be locally owned" (European Communities 2000a: Article 20). The idea of local ownership is enhanced, as ACP-EC development cooperation provides a framework for the ACP's own development strategies, policies and reforms (2000a: Article 20). ACP-EC development cooperation covers four areas, listed in Articles 21 to 33, viz. economic development (e.g. private sector development, macroeconomic and structural reforms), social and human development (e.g. social sector and cultural development), regional cooperation and cross-cutting issues (e.g. gender, environment).

Regional cooperation is still an important feature of ACP-EC cooperation and ACP-EC development cooperation. In contrast to the earlier agreements, regional cooperation is frequently mentioned in connection with regional integration, taking the idea of regional cooperation to another level. While the all-pervasive goal to "foster the gradual integration of the ACP States into the world economy" is also listed as one of its overall objectives, regional cooperation and integration above all aim to encourage economic cooperation 'both within and between the regions of the ACP States", and to promote intra-ACP trade as well as the free movement of people, goods and services, capital, labour and technology among the ACP States (European Communities 2000a: Article 28). Regional cooperation is supposed to address problems shared by several ACP States, including infrastructure issues, water resource management and disaster preparedness and mitigation. Moreover, regional cooperation includes the establishment of regional political dialogue, covering issues of human rights and democratisation, conflict prevention and resolution, and the mobility of civil society actors (2000a: Article 30).

Decentralised cooperation, an invention of Lome IV, is strengthened in Cotonou, which recognises the role that non-state actors, especially civil society, can play in development cooperation. The contracting parties agree to Judith Kast-Aigner - 978-3-631-75372-9 support the contributions of so-called *agents of decentralised cooperation* if their initiatives are "within the framework laid down in the rules and national legislation of the ACP States concerned and the provisions of the indicative programme" (European Communities 2000a: Article 70). Thus, decentralised cooperation operations are eligible for EDF resources, with the contribution from the EDF limited to three quarters of the total cost of a project and the remainder provided for by the agents of decentralised cooperation (2000a: Article 71). The Compendium specifies five components of decentralised cooperation: active participation and assumption of responsibility of all classes of actors, collaboration between these actors and complementarity of their initiatives, decentralised management in the spirit of subsidiarity, commitment to a process-oriented approach, and priority to initiatives aimed at capacity and institution building (European Commission 2001: 57).

The area of cultural cooperation was formerly (i.e. in Lome IV) discussed under the heading of *cultural and social cooperation* and is now briefly dealt with in a tiny section on social and human development. Its aims seem to have been maintained, albeit in a less elaborate form, including the integration of the cultural dimension into development cooperation, the preservation and promotion of the ACP States' cultural values, identities and heritage, and the encouragement of intercultural dialogue (European Communities 2000a: Article 27).

## *Domain 4* - *Types of development*

Similarly to the types of cooperation, the types of development described in the Cotonou Agreement overlap to a significant degree with those dealt with in the Lome Conventions. The terms *industrial development* and *development of services* no longer appear in the results of the cluster analysis, as they are only mentioned twice and three times respectively in the Cotonou Agreement.


Table 31.4: Domain 4- Types of development


With 27 occurrences, the frequency of the term *sustainable development,* first mentioned in Lome IV and, more prominently, in Lome IV *bis,* has increased considerably in Cotonou. While in the past it was mainly used in connection with the environment and natural resources, its use has now spread to several other areas. Protection of the environment and the ACP States' ecosystems, the sustainable use of resources (European Commission 2001: 47) and the development of rural areas (2001: 9) are still considered important contributions to sustainable development, yet the concept of sustainability is now more universal, entailing "social, economic, environmental, functional and institutional considerations" (2001: 20). Accordingly, sustainable development is expected to pervade all spheres of operation and cooperation and implies a mindset that refuses to settle for quick fixes and instead tries to think beyond these.

The term *social development* is new to Cotonou, in the sense that it was formerly only mentioned as part of the terms *economic and social development*  (Lome III and IV), which is still frequently used in Cotonou, and *economic, cultural and social development* (Lome IV). The social aspect is also incorporated in the newly coined term *social and human development,* which is - as it appears in the corpus only twice - not included in table 31.4. In the Cotonou Agreement, the latter is listed as one of four so-called *areas of support,* with social sector development, youth issues and cultural development representing its key components (European Communities 2000a: Article 25 to 27). As to the actual aims and measures of social and human development, the Compendium provides far more detail. In contrast to the Agreement, the Compendium identifies six areas which are to receive attention in order to work towards social and human development. First, the contracting parties recognise the importance of "practical and effective education and training policies in the development process" (European Commission 2001: 33), which calls for more and better training and educational establishments, a restructuring of the ACP Judith Kast-Aigner - 978-3-631-75372-9

States' educational systems, literacy programmes and improvements in the training of instructors, to name but a few of the initiatives (2001: 33-34). Second, scientific, technological and research cooperation supports the ACP States in their efforts to tap local knowledge and to find local solutions to economic and social problems, thus improving the well-being of their peoples (2001: 35-36). Third, social and human development includes the area of health and nutrition, aiming to "facilitate the right of access of all people to adequate, appropriate and affordable health care and nutrition" (2001: 36). Closely related to the latter is the fight against HIV/ AIDS, another key element of social and human development, which takes place in coordination with and as a complement to initiatives from the EU Member States and other donors, including UNAIDS and the World Bank (2001: 39). A further element of social and human development is cooperation in the area of population and family planning, which basically touches on three issues, viz. health care, training and education as well as a sound political and legal environment with regard to family planning (2001: 39-41). Last but not least, the area of cultural cooperation is, as pointed out above, listed under the heading of *social and human development.* 

The term *economic development* is mentioned rather randomly in a variety of contexts. Most importantly, it is listed as another one of the four main areas in which the EU offers support, putting economic development on an equal footing with social and human development. According to the respective provisions in the Cotonou Agreement (i.e. Articles 21 to 24), economic development comprises several elements, viz. investment and private sector development, macroeconomic and structural reforms, economic sector development and tourism. The former is particularly interesting, as the term *private sector development* refers to one of the most frequently mentioned forms of development in the Cotonou corpus and is therefore also included in table 31.4. In fact, of the four terms in domain 4 that are completely new to Cotonou, viz. *private sector development, institutional development, long-term development*  and *medium-term development,* the former two are probably the more relevant, as they point to major conceptual innovations of the Cotonou Agreement.

Investment and private sector development aims at creating a positive environment for private investment and developing a "dynamic, viable and competitive private sector" (European Communities 2000a: Article 21). More specifically, it is intended to promote dialogue and cooperation between the public and the private sector and contribute to the development of entrepreneurship, entrepreneurial skills and privatisation. Furthermore, Judith Kast-Aigner - 978-3-631-75372-9

cooperation in the area of private sector development is designed to support improvements in "the quality, availability and accessibility of financial and non-financial services to private enterprises, both formal and informal" (2000a: Article 21). The development of the private sector is supported through financial and technical assistance as well as guarantee programmes (2000a: Article 21).

Institutional development is a new feature of Cotonou and certainly has to be seen in the context of the politicisation of ACP-EU cooperation. It is addressed as one of several so-called *cross-cutting issues* which impact on more than one area and are seen as a prerequisite for developments elsewhere. Institutional development or *institutional development and capacity building,* as this field is properly referred to, is aimed at the development and strengthening of structures, institutions and procedures that help to enhance democracy as well as respect for and protection of human rights, to strengthen the rule of law and access to justice and to provide for "transparent and accountable governance and administration in all public institutions" (European Communities 2000a: Article 33). In addition to the modernisation of the civil service and justice systems, institutional development includes support for institutions needed for the functioning of a market economy such as financial and monetary institutions (2000a: Article 33).

The terms *development of agriculture* and *development of enterprise* are new to Cotonou, though Lome made use of the terms *agricultural and rural development*  (Lome III and IV) and *enterprise development* (Lome IV). As a matter of fact, agricultural and rural development is no longer given particular consideration in the Cotonou Agreement. The respective terms (i.e. *rural development* and *agricultural and rural development)* appear several times in the Agreement, but only in connection with the Centre for the Development of Agriculture, which also explains the fact that the term *development of agriculture* appears in table 31.4. Strangely enough, the Compendium includes a section on agricultural and rural development, even though the main text of the Agreement is silent on these areas. Similarly, the term *development of enterprise* is mostly mentioned in connection with the Centre for the Development of Enterprise. Nevertheless, the development of enterprise can be considered a key area of cooperation in Cotonou, with the related concepts and provisions dealt with under the heading of *private sector development* (see above).

In addition to the extensive rules on economic and trade cooperation, Cotonou includes initiatives in the area of trade development, which are elaborated in the Compendium. Accordingly, trade development operations Judith Kast-Aigner - 978-3-631-75372-9 include export promotion and export marketing, the strengthening of infrastructure to facilitate exports, the utilisation of e-commerce, the development of professional skills in the field of trade, and product improvements (European Commission 2001: 23-24).

#### *Domain 5* - *Political dimension*

The political dimension of ACP-EU cooperation has been significantly strengthened, which is considered one of the most radical and far-reaching changes brought about by Cotonou. While the terms *political dialogue, human rights* (and *respect for human rights), democratic principles, rule of law* and *good governance* have been discussed at length elsewhere78, the political dimension of Cotonou includes further elements that are worth mentioning in this context.

Table 31.5: Domain 5 - Political dimension


Both in the general objectives of the partnership (Article 1) and in the text passage covering the importance of political dialogue (Article 8), the promotion of a stable and democratic political environment is mentioned as a precondition for development. Whereas political dialogue, the essential elements (i.e. human rights, democratic principles and the rule of law) and the fundamental element (i.e. good governance) are considered the main factors contributing to such a political environment, the contracting parties add

<sup>78</sup> See, *inter alia,* Sections 5.6 and 5.6.1.1 for information on the key words *dialogue, governance* and *corruption* Judith Kast-Aigner - 978-3-631-75372-9

further aspects, viz. sustainable and equitable development, which includes access to productive resources, basic services and the judicial system, as well as active involvement of civil society and the private sector (European Communities 2000a: Article 10). Moreover, the political dimension comprises activities in the field of peace-building, conflict prevention and resolution. Support for balancing opportunities across all segments of the society, for bridging the divide among such segments and for creating mechanism for the mediation of group interests are just some of the numerous measures listed in the Agreement (2000a: Article 11 ). Furthermore, the contracting parties even touch upon delicate issues such as the problem of child soldiers, antipersonnel landmines, limits to military expenditure and to the arms trade, and trafficking. They also agree to aim at the peaceful settlement of disputes and, in the case of violent conflicts, to prevent the escalation of violence (2000a: Article 11). In this respect, the EU clearly sounds a note of caution by adding that

"particular attention shall be paid to ensuring that financial resources for cooperation are used in accordance with the principles and objectives of the Partnership, and to preventing a diversion of funds for belligerent purposes" (European Communities 2000a: Article 11).

Although the contracting parties emphasise the fact that the policies of peacebuilding, conflict prevention and resolution must be "based on the principle of ownership" (2000a: Article 11), implying that the ACP States are still masters in their own house, it is remarkable that these issues are included in the Cotonou Agreement at all.

The relevance of two word clusters listed in table 31.5., viz. the expressions *appropriate measures* and *cases of special urgency,* may not be clear at first sight. Both are used in connection with the consultation procedures regarding the essential elements and the fundamental element of the Agreement, set out in Articles 96 and 97 respectively. If a party is considered to have violated an obligation stemming from the essential elements, the other party may, except in cases of special urgency, refer the matter to the Council of Ministers, which results in consultations aimed at finding a solution that is acceptable for both parties. In cases of special urgency or if the accused party refuses to hold consultations, appropriate measures may be taken (European Communities 2000a: Article 96). Cases of special urgency are defined as "exceptional cases of particularly serious and flagrant violation of one of the essential elements [ ... ] that require an immediate reaction" (2000a: Article 96). Appropriate measures

via free access

have to comply with international law and must be "proportional to the violation", with suspension of the Agreement being considered a measure of last resort (2000a: Article 96). The consultation procedure regarding the fundamental element is less far-reaching. It cannot be initiated in the event of any violation of the principle of good governance, but only in serious cases of corruption (2000a: Article 97). Appropriate measures, defined as measures that are "proportional to the seriousness of the situation", may be taken if these consultations do not produce an acceptable solution or if consultation is refused. Again, suspension of the Agreement represents a measure of last resort (2000a: Article 97).

## *Domain* **6** - *Institutional capacity-building*

Table 31.6 provides an overview of the word clusters related to the topic of institutional capacity building, which Cotonou puts on the agenda and which plays a major part in several areas.


Table 31.6: Domain 6 - Institutional capacity-building

The role of capacity building for the strengthening of the institutional framework of the ACP States has already been discussed above79• In addition, capacity building is mentioned in connection with the greater involvement of non-state actors and civil society. Non-state actors have to be given "capacitybuilding support in critical areas" in order to assist them in the development of their capabilities and to promote strategic alliances between them (European Communities 2000a: Article 4). Capacity building is particularly meant to benefit civil society, e.g. by supporting the establishment of NPOs and NGOs

79 See Sections 5.6 and 5.6.1.1 Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM and enabling them to be involved "in the design, implementation and evaluation of development strategies and programmes" (2000a: Article 7).

The term *institutional reforms* is not only used in connection with the reinforcement of democracy and good governance, but also with regard to private sector development. Institutional reforms are seen as a necessary measure for boosting the private sector and creating a favourable climate for private investment (European Communities 2000a: Article 21). Furthermore, institutional reforms are designed to improve access to economic activities and resources (2000a: Article 23). It is also worth mentioning that the ACP States are required to carry out institutional reforms if they want to secure financial resources from the EDF. Resource allocation in Cotonou is based on needs and performance, both of which are continuously reviewed by the Community. Progress in the implementation of institutional reforms is one of several performance indicators which are subject to these periodic reviews (2000a: Annex IV Article 3).

To sum up, institutional development and capacity building are intended to support four areas: first, institutional reforms with a view to developing and strengthening democratic structures and institutions as well as good governance in public institutions (European Commission 2001: 49); second, public sector reforms aimed at the rationalisation and modernisation of government services and improvements in public sector effectiveness; third, the establishment of an institutional framework that is needed for the functioning of societies based on market economies; fourth, the development and strengthening of non-state actors and the encouragement of dialogue between them and national authorities (2001: 50).

The term *institutional support* is sometimes also used to refer to the bodies and agencies that are to support ACP-EU cooperation itself. For example, the Centre for the Development of Enterprise (COE) and the Centre for the Development of Agriculture (CT A) are designed to provide institutional support for businesses and enterprises and agricultural and rural development respectively (European Communities 2000a: Annex III Article 1).

#### *Domain* 7 - *Development finance cooperation (general aspects)*

Development finance cooperation has always been one of the central elements of ACP-EC cooperation, yet the Community's approaches and priorities in this area have changed significantly over time. Due to the large Judith Kast-Aigner - 978-3-631-75372-9 number of word clusters related to this field, they have been further divided into three domains, the first of which covers basic issues in development finance cooperation.

Table 31.7: Domain 7 - Development finance cooperation (general aspects)


The fact that table 31.7 is headed by the term *investment facility* is indicative of the emphasis that Cotonou puts on investment financing. According to the Financial Protocol annexed to the Cotonou Agreement, resources from the European Development Fund are provided via two instruments, viz. in the form of grants, with one envelope for supporting long-term development and another one for supporting regional cooperation, and in the form of the investment facility (European Communities 2000a: Annex I). Detailed information on the resources and operations of the investment facility are set out in Annex II, under the heading of *terms and conditions of financing.* The resources of the investment facility, sometimes simply referred to as the *Facility,* can be used to provide risk capital and ordinary loans. The former may come in the form of equity participation in enterprises in the ACP States, quasi-capital assistance to such enterprises (including conditional, participating and subordinated loans) and guarantees or other forms of credit enhancements which may serve as instruments to cover the political and investment-related risks involved (2000a: Annex II Article 2). Ordinary loans are usually granted at an interest rate comparable to the rate of commercial loans with the same terms and conditions, but may be given on concessional terms in exceptional cases, such as infrastructure projects in LDCs or postconflict countries that are considered prerequisites for private sector development, and projects with significant and visible social or environmental benefits (2000a: Annex II Article 2). The Investment Facility may be used in all economic sectors, supporting investments of both "private and commercially run public sector entities" (2000a: Annex II Article 3). The EIB is responsible for administering the operations financed under the Investment Facility, whereas all other financial resources provided via the EDF are administered by the European Commission (2000a: Annex I). Nevertheless, the Member States and the Commission still exercise power over the Facility's investment strategies and plans via the Investment Facility Committee80, set up under the auspices of the EIB, but consisting of representatives of the Member States' governments and a Commission representative (European Communities 2000b: Article 29).

The term *exchange rate risk* is included in the terminological domain covering development finance cooperation, as the terms and conditions of financing under the investment facility set out rules on how the foreign exchange rate risk is to be dealt with. In the case of equity participation, the risk is borne by the Facility, whereas in the case of risk capital financing for SMEs, it is shared equally between the Community and the other parties involved. Loans are "where feasible and appropriate" granted in the ACP States' local currencies, which means that the Facility bears the foreign exchange rate risk in this case (2000a: Annex II Article 5).

While the term *investment facility* refers to one of the instruments used to provide resources, several word clusters listed in table 31.7 point to initiatives which the contracting parties consider worthy of funding and the ways of granting support. For example, structural adjustment is still given priority under Cotonou. The Community's programme to support macroeconomic and sectoral reforms, still referred to as *structural adjustment support,* is based on a joint assessment of the reform measures undertaken or contemplated by the

<sup>80</sup> See domain 2 in this section Judith Kast-Aigner - 978-3-631-75372-9

ACP States at the macroeconomic and/or sectoral level. A new feature of structural adjustment in the new Agreement is the incorporation of a regional component, as the contracting parties "recognise the necessity to encourage reform programmes at regional level" (European Communities 2000a: Article 67). Accordingly, regional activities that impact on national development have to be taken into consideration when preparing the national programmes. Furthermore, the ACP States must harmonise and coordinate their macroeconomic and sectoral policies in order to "fulfil the dual aim of regional integration and of structural reform at national level" (2000a: Article 67). Several other provisions on structural adjustment support have not been changed under Cotonou. Assistance is still provided in the form of general and sectoral import programmes and budgetary support (2000a: Article 67), with the latter being provided either directly, if the ACP States concerned have convertible and freely transferable currencies, or indirectly, from counterpart funds (2000a: Article 61). ACP States carrying out adjustment programmes agreed with the principal multilateral donors are still privileged in the sense that they do not have to have their programmes approved by the Community but are "treated as having automatically satisfied the requirements for adjustment assistance" (2000a: Article 67).

The system for the stabilisation of export earnings, ST ABEX, one of the most innovative and popular features of Lome, has been replaced with a new, albeit modest scheme, dealt with under the heading of *support in cases of shortterm fluctuations in export earnings* (European Communities 2000a: Article 68). In contrast to Lome, which had parts of the EDFs earmarked for STABEX, Cotonou does not provide for a special financial envelope for its support system. Instead, support for the mitigation of adverse effects of the instability in export earnings is provided from the general funds for support to long-term development (2000a: Article 68).

The term *humanitarian and emergency assistance* refers to a well-known concept, which was formerly referred to as *exceptional aid* (Yaounde II and Lome I), *emergency aid* (Lome II and III) and *emergency assistance* (Lome IV), with the latter still being used frequently in Cotonou, especially in connection with the rules on emergency assistance contracts. According to Article 72 of the Cotonou Agreement, humanitarian and emergency assistance is to be provided to the populations of ACP States in cases of serious economic or social difficulties as a result of natural disasters or man-made crises such as wars. It has to be in accordance with international humanitarian law and tailored to the needs and interests of the victims of disasters (European Judith Kast-Aigner - 978-3-631-75372-9 Communities 2000a: Article 72). The contracting parties recognise the need to link short-term post-emergency action and long-term development programmes, stating that

"such action( ... ] must ease the transition from the emergency phase to the development phase, promote the socio-economic reintegration of the parts of the population affected, remove as far as possible the causes of the crisis and strengthen institutions and the ownership by local and national actors of their role in formulating a sustainable development policy for the ACP country concerned" (2000a: Article 73).

As emergency assistance is generally provided through the Community budget, Cotonou emphasises that funding of short-term emergency action from the EDF is only possible in exceptional cases and "where such assistance cannot be financed from the Community's budget" (2000a: Article 73).

Technical cooperation is, besides financial cooperation, the second main element of development finance cooperation. The term *technical cooperation* is the official and general term for the provision of technical assistance, but it appears that the two terms, i.e. *technical cooperation* and *technical assistance,* are frequently used synonymously. The same is true for the terms *financial cooperation* and *financial assistance.* The former refers to the provision of financial assistance, including resources from the EDF and loans made from the EIB's own resources. As in the past, the word *cooperation,* implying equality of partners, mutual trust and two-way benefits, is used to describe situations or activities which are characterised by strong dependency of one party on the other. However, the word *assistance* is more apt and, quite frankly, more accurate.

The following sets of concordances of the terms *financial cooperation* and *financial assistance* are a case in point. The former is used in more general terms (e.g. the title of a chapter in the Agreement) and clearly refers to an activity that involves two parties on an equal footing (e.g. ACP-EC financial cooperation).

operations in the framework of ACP-EC *financial cooperation* 

*Financial cooperation* betweeneachACJ>regiooand theCommunity *Financial cooperation* between the ACJ> State and the Community the need for new resources to support *financial cooperation* 

TITLE II *Financial cooper11tion* 

The need for new resources to support *financial cooperlltion* 

The rules for the administration of *fin11nci11/ cooper11tion* 

By contrast, the term *financial assistance* implies dependency and reveals the fact that financial assistance must be given by one party (the Community) to the other (the ACP States). Accordingly, financial assistance is said to be *provided, granted, made available* or *allocated.* Furthermore, the term *financial assistance* tends to be used at a more specific level, e.g. in connection with actual amounts.


The term *financial support* is also sometimes used, with its connotations being similar to those of the term *financial assistance.* For example, the phrase *eligible for financial support* is used twice in the Agreement, indicating the somewhat exclusive character of the financial arrangements. Again, financial support is said to be *offered* or *provided,* suggesting a one-way flow of resources.

The use of the term *Community aid* has markedly decreased, with only seven occurrences compared to 19 in Lome III, 23 in Lome IV and 19 in Lome IV *bis.* As in the past, it is primarily used in the Community's Internal Agreement, whereas it is avoided in the Agreement proper.

Development finance cooperation involves three executing agents, referred to as the *Chief Authorising Officer,* the *National Authorising Officer* and the *Head of Delegation.* The Chief Authorising Officer is in charge of managing the EDF resources. Appointed by the European Commission, the Chief Authorising Officer is responsible for committing, clearing, authorising and keeping accounts of expenditure under the EDF and has to make sure that financing decisions are taken (European Communities 2000a: Annex IV Article 34). The government of each ACP State must appoint a National Authorising Officer, who represents the government "in all operations financed from the resources of the Fund" (2000a: Annex IV Article 35). Likewise, the European Judith Kast-Aigner - 978-3-631-75372-9 Commission is represented in every ACP State by a delegation operating under the authority of a Head of Delegation, appointed by the Commission subject to approval by the ACP State in question and representing the Commission "in all spheres of its competence and in all its activities (2000a: Annex IV Article 36). The National Authorising Officer has to cooperate closely with its respective Head of Delegation, e.g. when it comes to preparing and appraising projects and programmes as well as when managing the tendering procedures (2000a: Annex IV Article 35).

## *Domain 8* - *Development finance cooperation (investment)*

Whereas the overall term *investment facility* is included in domain 7, which introduces the basic ideas and terms in the field of development finance cooperation, the word clusters in domain 8 refer to rather specific aspects of investment financing.


Table 31.8: Domain 8 - Development finance cooperation (investment)

Articles 74 to 78 of the Cotonou Agreement set out how development finance cooperation, comprising financial and technical assistance, is to support investment and private sector development, including provisions for investment promotion, investment finance and support, investment guarantees and investment protection. The main idea of investment promotion is to encourage private investment by providing private investors with incentives to participate in the financing of projects and programmes. To this end, the contracting parties aim to create a more predictable and secure investment climate; encourage co-financing in order to facilitate joint ventures; support investment fora and investment promotion agencies; and provide information on investment opportunities in the ACP States (European Communities 2000a: Article 75). The European private sector plays a key role, as it is considered capable of assisting its counterparts in the ACP States, thus facilitating dialogue within and between the private sectors of the EU and the Judith Kast-Aigner - 978-3-631-75372-9

ACP countries, an idea rather clumsily referred to as *ACP-EU private sector business dialogue* (2000a: Article 75).

Though not included in table 31.8, for they appear only twice in the Agreement, the terms *investment protection* and *investment guarantees* are worth exploring. Investment guarantees are tools of increasing importance in development finance that help to reduce project risks and may therefore provide a boost to private investment. In the Cotonou Agreement, the contracting parties agree to support such guarantees, including guarantee funds involving the domestic financial sector and reinsurance schemes to provide protection against legal uncertainties, the risk of expropriation, currency transfer restrictions, wars and riots, and breach of contract (2000a: Article 77). The ACP States and the Community also recognise the need to protect the other party's investments on their territories and therefore plan to conclude investment protection agreements (2000a: Article 78). To this end, presumably due to lack of expertise on both sides, they "agree to study the main clauses of a model protection agreement", paying particular attention to the fair treatment of foreign investors, the most-favoured-investor clause, international arbitration, and protection against expropriation and nationalisation (2000a: Annex II Article 15).

With 67 occurrences, the term *private sector* is one of the most frequent word clusters overall. The Agreement does not provide a definition, but includes the private sector in its enumeration of the actors of cooperation, which consists of state actors, i.e. local, national and regional bodies, on the one hand, and non-state actors, comprising civil society, economic and social partners and the private sector, on the other (European Communities 2000a: Article 6). The only information on the protagonists in the private sector is given in a brief section on mineral resource development in the Compendium, according to which the private sector includes investors and entrepreneurs (European Commission 2001: 18).

#### *Domain* **9** - *Development finance cooperation (implementation)*

While domain 7 covers general aspects of development finance cooperation, the terms referring to the actual implementation procedures are included in domain 9, which is displayed in table 31.9. Not all of them are particularly interesting or relevant from a terminological point of view, as they are universal expressions that may be used in any subject area, e.g. *projects and programmes* or *decision making.* Some of them are very similar or appear twice,

i.e. in the singular and the plural, e.g. *projects and programmes, programmes and projects* and *project(s) or programme(s), indicative programme(s), financing proposal(s)* and *invitation(s) to tender.* 

Table 31.9: Domain 9 - Development finance cooperation (implementation)


All questions related to projects and programmes along with detailed provisions for the entire project management cycle - from programming and

project implementation to monitoring and evaluation - are laid down in Annex IV under the heading of *implementation and management procedures.* The programming process starts with each ACP State preparing a strategy paper, referred to as the *country support strategy* or *country cooperation strategy81*  (European Communities 2000a: Annex IV Articles 1 and 2), and the frequent use of the word *strategy* is indicative of the EU's intention to incorporate a strategic element into the implementation procedures and to base its activities on thorough, well thought-out and long-term plans. The next step is resource allocation, which means that the Community gives the ACP State concerned "a clear indication [ ... ) of the indicative programmable financial allocation from which the country may benefit during the five-year period" (2000a: Annex IV Article 1 ). As mentioned above, one of the innovations of Cotonou is the idea of allocating resources on the basis of two elements, viz. needs and performance. On the one hand, the financial resources which a country may expect to receive depend on the Community's assessment of the state's needs, which takes several parameters into consideration, e.g. income per capita, social indicators and the state's dependence on export earnings, with particular account being taken of the LDCs, island and landlocked states as well as post-conflict countries (2000a: Annex IV Article 3). On the other, resource allocation is now also based on a state's performance, including its progress in the implementation of institutional reforms, the effective use of resources, the implementation of measures aimed at poverty reduction and sustainable development and macroeconomic indicators (2000a: Annex IV Article 3). Although performance is to be "assessed in an objective and transparent manner" (2000a: Annex IV Article 3), it is clear that, by introducing the performance criterion, the EU somehow imposes its own ideas of development and development policy on the ACP States.

On the basis of the financial resources which a state can expect and in consistency with its CSS, each ACP State has to draw up a so-called *draft indicative programme,* which is meant to specify the focal sector(s), i.e. the areas on which the State plans concentrating, the measures and operations in order to achieve the objectives in the focal sector(s), the resources earmarked for projects outside the focal sector(s) as well as those non-state actors that the ACP State considers eligible for inclusion in the implementation of projects and programmes (European Communities 2000a: Annex IV Article 4). After submitting the draft indicative programme to the Community, it is subject to

<sup>81</sup> See Section 5.6.1.1 for information on the key words CSS, CS, *RSS* and *RCS*  Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

discussions between the Community and the ACP State in question and is, once adopted, binding on both parties involved. In view of the extensive review process that each ACP State has to undergo and that concludes the programming process, the resulting indicative programme includes a timetable for its implementation and review as well as the parameters and criteria on which the reviews are to be based (2000a: Annex IV Article 4).

As to the review process, the National Authorising Officer and the Head of Delegation are responsible for undertaking an annual operational review of the indicative programme, as well as a mid-term and an end-of-term review of the Country Support Strategy and the indicative programme (European Communities 2000a: Annex IV Article 5). The former is intended to assess whether the ACP State in question has been able to keep to the provisions of the indicative programme and its timetable concerning the commitment and disbursement of resources, including an evaluation of the results achieved in the focal sector(s), the projects outside the focal sector(s) and the effectiveness of the implementation of the operations. The results of the annual operational review have to be reported to the ACP-EC Development Finance Cooperation Committee (2000a: Annex IV Article 5). The mid-term and end-of-term reviews also include a revision and, potentially, an adaption of the Country Support Strategy, along with a revision of the resource allocation in the light of the ACP State's current needs and performance (2000a: Annex IV Article 5).

It is the ACP State's responsibility to identify specific projects and programmes, which are then subject to joint appraisal by the National Authorising Officer and the Head of Delegation (European Communities 2000a: Annex IV Article 15 and 35). The conclusions of the appraisal are summarised in a so-called *financing proposal,* which also provides a timetable for the technical and financial implementation of the project or programme (2000a: Annex IV Article 16). After submission to the European Commission for finalisation, the financing proposal is forwarded to the Community's decision-making body (2000a: Annex IV Article 16), which is, according to the Community's Internal Agreement, the EDF Committee (European Communities 2000b: Article 24). In some cases, depending on the value of the financing proposals, the Commission itself is authorised to take the financing decision (2000b: Article 24). In case of a positive financing decision, a financing agreement between the Commission and the ACP State in question is drawn up, specifying the financial commitments from the EDF, the financing arrangements, and general and specific provisions regarding the implementation of the project or programme concerned (2000a: Annex IV Article 17).

As to participation in invitations to tender, Annex IV provides detailed rules on the eligibility of persons, companies and other groupings (European Communities 2000a: Annex IV Articles 20 and 22) as well as regulations for competition and preferences for operations financed under the EDF (2000a: Annex IV Articles 23 and 26). Contingent on the type and value of the contract concerned, contracts may be awarded via open international or open local invitation to tender, restricted invitation to tender, with or without the publication of a procurement notice (2000a: Annex IV Article 23).

#### *Domain 10* - *Economic and trade cooperation (general aspects)*

Similar to the field of development finance cooperation, the area of economic and trade cooperation is split into two domains, one covering word clusters referring to economic and trade cooperation in general and the other including word clusters referring to the rules of origin.



Table 31.10 lists those word clusters that refer to the area of economic and trade cooperation in general, with the term *economic and trade cooperation* Judith Kast-Aigner - 978-3-631-75372-9

representing one of the most significant new terms of Cotonou, basically replacing the term *trade cooperation* to refer to ACP-EU relations in the area of trade82• It includes references to the parties in economic and trade cooperation, viz. the terms *importing country, exporting country* and *exporting ACP State;* to the stated objectives of such cooperation, viz. the phrases *integration of the ACP States* and *integration of the ACP countries into the world economy;* and to certain issues in trade, especially in asymmetrical trade relationships, e.g. the terms *safeguard measures* and *preferential treatment.* Only a few of the word clusters are new and/or interesting from a terminological point of view and therefore dealt with in more detail.

As discussed above83, the gradual integration of the ACP countries into the world economy is one of the three main objectives of the ACP-EU partnership (European Communities 2000a: Article 1). To this end, the contracting parties have agreed on the implementation of cooperation strategies, including two main elements, viz. development strategies and economic and trade cooperation. Accordingly, the aforementioned objective is repeated in the section on economic and trade cooperation (Part 3 Title 11), specifying that the ultimate aim of such cooperation is "to enable the ACP States to play a full part in international trade" (2000a: Article 34). The principles of economic and trade cooperation are quite revealing as they prepare the ground for the new arrangements applying to ACP-EU trade. The idea of a "true, strengthened and strategic partnership" as the basis of economic and trade cooperation (2000a: Article 35) is particularly interesting, for it brings to mind the equality of partners and reciprocity. The wording may also imply that the trade relations between the EU and the ACP States did not represent a true partnership in the past, lacking some of the elements that one would expect of such a partnership. Furthermore, the principles contain references to regional integration, considered "a key instrument for the integration of ACP countries into the world economy", and the differences in the needs and levels of development of the ACP States, calling for special and differential treatment (2000a: Article 35).

In the light of these principles, the contracting parties agree to conclude new trading arrangements compatible with WTO rules, with barriers to trade

<sup>82</sup> See domain 3-types of cooperation in this section

<sup>83</sup> See Section 5.6.1.1 for information in connection with the key word *poverty* and domain 3 - types of cooperation in this section for information on the word cluster *economic and trade cooperation* Judith Kast-Aigner - 978-3-631-75372-9

between them being progressively removed (2000a: Article 36). The name given to the new trading arrangements, viz. *economic partnership agreements,*  reflects the principles of economic and trade cooperation, especially the idea of a partnership. Cotonou provides for the economic partnership agreements to be negotiated within five years starting in September 2002, and to enter into force by 1 January 2008 (2000a: Article 37). During the so-called *preparatory period,* i.e. the period until 31 December 2007, the non-reciprocal trade preferences granted to the ACP States since 1975, are to be maintained (2000a: Article 36), with Annex V setting out clear rules for the trade regime applicable during the preparatory period.

As to the EPA negotiations, they are to be conducted only with those ACP States that "consider themselves in a position to do so, at the level they consider appropriate and in accordance with the procedures agreed by the ACP Group" (2000a: Article 37). For those non-LDC ACP States that are not in a position to enter into EPA negotiations, alternative possibilities are to be explored, aiming for a new framework both "equivalent to their existing situation and in conformity with WTO rules" (2000a: Article 37). As to the LDCs among the ACP States, the Community announces its intention to launch an initiative "which by the end of multilateral trade negotiations and at the latest 2005 will allow duty free access for essentially all products from all LDC [sic!]" (2000a: Article 37), referring to the Community's scheme that would shortly after be called *Everything but arms.* 

The trade regime applicable during the preparatory period explains why several word clusters familiar from the Lome Conventions, such as *Common Agricultural Policy* and *safeguard measures,* appear in table 31.10. In fact, the provisions of Annex V represent to a considerable extent an exact copy of the trade arrangements of Lome IV. Accordingly, whereas products originating in the ACP States may generally enter the Community market "free of customs duties and charges having equivalent effect", products covered by the Community's CAP are subject to more stringent and restrictive rules, but they have to be given preferential treatment over those of third countries that enjoy most-favoured-nation treatment (European Communities 2000a: Annex V Article 1). The Community is only allowed to take safeguard measures if the importation of a product into the Community causes or threatens to cause "serious injury to its domestic producers of like or directly competitive products" and/or serious disturbances in a sector or a region (2000a: Annex V Article 8). The application of the safeguard clause, however, requires prior consultation and the resulting safeguard measures have to be restricted to Judith Kast-Aigner - 978-3-631-75372-9

"what is strictly necessary to remedy the difficulties" and are to inhibit the implementation of the objectives of the Agreement as little as possible (2000a: Annex V Article 8).

The term *Community market* is mainly mentioned in connection with the ACP States' position in or access to the European market and to the sale of their products there. As in the past, Cotonou contains rules regarding certain ACP products, for which the Community market plays a particularly important role, viz. sugar (Protocol 3 on ACP Sugar}, beef and veal (Protocol 4 on Beef and Veal), bananas (Protocol 5 - The Second Banana Protocol}, rice (Declaration XXIV - Joint Declaration on Rice) and rum (Declaration XXV - Joint Declaration on Rum).

#### *Domain 11* - *Economic and trade cooperation (originating status)*

As only products originating in the ACP States are allowed to be imported into the Community free of customs duties and unfettered by quantitative restrictions, determining the originating status of products remains one of the most complicated and delicate, yet crucial tasks in the trade relationship between the EU and the ACP Group during the preparatory period. The word clusters that appear in this domain are listed in table 31.11 (see next page).

As in the Lome Conventions, the protocol concerning the definition of the concept of originating products (Protocol 1) represents the most comprehensive and complex set of rules. According to the protocol, products are considered to be originating in the ACP States (also referred to as *originating products)* if they are either wholly obtained in the ACP States or, in the case that they incorporate materials which are not wholly obtained there - so-called *non-originating materials* -, if the latter have "undergone sufficient working or processing in the ACP States" (European Communities 2000a: Pl Article 2). Originating products consisting of "materials wholly obtained or sufficiently worked or processed in two or more ACP States" are considered to be products originating "in the ACP State where the last working or processing took place" (2000a: Pl Article 2). While Article 3 of the protocol lists numerous products considered to be wholly obtained in a particular country, such as mineral products extracted from its soil, vegetables harvested there, and animals born and raised there (2000a: Pl Article 3), Article 4 and Annex II provide information on the idea of sufficient working or processing, i.e. the procedures that confer the status of originating products, with details of insufficient working or processing given in Article 5.

Table 31.11: Domain 11- Economic and trade cooperation (originating status)


Of particular weight in the application of the rules of origin are the documents that serve as proof of origin of the products involved, namely the movement certificate and the invoice declaration. A so-called *movement certificate* is issued by the customs authorities of the exporting country on application by the exporter, after taking "any steps necessary to verify the originating status of the products" (2000a: Pl Article 15). A declaration on an invoice, on a delivery note or on any other commercial document providing a description of the products that is detailed enough to enable their identification is referred to as an *invoice declaration* and may be provided to the customs authorities only by approved exporters or, if the value of the goods does not exceed 6,000 euros, by any exporter (2000a: Pl Article 19). The term *approved exporter* refers to an exporter who makes frequent shipments of products and who is authorised by the customs authorities of the exporting country to write out invoice declarations irrespective of the value of the exported goods. Exporters who apply for the status of approved exporter have to provide the customs authorities with all the information necessary to prove the originating status of their products. The customs authorities may impose "any conditions which they consider appropriate" on granting the status of approved exporter, as well as monitoring the use of and withdrawing the authorisation at any time (2000a: Pl Article 20).

It is worth mentioning that the EU is apparently well aware of the strictness of its rules of origin and the hardships faced by the ACP States as a result of their application. The negotiations of the economic partnership agreements, which are supposed to bring the ACP-EU trade regime in line with WTO rules, therefore also require an effort by the Community, with trade liberalisation aiming at "improving current market access for the ACP countries through [ ... ] a review of the rules of origin" (2000a: Article 37). In a joint declaration attached to the Agreement, the Community agrees to examine and, if necessary, adopt corrective measures if the rules on sufficient working or processing turn out to have an adverse effect on the ACP States' exports. It also states to have "noted the requests made by ACP States on rules of origin in the context of the negotiations" (2000a: Declaration XLIII) and therefore provides for an annual revision of the rules (2000a: Pl Article 40).

## *Domain 12* - *Thematic issues*

Domain 12, covering thematic issues, includes word clusters that refer to a variety of topics such as culture, gender and information technology.


Table 31.12: Domain 12 -Thematic issues

The term *cultural heritage* is one of the few terms referring to cultural cooperation, which is symptomatic of the low priority given to this area. The Cotonou Agreement contains a single article on cultural development and cooperation, indicating a certain willingness to account for the cultural dimension in development cooperation, to develop cultural industries and to recognise, preserve and promote cultural values and identities as well as cultural heritage (European Communities 2000a: Article 27). The Compendium is more specific, though, providing some background information on the aims and tasks of cultural cooperation, which is very similar to the respective text passages in Lorne IV. What is more, cultural heritage is mentioned in connection with the development of the tourism sector, recognising the need to support the countries in "protecting and developing the natural and cultural heritage" to this end (European Commission 2001: 29). Besides, the term *cultural heritage* reveals that the contracting parties have been able to progress in an area that has clearly been of great concern to the ACP States. In their Joint Declaration on the ACP cultural heritage, the contracting parties not only reinforce their willingness "to promote the preservation and enhancement of the cultural heritage of each ACP country" but, more importantly, they also acknowledge the need to give historians and researchers from the ACP States access to archives, thus promoting an exchange of information on their cultural heritage, and to provide assistance for the "preservation, protection and exhibition of cultural properties" (European Communities 2000a: Declaration XI). While the EU had refused to make concessions in this respect in the negotiations of Lorne IV84, it was more accommodating ten years later. However, the main issue, namely "the return or restitution of cultural property taken from ACP States and now to be found in Member States", is still unresolved and therefore addressed by the ACP Group in a unilateral declaration annexed to the Agreement (2000a: Declaration XII). It may be of help that "questions related to the [sic!] cultural heritage" are explicitly mentioned to form part of the political dialogue that the contracting parties are expected to establish under Cotonou (2000a: Article 8).

Under the heading of *trade in services,* the enhancement of information and communication technologies (JCT) and active participation in the information society are prerequisites for the ACP States' integration into the global economy (European Communities 2000a: Article 43). Firstly, the contracting parties agree to cooperate in these areas, e.g. with a view to facilitating access

<sup>84</sup> See Section 5.4.4.2 (domain 5 - cultural and social cooperation) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

to JCT for people in the ACP States and to harmonising communication systems at the regional, national and international levels. Secondly, they commit themselves to fulfilling existing multilateral agreements - the Protocol on Basic Telecommunications attached to GA TS is specifically mentioned and to participating in international negotiations in these areas (2000a: Article 43). The development towards an information society also requires support for the ACP States' efforts to educate people in the use of JCT, to create a sound regulatory environment for JCT and to use new technologies in the provision of public services (European Commission 2001: 30).

Maritime transport represents another topic that is discussed under the heading of *trade in services.* Similar to the aforementioned issue of restitution, it had been the subject of a dispute between the ACP States and the EU in Lome IV, a dispute that apparently - judging from the respective provisions in the Cotonou Agreement - was won by the Community. In fact, the contracting parties are completely silent on the differences they had in the past35. Instead, they emphasise the importance of maritime transport services for international trade and thus for economic development and commit themselves to the "liberalisation of maritime transport and [ ... ] the principle of unrestricted access to the international maritime transport market on a non-discriminatory and commercial basis" (European Communities 2000a: Article 42). More specifically, each party undertakes to grant ships of one of the other parties "a treatment no less favourable than that accorded to its own ships", be it access to ports, the utilisation of infrastructure and facilities or the related fees and charges. The Community agrees to support the ACP States in their efforts to develop "cost-effective and efficient maritime transport services", e.g. by developing shipping networks to enhance regional and international shipping services and by promoting the modernisation of ports and port facilities as well as the "implementation of good policies and competition rules" (European Commission 2001: 27).

Both sanitary and phytosanitary measures as well as trade and environment represent so-called *trade-related areas,* dealt with in Articles 44 to 52. As to the former, the contracting parties acknowledge the other parties' right to enforce sanitary and phytosanitary measures which they consider "necessary to protect human, animal or plant life or health", unless these measures represent forms of arbitrary discrimination or trade barriers in disguise. In addition to their commitments under the WTO Agreement on the

<sup>85</sup> See Section 5.4.4.2 (domain 15 - thematic issues) Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

Application of Sanitary and Phytosanitary Measures (the so-called *SPS Agreement),* the ACP States and the EU are meant to consult and inform each other of new sanitary and phytosanitary measures "whenever these measures might affect the interests of either Party" (European Communities 2000a: Article 48). As to the area of trade and environment, the contracting parties simply commit themselves to conducting trade in a way that conforms with the sound management of the environment and in accordance with international conventions, in particular the Rio Principles (2000a: Article 49).

As discussed above86, sustainable development is a key issue in the Cotonou Agreement. While it represents a universal concept that spans environmental as well as social, economic and institutional aspects, the principles of the sustainable management of the environment and natural resources are crucial to the idea of sustainable development and must therefore be "applied and integrated at every level of the partnership" (European Communities 2000a: Article 1). This entails the idea of incorporating environmental protection and the sustainable management of natural resources into all aspects of development cooperation as well as supporting schemes that aimed at "addressing critical sustainable management issues" (2000a: Article 32). Taking opportunities for environmental improvements into account in the early stages of projects and programmes is considered an important contribution to the sustainable management of environmental and natural resources (European Commission 2001: 48). Sustainable development also requires sustainable energy, which means that energy is seen "not as a commodity but as a provider of services to improve livelihoods" (2001: 22), emphasising the need for renewable sources of energy and efficiency in the end use of energy. To this end, the objectives of sustainable energy are supposed to be incorporated into other areas of development cooperation (e.g. rural development, water or transport projects) and supported through the involvement of civil society (2001: 22).

Considering gender issues and concerns at all levels of development cooperation, an approach also referred to as *gender-sensitive development cooperation*  (European Commission 2001: 46), is another cross-cutting theme dealt with in the Cotonou Agreement and covered in more detail in Section 5.6.1.187•

<sup>86</sup> See domain 4 in this section for details on the word cluster *sustainable development* 

<sup>87</sup> See Section 5.6.1.1 for information on the key word *gender* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

## *Domain 13* - *Cross-sectional issues*

The terminological domain covering cross-sectional issues and the respective table, viz. table 31.13.1, comprise a number of word clusters which are relevant for more than one subject area. Rather than showing thematic similarities, their common denominator is the fact that they appear in various different fields, thus penetrating ACP-EU cooperation in general.


Table 31.13.1: Domain 13- Cross-sectional issues

While most of these expressions are not particularly enlightening or interesting from a terminological point of view, they may help to see the bigger picture of ACP-EU cooperation and to understand the interdependency of its numerous elements. In table 31.13.2, the word clusters referring to these elements are organised into three levels, i.e. the meta-level, the strategic level and the operational level. The meta-level provides the basis or framework of development cooperation. The objectives of ACP-EU cooperation are supposed to guide the contracting parties in the formulation of strategies, represented at the strategic level. These strategies result in several day-to-day activities, shown at the operational level. The term *objectives of the partnership* is broader than the term *objectives of this Agreement,* for the ACP-EU Partnership Judith Kast-Aigner - 978-3-631-75372-9 can be considered to encompass more than the Cotonou Partnership Agreement. Similarly, the term *development objectives* is more specific than *objectives of this Agreement,* since the Cotonou Agreement pursues numerous objectives, not all of which may be seen as development objectives. Likewise, the terms *policies and strategies* and *policies and programmes* are not specific about their areas of application and are therefore more general than the terms *cooperation strategies* and *cooperation programmes,* which are clearly related to ACP-EU cooperation. The terms *development strategies* and *development policies*  are even narrower, as they refer to only one of the two pillars of cooperation strategies. Putting strategies into action takes place at the operational level, with the terms *development efforts* and *development process* representing typical examples.



## *Domain 14* - *Regional integration*

As pointed out above88, regional integration now represents a main element and objective of ACP-EC cooperation, not least in connection with the new trading arrangements, the basis of which is provided in the Cotonou Agreement. Table 31.14 shows those word clusters that refer to different aspects of regional integration.

<sup>88</sup> See Section 5.6 and domain 3 in this section for information on the word cluster *regional cooperation* Judith Kast-Aigner - 978-3-631-75372-9


Table 31.14: Domain 14 - Regional integration

The importance of regional integration is addressed in the objectives of the partnership, which call for support for "regional and sub-regional integration processes which foster the integration of the ACP countries into the world economy in terms of trade and private investment" (European Communities 2000a: Article 1). The more specific term *regional economic integration* is frequently used, though it can be considered a synonym of the term *regional integration,* as the Cotonou Agreement does not mention any other forms of regional integration and basically deals with the topic from an economic and trade point of view. Regional (economic) integration includes capacity building for institutions and organisations in the ACP States that promote regional cooperation, and for national governments and parliaments in questions related to regional integration, promoting foreign and domestic cross-border investments, supporting trade liberalisation, assisting the LDCs among the ACP States to establish regional markets and helping with the implementation of reform programmes at the regional level (2000a: Article 29). As regional integration is considered an adequate tool to support the ACP States' integration into the global economy, economic and trade cooperation is to be built on regional integration initiatives (2000a: Article 35). Thus, the new trade regime in the form of Economic Partnership Agreements is to be negotiated and implemented at a regional level (2000a: Article 37).

Several areas of cooperation are singled out as being of crucial importance for regional cooperation, which implies that the regional level has to be given particular attention in the planning and implementation of projects and programmes. For instance, as efficient transport networks operating across different countries are a prerequisite for regional integration, the contracting parties have to provide for transport development at the regional level (European Commission 2001: 15), including the formulation of policies and Judith Kast-Aigner - 978-3-631-75372-9

strategies at the regional level (2001: 16). Examples of measures in this area are support for regional transport corridors and services and the harmonisation of transport regulations and procedures (2001: 15). Furthermore, private sector development requires economic and institutional reforms at both the national and the regional level (European Communities 2000a: Article 21). Institutional development also accounts for the regional level, with a view to facilitating the exchange of information, dialogue and consultation between non-state actors and the national authorities (2000a: Article 33).

According to the Financial Protocol attached to the Cotonou Agreement, financial support for regional cooperation and integration takes the form of grants, and accounts for approximately ten per cent of the 9th EDF (European Communities 2000a: Annex I). Furthermore, the programming of financial and technical assistance for the purpose of regional cooperation and integration is subject to a specific set of rules, which is slightly different from the respective provisions for programming at the national level (2000a: Annex I). In Chapter 2 of Annex IV, which covers programming at the regional level, regional cooperation is defined as operations that benefit and involve either two or more ACP States or "a regional body of which at least two ACP States are members" (2000a: Annex IV Article 6). The definition of geographical regions is a delicate issue, as the negotiations of the EPAs have shown.89 According to the Cotonou Agreement, regional programmes are, if possible, supposed to correspond to "programmes of existing regional organisations with a mandate for economic integration" (2000a: Annex IV Article 7). Furthermore, the Community intends to support regional programmes of those groups of ACP States which agree to negotiate EP As with the EU (2000a: Annex IV Article 7), a controversial idea which shows that the Community is willing to demonstrate its power and to manipulate the ACP States to a certain extent.

Regional programming *per se* is similar to programming at the national level, involving the preparation of a so-called *Regional Support Strategy,*  followed by an indicative resource allocation, the preparation and adoption of a so-called *Regional Indicative Programme* and a review process that monitors the RSS, the RIP and the resources allocated to a region (European Communities 2000a: Annex IV Article 8). Regional bodies, referred to as *duly mandated regional organisation(s),* play a central part, as they are involved in the preparation of the RSS and the draft RIP (2000a: Annex IV Articles 8 and 10). The former has to be prepared in cooperation with the Commission and the

<sup>89</sup> See Section 5.6

ACP States in the region concerned (2000a: Annex IV Article 8), whereas the latter represents the sole responsibility of the duly mandated regional organisation(s), with the final RIP being "adopted by common agreement between the Community and the ACP States concerned" (2000a: Annex IV Article 10).

## *Domain 15* - *Types of resources*

Domain 15 shows a number of word clusters referring to different types of resources mentioned throughout the Cotonou Agreement.

Table 31.15: Domain 15 - Types of resources


The term *financial resources* refers to the overall amount of the Community's financial assistance to the ACP States (European Communities 2000a: Article 62). This amount consists of two main elements, viz. the resources provided by the Community via the European Development Fund, also referred to as the *resources of the Fund* or, less frequently, *EDF resources,*  and EIB funds in the form of loans granted from its own resources (2000a: Annex I).

In addition, Cotonou makes mention of several non-monetary types of resources. While natural resources are mainly discussed in connection with their management, protection and conservation (European Commission 2001: 48), human resources are mentioned in terms of their development (2001: 28- 29) and use (European Communities 2000a: Articles 26 and 27). Productive resources are discussed with a view to the important role that having access to these resources plays for people (2000a: Article 1 ), and fishery resources are dealt with in connection with their use as well as the improvement of knowledge about them (European Commission 2001: 14).

## *Domain 16* - *Miscellaneous actors involved*

Domain 16 contains references to several actors that are mentioned in the Cotonou Agreement and that do not fall into any of the other domains.

Table 31.16: Domain 16-Miscellaneous actors involved


The expressions *representatives of the governments of the Member States, governments of the ACP States* and *representatives of the ACP States* mainly appear in descriptions of the composition of institutions, viz. of the EU, the ACP Group and joint bodies, as well as in agreements that are attached to the Agreement in the form of an exchange of letters bearing the signatures of certain representatives. Similarly, the expression *Head of State* only appears in the Final Act of the Agreement, signed by plenipotentiaries of all participating countries, including presidents, kings, queens and other heads of state.

As discussed elsewhere in this chapter90, the actors of ACP-EU cooperation include two main groups, namely state actors, represented by national, local and regional bodies, and non-state actors, including the private sector, economic and social partners and civil society. While the term *non-state actors*  is used throughout the text of the Agreement, the expression *state actors* is not, with the counterpart of the non-state actors lacking a uniform title. The terms *national authorities, public institutions, public authorities, public administrations, public agencies, local authorities* and *regional bodies* are just some examples of terms used in this regard.

<sup>90</sup> In particular, see Section 5.6.1.1 on the definition of the term *civil society* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

As was the case in the past, the term *customs authorities* is used in connection with the application of the rules of origin and the verification of the originating status of goods, with both the customs authorities of the exporting country and those of the importing country playing an important role.

## *Other word clusters*

A number of word clusters identified by WordSmith do not fit into any of the terminological domains outlined above, although this does not mean that analysing them in more detail is not worthwhile. Some of them are still worth mentioning and elaborating on. Table 31.17 shows a selection of the most interesting word clusters categorised as *Other.* 

#### Table 31.17: Other\*


• selected clusters only

It is hard to believe that the term *poverty reduction* did not appear in any of the agreements governing the relationship between the ACP States and the EU in the past. While this may be understandable to a certain extent for the Treaty of Rome and the Yaounde Conventions, the fact that poverty reduction was not mentioned in the Lome Conventions, which governed ACP-EU cooperation for 25 years, is slightly bewildering91 • Under Cotonou, it occupies a central position, for the contracting parties consider poverty reduction and, ultimately, poverty eradication the principal objective of their cooperation (European Communities 2000a: Article 19).

As discussed above92, coordination and complementarity, a topic which emerged 15 years earlier in Lome III, still, and increasingly so, represents an area that requires the contracting parties' attention, which explains the frequent occurrence of the multi-word expression *coordination and complementarity*  in the Cotonou corpus. The Community is particularly concerned about incon-

<sup>91</sup> See Section 5.6.1.1 for details on the key word *poverty* 

<sup>92</sup> See Section 5.6.1.1 for details on the key word *donors*  Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

sistencies between the Community's own aid programmes and aid from its Member States and therefore asks them to "systematically inform the Commission of the cooperation activities that it [each Member State] is undertaking, or intends to undertake, in each particular country" (European Communities 2000b: Article 23). In addition, complementarity has to be ensured in the various elements of the Community's development strategies (2000a: Article 20). In the programming process, coordination and complementarity with operations financed by other major donors (European Commission 2001: 34) and with the different actors within the framework of decentralised cooperation (2001: 57) have to be taken into account.

The significance of the word *partnership* has been described at length above93• One of its most frequent collocations is the term *ACP-EU Partnership,*  which appears in the Cotonou Agreement six times and reflects the highly political character of the relationship between the ACP States and the Community. The Agreement itself is usually referred to as the *ACP-EC Partnership Agreement,* the signatories of which are the ACP States, the European Community and the Member States, whereas the relation between them is referred to as the *ACP-EU Partnership,* implying a broader and more farreaching concept of partnership between the ACP Group and the European Union.

The impact of globalisation and the increasing importance of multilateral negotiations and agreements are reflected in the word clusters *international fora*  and *international level.* Under the heading of *cooperation in the international fora,*  the contracting parties emphasise their commitment to participating and cooperating in the WTO, with the Community assisting the ACP States in the fulfilment of their responsibilities in the WTO through capacity development along with technical assistance (European Communities 2000a: Article 39). Furthermore, they plan to intensify cooperation in international fora dealing with commodities (2000a: Article 40). In general, exchanges of views and dialogue in several areas, especially the political dialogue, are meant to "facilitate consultations between the Parties within international fora" (2000a: Article 8). ACP-EC cooperation aims to take account of the work of the United Nations as well as the objectives and programmes agreed at the international level (2000a: Article 19). In addition, the contracting parties intend to support debt relief initiatives agreed upon at an international level (2000a: Article 66). Last but not least, environmental problems call for cooperation at the

<sup>93</sup> See Section 5.6.1.1 for details on the key word *partnership* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

international level, with "overall, long-term policies for sustainable development, drawn up and implemented by the ACP States at national, regional and international level with international support" (European Commission 2001: 47).

## 5.6.2. *The revised Cotonou corpus*

The first revision of the Cotonou Agreement, which was completed in 2005, resulted in the so-called *Agreement amending the Partnership Agreement,*  hereafter referred to as the *revised Cotonou Agreement* or the 2005 *revision.* While this agreement forms the main part of the revised Cotonou corpus, the latter also includes the text of two documents known as the *Multiannual financial framework for the period 2008 to 2013* and the *Internal Agreement on the financing of Community aid under the multiannual financial framework for the period 2008 to 2013.* The complete contents of the revised Cotonou corpus are listed in the Appendix.

The 2005 revision represents a compilation of all the additions and changes to the original text of the Cotonou Partnership Agreement. As a result, the size of the revised Cotonou corpus - with approximately 23,100 words it is substantially smaller than the original Cotonou corpus - is comparable to that of the Lome IV *bis* corpus.

## *5.6.2.1. Key words*

The key words of the revised Cotonou corpus are identified on the basis of its word list, which consists of 2,198 items. Almost two thirds of the key words that remain after eliminating noise and irrelevant items (148 out of 232) represent words that also had key word status in the original Cotonou corpus.


Table 32: Selected new key words of the 2005 revision

A selection of those 84 key words of the revised Cotonou corpus that either did not appear or did not have the status of key words in the Cotonou corpus is provided in table 32, followed by an in-depth discussion of the relevant contexts.

The 2005 revision of the Cotonou Agreement features three new abbreviations, namely *EIB, EPAs* and OPCW. While the European Investment Bank has always been, and still is, referred to as the *Bank* in the agreements proper - the revised Cotonou Agreement is no exception in this respect -, the new Financial Protocol (i.e. the multiannual financial framework) and the amended Internal Agreement make use of the abbreviation *EIB.* 

The Economic Partnership Agreements, for which the Cotonou Agreement had laid the foundation and which were already in the process of being negotiated at the time of the 2005 revision, are now referred to as *EP As.* This abbreviation, however, is only used in the new Financial Protocol, which includes the EU Declaration on EP As. The area of economic and trade cooperation and hence the Economic Partnership Agreements *per se* are not subject to the review process that takes place every five years. Even so, the Community uses the opportunity of the 2005 revision to reaffirm the role of EP As as instruments of development and the significance of regional integration in order to tap the full potential of EP As. In the EU Declaration on EP As the Commission states its intention to take the financial needs arising from the implementation of EP As into consideration both in the end-of-term review of the 9th EDF and in the programming of the resources from the 10th EDF (European Communities 2006a: Declaration 1).

The abbreviation *OPCW,* which stands for *Organisation for the Prohibition of Chemical Weapons,* is used in connection with a provision which was added to the Cotonou Agreement in the 2005 revision. According to Article llb, the contracting parties commit themselves to cooperation in

"countering the proliferation of weapons of mass destruction [ ... ) through full compliance with and national implementation of their existing obligations under international disarmament and non-proliferation treaties and agreements and other relevant international obligations" (European Communities 2005a: Article llb).

Such cooperation includes the signing, ratification and implementation of all relevant international instruments as well as establishing national export control systems and monitoring the export and transit of goods that are related to weapons of mass destruction. What is more, cooperation in this area is now considered one of the so-called *essential elements* of the Agreement. As a consequence, the non-proliferation of weapons of mass destruction is included in the political dialogue between the ACP States and the Community. Judith Kast-Aigner - 978-3-631-75372-9 Furthermore, if a party is considered to have failed to fulfil its obligations in this respect - taking all relevant information from the IAEA and the OPCW into account - the matter will, except in cases of special urgency, be subject to consultation. In fact, the consultation procedure is similar to the procedures concerning human rights, democratic principles, the rule of law and good governance and may either lead to a solution that is acceptable to both parties or to the other party taking appropriate measures (2005a: Article I lb).

In view of the September 11 attacks, the revised Cotonou Agreement includes another new area of cooperation. The contracting parties agree to fight terrorism by means of international cooperation, which includes the exchange of information on terrorist groups and networks as well as an exchange of views on the means of preventing and countering terrorist acts (European Communities 2005a: Article I la). However, the provisions on cooperation both in countering the proliferation of weapons of mass destruction and in the fight against terrorism did not enter into force immediately, but were subject to a prior Decision of the Council of the European Union, which was only issued three years later94• Furthermore, financial and technical assistance in both areas of cooperation is not provided via the European Development Fund, but "will be financed by specific instruments other than those intended for the financing of the ACP-EC Cooperation" (European Communities 2006b: Article 10).

The new key words *committed* and *decommitted* are used in connection with the use of financial resources from the new - the 10th - EDF and from previous EDFs. Funds committed to a certain project must be used to this end. Likewise, if funds are decommitted from projects, they are, for various reasons, withdrawn and no longer used for this purpose. In the new Financial Protocol, the contracting parties agree that after 2007, balances from the 9th EDF or from previous EDFs as well as funds decommitted from projects under these EDFs should no longer be committed (European Communities 2006a: Annex Ib). According to the Community Declaration on decommitted funds, the Council of the EU intends to decide on the use of these funds at a later point in time, taking into consideration the 2010 performance review and the ACP States' financing needs resulting from the implementation of the EPAs

<sup>94</sup> Council Decision No 2008/373 of 28 April 2008 concerning the conclusion of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000

(2006a: Declaration 2). According to the revised Internal Agreement, however, these rules do not apply to funds committed under the 9th EDF to finance the Investment Facility and funds decommitted from Stabex under the EDFs prior to the 9th EDF. While the former are transferred to the 10th EDF and managed in accordance with the implementation procedures for the 10th EDF, the latter are to be transferred to the ACP States' respective national indicative programmes (European Communities 2006b: Article 1). The resources of the 10th EDF, which covers the period 2008 to 2013, are not supposed to be committed after 31 December 2013 (2006b: Article 1).

In 2004, eight Central and Eastern European countries together with Cyprus and Malta joined the European Union. The accession of two more countries, Bulgaria and Romania, was expected to take place in the foreseeable future95• Consequently, the new Internal Agreement provided for adjustments of the Member States' contributions to the 10th European Development Fund under the multiannual financial framework (European Communities 2006b: Article 1) as well as the weightings of their votes in the EDF Committee (2006b: Article 8). In fact, the Internal Agreement included a preliminary breakdown of the financial contributions and the weighting of the votes respectively, taking the ten new members into account. In addition, it made provisions for the accession of Bulgaria and Romania, stipulating their future financial contributions (2006b: Article 1) and the weighting of their votes in the EDF Committee (2006b: Article 8).

Of course, the funds provided to the ACP States by the new EU members are relatively small, with Poland and Malta representing the new Member States with the largest (1.3 per cent) and smallest (0.03 per cent) contributions to the EDF respectively (2006b: Article 1). Likewise, the low weighting of their votes in the EDF Committee reflects the marginal role of the new Member States in ACP-EU cooperation96•

The new key words *unforeseen* and *performance* are used in connection with amendments to the implementation procedures of the Cotonou Partnership Agreement. While the original agreement took account of the "particular difficulties of post-conflict countries" (European Communities 2000a: Annex

<sup>95</sup> Bulgaria and Romania finally joined the EU in 2007.

<sup>96</sup> The weightings of the votes of all 27 Member States add up to 1,004. The votes of the major players, i.e. Germany, France and the United Kingdom, are weighted with 205, 196 and 148 respectively, whereas the total votes of all the new Member States have a weighting of 47 (European Communities 2006b: Article 8). Judith Kast-Aigner - 978-3-631-75372-9

IV Article 3), the 2005 rev1s1on has extended this prov1s10n to "countries dealing with the aftermath of conflict or natural disaster" (European Communities 2005a: Annex IV Article 3). Even outside the regular reviews of the national indicative programmes, the Community is now authorised to increase the resources allocated to a State in case of special needs or exceptional performance (2005a: Annex IV Article 3). In order to clarify this point, the contracting parties have added a joint declaration in which they define special needs as "needs resulting from exceptional or unforeseen circumstances, such as post-crisis situations" and exceptional performance as

"a situation in which, outside the mid-term and end-of-term reviews, a country's allocation is totally committed and additional funding from the national indicative programme can be absorbed against a background of effective poverty-reduction policies and sound financial management" (2005a: Declaration IV).

As to regional programming, the Community may, even outside the midterm and end-of-term reviews, increase a region's resource allocation in order to provide for new needs or in the case of exceptional performance (2005a: Annex IV Article 9). In a further joint declaration, the contracting parties describe new needs as "needs resulting from exceptional or unforeseen circumstances, such as post-crisis situations" (2005a: Annex IV Article 9), which shows that the terms *special needs* and *new needs* have the same meaning, but apply to different geographical concepts, viz. countries and regions respectively. The definition of exceptional performance in a regional context is similar to its national counterpart, but points to different priorities at a regional level, with particular attention paid to the effectiveness of regional integration policies, rather than to poverty-reduction policies (2005a: Declaration V).

In connection with intra-ACP cooperation, which covers operations benefitting many or all ACP States and "transcend[ing] the concept of geographic location", the 2005 revision provides for an increase in the resource allocation if new needs arise (European Communities 2005a: Annex IV Article 12). According to the corresponding joint declaration, new needs are defined as needs arising from exceptional or unforeseen circumstances such as additional commitments under international initiatives (2005a: Declaration VI).

The word *performance* also reveals another innovative feature of the revised Cotonou Agreement, i.e. the extension of the review process to the Investment Facility. The 2005 revision envisages an annual meeting of representatives of the EU Member States, the ACP States, the EIB, the Commission, the Secretariat of the Council of the EU and the ACP Secretariat in order to "discuss the operations, performance and policy questions concerning the Investment Facility" (European Communities 2005a: Annex II Article 6a). Additionally, the overall performance of the Facility is to be reviewed in the framework of the mid-term and end-of-term reviews of the financial protocols, which may result in recommendations on possible improvements concerning its implementation (2005a: Annex II Article 6b).

The new key word *benchmarks* is used in connection with the introduction of more detailed rules for the political dialogue concerning respect for human rights, democratic principles and the rule of law. Due to the lack of clear and uniform guidelines for the assessment of these political elements, the contracting parties intend to "jointly develop and agree specific benchmarks or targets" in this area, which have to be in line with international standards and take into account the special circumstances of the ACP State in question (European Communities 2005a: Annex VII). While these benchmarks represent a mechanism that supports the ACP States in achieving the targets "through the setting of intermediate objectives and timeframes [sic!] for compliance", they also play a central role in consultations under Article 96 of the Agreement, i.e. in case of violations of human rights, democratic principles or the rule of law (2005a: Annex VII).

#### 5.6.2.2. *Word clusters*

The identification of word clusters completes the analysis of the revised Cotonou corpus. Due to the relatively small corpus size, this analysis need not be limited to the key words of the revised Cotonou Agreement but can be based on the complete list of more than 2,000 words. The parameters of the cluster analysis - a cluster size of two to six words and a minimum frequency of five - remain unchanged.

Table 33 presents an overview of the terminological domains of the revised Cotonou Agreement. It shows that the number of domains has been reduced to eight, with an additional group for those word clusters which defy categorisation. Considering the enormous overlap with the results of the Cotonou corpus - sixty per cent of the word clusters of the revised Cotonou corpus represent familiar items from the Cotonou corpus -, the following discussion and the corresponding tables (tables 33.1 to 33.5) focus on the new word clusters. Judith Kast-Aigner - 978-3-631-75372-9


Table 33: Terminological domains in the revised Cotonou corpus

## *Domain* 2 - *Institutions of the Convention I the ACP I the EU*

None of the word clusters included in table 33.1 refer to new institutions. All of them have existed for years and were even mentioned in the Cotonou Agreement, but not often enough to be identified by WordSmith, i.e. less than five times.

Table 33.1: Domain 2 - Institutions of the Convention/ the ACP / the EU\*


• new clusters only

While the Investment Facility Committee was referred to as the *IF Committee* in the 2000 Internal Agreement, the new Agreement generally uses its full name. As with the EDF Committee, the weighting of the voting rights in the Investment Facility Committee has been adjusted to reflect the fact that the EU has grown from 15 to 25 members, with two more members to come (European Communities 2006b: Article 9).

The word cluster *Court of Auditors,* which appears for the first time in the cluster analysis of the revised Cotonou corpus, refers to a body that was already established under the Treaty of Rome. As to its role in ACP-EU cooperation, it is concerned with monitoring the assistance provided via the EDFs, making sure that EDF resources are managed in accordance with the Community's standards of financial conduct, especially the Financial Regulation governing the use of the EDFs (European Communities 2006b: Articles 10 and 11).

The role of the European Parliament in the EU's relationship with the ACP States is probably less influential than its members and the European Commission would like it to be. The fact that funds from the EDFs are not included in the EU budget has historical reasons and is evidence of the longstanding and extraordinary relationship between the Community and the ACP States. The consequences of this unusual situation are a lack of participation of the European Parliament - the EDF is, in contrast to the EU budget, not subject to authorisation by the Parliament - and thus a lack of public legitimacy and transparency. The Commission has been trying to integrate the EDF into the general budget since 1973, but it repeatedly failed due to vehement opposition from the Council (European Union Website 2007c). Despite all this, some steps have been taken to enhance the role of the European Parliament with regard to the EDF. According to the Internal Agreement, it is responsible for giving discharge for the financial management of the EDF to the Commission, albeit on the recommendation of the Council. Furthermore, the European Parliament is to receive the accounts of the EDF, once they have been drawn up and approved by the Commission (European Communities 2006b: Article **11).** 

#### *Domain* **3** - *Political dimension*

The political dimension of ACP-EU cooperation has been further enhanced in the revised Cotonou Agreement. Table 33.2 shows all the word clusters in this domain, since those elements that already existed before the revision have also undergone some changes.



As discussed above97, the political dimension was the most difficult and controversial subject in the negotiations of the 2005 revision. In the area of political dialogue, the central element of the political dimension, the ACP States managed to achieve two minor yet significant changes. First, political dialogue now explicitly includes the ACP Group and the Joint Parliamentary Assembly (European Communities 2005a: Article 8). Second, and more importantly, the contracting parties have added a further objective of political dialogue, namely to prevent "situations arising in which one Party might deem it necessary to have recourse to the consultation procedures envisaged in Articles 96 and 97" (2005a: Article 8). These procedures refer to the consultations conducted as a consequence of alleged violations of the essential elements (Article 96), i.e. human rights, democratic principles and the rule of law, or the fundamental element (Article 97), i.e. good governance. In contrast to the original Cotonou Agreement, which provided for consultations in the case of regular political dialogue failing to achieve any results (European Communities 2000a: Article 96), the revised Agreement requires the contracting parties to initiate political dialogue on the alleged violations first and to exhaust all possible means within this dialogue before resorting to the consultation procedure (European Communities 2005a: Article 8). This point is emphasised and specified in Annex VIl98, according to which the consultation mechanism is only triggered "after exhaustive political dialogue" (2005a: Annex VII Article 1), except in cases of special urgency or "when there is persistent lack of compliance with commitments taken by one of the Parties during an earlier dialogue, or by a failure to engage in dialogue in good faith" (2005a: Annex VII Article 2).

As discussed above99, the fight against terrorism and cooperation in countering the proliferation of weapons of mass destruction represent new areas of cooperation within the political dimension of ACP-EU cooperation (European Communities 2005a: Articles lla and llb). Against strong opposition from the ACP States, cooperation concerning the non-proliferation of weapons of mass destruction has even been made an essential element (2005a: Article llb) and

<sup>97</sup> See Section 5.6

<sup>98</sup> Annex VII is titled *Political Dialogue as regards Human Rights, Democratic Principles and the Rule of Law.* 

<sup>99</sup> See Sections 5.6 and 5.6.2.1 for information on the key words *proliferation, terrorism, destruction* and *countering* Judith Kast-Aigner - 978-3-631-75372-9

thus now enjoys the same status as respect for human rights, democratic principles and the rule of law.

#### *Domain 4* - *Development finance cooperation (general aspects)*

WordSmith identified several new word clusters in the field of development finance cooperation, which are sub-divided into two domains. While domain 4 displays the new multi-word units referring to general issues in this area, domain 5 includes the word clusters used with reference to the implementation of development finance cooperation.

Table 33.3: Domain 4 - Development finance cooperation (general aspects)"


• new clusters only

Although the Cotonou Agreement has been concluded for a period of twenty years, the financial arrangements are to be renewed every five years (European Communities 2000a: Article 95). Thus, the 2005 revision also contained the establishment of a new financial package to cover the subsequent five years of ACP-EU cooperation. In contrast to the previous agreements, which included so-called *financial protocols,* the financial resources committed by the Community to the ACP States for the second five-year period are referred to as the *multiannual financial framework.* As a result of controversies over the EDF within the Community, the EU negotiators were not able to provide the ACP States with exact numbers concerning this framework in the negotiations of the revised Agreement. Although this caused frustration among the ACP negotiators, the contracting parties finally managed to agree on a formula for the calculation of the new EDF which was acceptable for both parties ("EU and ACP partners come to understanding"). In the revised Agreement the Community merely declared its intention to "maintain its aid effort to ACP States at least at the same level as that of the 9th EDF, not including balances" and to take the effects of inflation, growth within the EU as well as EU enlargement into account (European Communities 2005a: Annex Ia). The contracting parties provided for the financing of ACP-EU cooperation during the transitional period in a separate decision by the ACP-Judith Kast-Aigner - 978-3-631-75372-9

EC Council of Ministers, according to which the resources of the 9th EDF and balances from previous EDFs were supposed to be used until the multiannual financial framework entered into force (European Communities 2005b: Preamble). The final decision concerning the multiannual financial framework for the period 2008-2013 was taken about a year later, as specified in another decision of the ACP-EC Council of Ministers (European Communities 2006a: Annex lb).

The remaining two items in table 33.3 do not provide any new insights, but represent good examples of the somewhat strange language occasionally used by the Community in its official texts. The expression *Fund resources* was used first in Yaounde I and appeared a few times in Lome IV, Lome IV *bis* and Cotonou. While its use seems extremely random, it can be considered a synonym of the expressions *EDF resources, resources of the Fund* and *the Fund's resources.* 

Interest rate subsidies have existed since Lome IV, but never before have they been referred to as *interestrate subsidies.* The odd spelling appears only in the decision of the ACP-EC Council of Ministers specifying the multiannual financial framework for the period 2008 to 2013, whereas in the actual revision of the Cotonou Agreement and in the new Internal Agreement the familiar terms, viz. *interest rate subsidies* and *interest subsidies,* are used.

#### *Domain 5* - *Development finance cooperation (implementation)*

The word clusters shown in table 33.4 refer to the procedures followed in the implementation of development finance cooperation.


Table 33.4: Domain 5 - Development finance cooperation (implementation)"

• new clusters only

The main changes in this area have been applied to the rules concerning competition and preferences, which are now listed under the heading of *implementation,* covering, among other things, the awarding of procurement Judith Kast-Aigner - 978-3-631-75372-9 contracts and grants (European Communities 2005a: Annex IV Article 19a). The 2005 revision even provides definitions of the terms *procurement contracts*  and *grants,* according to which the former is used for

"contracts for pecuniary interest concluded in writing in order to obtain, against payment of a price, the supply of movable assets, the execution of works or the provision of services" (2005a: Annex IV Article 19a),

The latter refers to "direct financial contributions awarded by way of a donation" in order to fund activities aimed at achieving an objective of the Cotonou Agreement or programmes carried out in accordance with the Agreement, or to finance the functioning of a body that aims to achieve such an objective (2005a: Annex IV Article 19a). The key change has to do with the rules concerning participation in invitations to tender or, using the Community's terminology, the *procedures for the awarding of procurement contracts or grants financed from the Fund.* Whereas under the Cotonou Agreement natural persons and some - explicitly listed - legal persons were eligible for participation in the tender procedures, the respective article in the revised Agreement is more comprehensive, as it allows the participation of "all natural and legal persons from ACP States and Member States of the Community" (2005a: Annex IV Article 20). Furthermore, not only are international organisations explicitly mentioned to be eligible for participation, but the rules for the participation of natural and legal persons from other countries within regional initiatives and operations co-financed by a third state have also been relaxed (2005a: Annex IV Article 20).

As in the past, the European Commission is primarily responsible for the management of EDF resources, which is sometimes referred to as *financial execution.* In order to enhance the role of the National Authorising Officers, the revised Agreement decentralises the financial execution of Fund resources, with the exception of the Investment Facility and interest rate subsidies. Accordingly, the duties and responsibilities involved are delegated to the ACP States and, more precisely, the NAOs (European Communities 2005a: Articles 34 and 35). In fact, the position of the Chief Authorising Officer, who used to be appointed by the Commission in order to manage the Fund's resources on its behalf, has been eliminated. As a consequence, the NAO has to cooperate more closely with the Commission and, as before, with the Head of Delegation (2005: Article 35).

## *Domain* 6 - *Regional cooperation*

Table 33.5 shows the word clusters in the field of regional cooperation. It is not limited to the new items in this domain (i.e. the terms *intra-ACP cooperation*  and *requests for financing),* as the well-established concept of regional cooperation has been considerably modified in the revised Agreement, something worth analysing more closely.

Table 33.5: Domain 6 - Regional cooperation


The amendments that have been incorporated in the area of regional cooperation represent some of the most significant changes of the 2005 revision overall. In a nutshell, the scope of regional cooperation has been extended to include non-ACP developing countries (European Communities 2005a: Article 28). While regional cooperation under the revised Cotonou Agreement still covers operations involving two or more ACP States and/or a regional body with at least two ACP members, the revision also explicitly mentions that non-ACP developing countries are permitted to be involved in these operations (2005a: Annex IV Article 6). Organisations that aim to promote regional cooperation and integration are to be developed and strengthened not only if they are set up by an ACP State, but also if they are set up by other states and include ACP State participation (2005a: Article 29).

The term *intra-ACP cooperation,* which appears in the revised Cotonou corpus five times, was already mentioned in the original Cotonou Agreement, but, as it appeared in the latter only four times, was not identified by WordSmith. As explained above100, the allocation for intra-ACP cooperation can be increased by the Community if the need to increase intra-ACP activities arises (European Communities 2005a: Article 12).

The term *requests for financing* is used in connection with the implementation of regional and intra-ACP programmes. Eligibility for funds is

<sup>100</sup> See Section 5.6.2.1 for information on the key words *unforeseen* and *performance* Judith Kast-Aigner - 978-3-631-75372-9 Downloaded from PubFactory at 01/11/2019 05:47:32AM via free access

less straightforward in regional and intra-ACP programmes than in national programmes and thus requires more detailed rules concerning the bodies that are authorised to issue requests. In the course of strengthening regional cooperation and intra-ACP cooperation, the revised Agreement provides a more detailed definition of the respective bodies, which explains why the term *requests for financing,* which was first used in Lorne III, appears among the new word clusters of the revised Cotonou Agreement.

## 5.7. *The terminology of the Community's development cooperation policy in the Cotonou Partnership Agreement: summary and conclusions*

As pointed out above101, the transition from the Lome Conventions to the Cotonou Partnership Agreement represents more than just a change in the name of the treaty that governs the relations between the Community and the ACP States. In fact, the name change can be considered a symbol of the complete makeover of the ACP-EC relationship, both in terms of philosophy and design (Babarinde and Faber 2005: 2). The connection between the ACP States and the Community has lost its air of uniqueness, as the much acclaimed Lome culture has given way to a less distinctive and more conventional relationship between the two groups of countries.

The launch of a new generation of ACP-EC agreements was triggered by several developments both within the European Community, with the Treaty of Maastricht creating a political union, and in the international arena, most notably with the collapse of communism in Central and Eastern Europe and the phenomenon of globalisation. As a result, the EU's priorities and its approach towards the ACP States changed significantly. On top of that, both the EU and the ACP States were frustrated with the poor results of the Lome Conventions, which had not managed to live up to their promises. In the light of all this, there was no political will for another Lome Convention. The Community wanted to make a fresh start, free from the ghosts of the past. Therefore, even though elements of past Conventions were meant to be maintained, the new Agreement should not be perceived as *Lome V.* 

With regard to conceptual and terminological aspects, several trends that had already been started in the 1980s and 1990s and that had found their way into the language of Lome became even more evident and visible in the Cotonou Agreement. One of these trends is the evolving politicisation of ACP-EC relations, which started rather tentatively but gained momentum, as the analysis of the five Lome corpora has shown. In this area, the Cotonou Agreement built on the schemes of the past, but the contracting parties managed - by launching new initiatives and introducing changes to the existing rules - to take political cooperation to another level. The key words *dialogue, governance* and *corruption* as well as the word clusters *political dialogue,* 

<sup>101</sup> See Section 5.6

*human rights, good governance* and *essential elements* are just some examples of the language used in this respect. The Community used the 2005 revision of the Cotonou Agreement to push its idea of a sound political environment even further. Initiatives such as the fight against terrorism and international crime as well as cooperation in countering the proliferation of weapons of mass destruction have found their way into the language of Cotonou, as reflected, *inter alia,* in the key words *terrorism, proliferation* and *countering* and the word cluster *weapons of mass destruction.* 

Another trend already observable during the Lome regime but accentuated under Cotonou is the increasing incorporation of elements and ideas of multilateral organisations into the texts governing ACP-EC relations. This trend goes hand in hand with globalisation, which has changed the framework of ACP-EC cooperation and required adjustments to the contracting parties' thinking along with alterations to their overall approaches and strategies. The key status of the words *WTO, CATS, global, liberalisation* and *donors* as well as the word clusters *WTO rules, international organisations* and *international fora* are cases in point. International organisations, in particular the World Trade Organisation, have had an enormous influence on some of the main elements of ACP-EC cooperation. In fact, the EU's ambition to establish a trade regime that conforms to the rules of the WTO can be seen as the main driver of the Economic Partnership Agreements, the negotiations of which have undoubtedly damaged the relationship between the ACP States and the EU. Furthermore, the international community is increasingly aware that certain global issues, e.g. terrorism and environmental pollution, call for global responses, which may explain the influence and involvement of international organisations in ACP-EC cooperation.

The trend towards liberalisation is not restricted to the area of trade, as the Cotonou Agreement adopts a participatory approach, opening up to and bringing in a variety of new actors. Alongside the strengthening of the political dimension and the new trade regime, the involvement of non-state actors represents another key innovation of the Cotonou Agreement. Several key words, e.g. *participatory, decentralisation* and *stakeholders,* and word clusters, e.g. *non-state actors, private sector* and *civil society,* are evidence of the significant importance and influence of "outside" actors in the relationship between the Community and the ACP States.

The introduction of an aid system that not only takes the needs but also the performance of the developing countries into account fits in with the debate about governance and the modernisation and rationalisation of the Judith Kast-Aigner - 978-3-631-75372-9

ACP States' institutional structures and procedures. As the amount of financial resources provided to each country now depends on the latter's financial conduct, the achievement of its goals and the implementation of institutional and macroeconomic reforms, the Cotonou Agreement has also installed a system for the careful planning and monitoring of each ACP State's activities and an assessment of the results achieved. While the Lome Conventions had already integrated certain elements of monitoring and evaluation, the Cotonou Agreement introduced a fully-fledged review system that eclipsed its predecessor. At the terminological level, the corpus analysis reveals numerous words and multi-word units that are used to express the above-mentioned ideas and concepts. The words *reviews* and *review* are among the most important new key words and also form part of the new word clusters *review process, mid-term and end-of-term reviews, operational review* and *review of the indicative programme.* Together with the terminological units *evaluation(s), monitoring, monitoring and evaluation* and *focal sector,* which had already appeared in the Lome Conventions, this area is particularly rich in key words and word clusters.

The EU's taste for short forms has grown, as the occurrence of several new abbreviations and acronyms shows. The Cotonou Agreement includes the abbreviations CSS for *Country Support Strategy, RSS* for *Regional Support Strategy, COE* for *Centre for the Development of Enterprise, LDCs* for *Least Developed Countries* and *LDLICs* for *Least Developed, Landlocked and Island Countries.* Furthermore, it frequently refers to the European Union, the World Trade Organisation and the General Agreement on Trade in Services as *EU, WTO* and *CATS* respectively. In the revised Cotonou Agreement the abbreviations *EIB* for *European Investment Bank, EP As* for *Economic Partnership Agreements* and *OPCW* for the *Organisation for the Prohibition of Chemical Weapons* are introduced.

Other short forms such as the acronyms *ST ABEX* and *SYSMIN* have disappeared from the language used by the Community, not so much because they have been replaced with the terms *stabilisation of export earnings* and *system for mineral products,* but rather because the respective concepts are no longer given the same attention they received under Lome. They are now dealt with under the heading of *financing for short-term fluctuations in export earnings*  and in fact have faded into obscurity under Cotonou. Like the short forms mentioned above, further words in this area that had key word status in the Lome corpora, viz. *stabilization102* and *transfers,* hardly appear at all in the Cotonou Agreement and its revision.

The comparison of the Cotonou and Lome corpora reveals that other, once significant concepts have been abandoned. Not only do the words *industrial, industries* and *industry* no longer represent key words under Cotonou, but the word cluster *industrial cooperation,* referring to a form of cooperation that had been central to ACP-EC cooperation since 1975, also no longer appears in the Cotonou corpora. Other significant items that vanished under thin air under Cotonou include *energy, food* and *self-sufficiency.* 

The fact that industrial cooperation and agricultural cooperation are no longer dealt with in the Cotonou Agreement reflects a clear shift in the approaches followed by the Community in its development cooperation policy towards the ACP States. While other areas of cooperation have been maintained, some of them have undergone slight terminological changes. The most notable refers to the replacement of the term *trade cooperation* with the broader term *economic and trade cooperation.* Moreover, the term *financial cooperation,* which refers to one of the two main parts of development finance cooperation, has emerged as an independent term.

The collocations of the word *development* also provide an insight into the changes in the EU's way of thinking. In addition to the new terms *private sector development* and *institutional development,* which can be considered to reflect the conceptual modifications in ACP-EU cooperation, the Cotonou Agreement also includes the new word clusters *sustainable development, long-term development* and *medium-term development.* While the latter two include explicit references to time, the former considers the time factor implicitly. It seems that the contracting parties now refuse to make do with short-term results and achievements, and instead focus on the longer term, with clear objectives and strategies for the medium term.

One of the buzz words used in the Cotonou Agreement to describe the relationship between the ACP States and the EU is *partnership.* The decision to name the new agreement the *ACP-EC Partnership Agreement* was a deliberate and strategic choice, as this term evokes associations of equality, shared values and responsibilities and a balance of power. It is hardly a coincidence that the key elements of the new trade regime, the most contentious issue in the

<sup>102</sup> In Lorne I to IV the term *stabilization* is spelt with the letter "z", whereas in Lorne IV *bis* as well as the original and the revised Cotonou Agreement the spelling *stabilisation,* i.e. with the letter "s", is used.

negotiations between the Community and the ACP States, are referred to as the *Economic Partnership Agreements.* According to Hauck and Land, a partnership represents something more virtuous and fundamental than other forms of relationships such as cooperation (2000: 2). Drawing on research from Mohaddin (1998) and Brinkerhoff (1999), they list trust, respect, ownership, equality in decision-making and mutual influence as the main characteristics of partnerships (Hauck and Land 2000: 2). The question whether or not the relationship between the ACP States and the Community really represents a partnership is difficult to answer. On the one hand, the ACP-EC Partnership Agreement certainly entails some of the aforementioned elements and the Community does not get tired of pointing out that its relations with the ACP States are truly based on partnership. On the other, the day-to-day reality may be different. The negotiations of the Economic Partnership Agreements have once again made it very clear that structural inequalities and asymmetrical power relations cannot simply be overcome by means of words and slogans.

## **6. Summary and conclusions**

The aim of this doctoral thesis has been to describe the terminology created and used by the EU in the field of development cooperation since 1957, and to portray the conceptual and terminological changes in this area over time. Furthermore, it is meant to illustrate how a corpus-based approach can be adopted in a diachronic analysis to identify and explore terms and concepts in a particular field. A corpus-based approach to terminology has been chosen for it offers several advantages over traditional, paper-based approaches. In fact, the idea of looking at terms in a variety of contexts, as is only possibly by using a corpus, assists in gathering information about and developing an understanding of the concepts involved. The analysis of corpora, especially when dealing with long and comprehensive texts, facilitates the identification of terms and the compilation of conceptual descriptions. While the application of WordSmith tools to generate key words and word clusters can be considered standard practice, this analysis is enhanced by the establishment of terminological domains, which represents a useful way of organising and structuring terms. In addition to providing the *status quo* of the EU's terminology in the area of development cooperation, the investigation of corpora from different periods of time permits the identification of changes at a terminological as well as a conceptual level. It also allows the consideration of the historical background and potential ideological forces at work in order to explain the linguistic phenomena.

The EU's development cooperation policy arose from the colonial history of some of its Member States, particularly France. Whereas nowadays the EU is active in virtually every part of the world, the relationship with a group of countries in Africa, the Caribbean and the Pacific was incorporated into the Treaty of Rome, signed in 1957. The EU's close ties with these states were maintained via several Conventions, viz. two Yaounde Conventions in the 1960s and four Lome Conventions in the 1970s and 1980s, and are currently enshrined in the Cotonou Partnership Agreement, which was signed in 2000. The official texts, protocols and declarations produced in the meetings between the EU and the developing countries have been used to compile ten corpora, each of which represents a particular stage in the relationship between the two groups of countries.

The analysis of these corpora shows that the language used by the Community in the early stages of its development cooperation policy was influenced by its colonial past. The African States were bound to the Community in the form of an Association and were referred to as the *Associated States,* as if they did not have an identity of their own. The provisions of the Treaty of Rome and the Yaounde Conventions governed two areas, namely trade and aid, which have been at the core of the EU's development cooperation policy ever since. Apart from the terms *technical cooperation, financial and technical cooperation* and *European Development Fund,* all of which were coined in Yaounde, the terminology used in these domains at that time was not particularly distinctive or sophisticated.

The Lome Conventions represented a clear break with the past. The former colonies of the EU Member States had gained independence and established the ACP Group, representing the developing countries' counterpart to the EU. The areas of cooperation were expanded and the Conventions provided new and innovative aid instruments such as STABEX and SYSMIN. Furthermore, the rules in the area of trade were changed to the ACP States' advantage, which raised hope and confidence among these States. The terminology used in the Lome Conventions reflects the increase in the level of sophistication and detail in the new framework of ACP-EC cooperation. With cooperation spreading to ever more areas and subjects, the language became more distinctive and multi-faceted. As a consequence, the analysis of the Lome corpora yielded not only more but also more meaningful results. Fuelled by the evolving politicisation of the European Economic Community and the creation of the European Union, ACP-EC cooperation was increasingly extended to include political elements. This is reflected in the language used in Lome IV and Lome IV *bis,* which include the terms *human rights, rule of law* and *political dialogue.* The influence of multilateral institutions, in particular the IMF, increased the trend towards aid conditionality. In order to receive financial resources, the ACP States were obliged to implement reform programmes, which had to meet with the approval of the EU or the IMF. The terms *structural adjustment support, support programmes* and *adjustment programmes*  were introduced in this context.

Pressures from within the EU as well as outside events and developments led to a major overhaul of ACP-EC cooperation and the end of the Lome era. A new agreement was signed in Cotonou in 2000, referred to as the *ACP-EC Partnership Agreement.* The idea of partnership is, in fact, the main theme of the Cotonou Agreement. Its key elements are political dialogue, development cooperation and economic and trade cooperation, which, in terms of key words, word clusters and terminological domains, account for a considerable part of the terminology used. However, one of the key changes in the area of Judith Kast-Aigner - 978-3-631-75372-9

trade, namely the conclusion of so-called *Economic Partnership Agreements,*  suggests that the relationship between the ACP States and the EU might, after all, not be based on partnership at all. Furthermore, the aid system has been changed in that the ACP States' performance is now a key criterion for determining the financial resources that are allocated to them, with the terms *review(s), evaluation(s)* and *monitoring* providing evidence of this new form of aid conditionality.

Over the last fifty years, the European Community and the ACP States have tried to build up various forms of cooperation and to foster development in several areas. While the word *cooperation* was not even mentioned in the Treaty of Rome, the Yaounde Conventions used the term *financial and technical cooperation* to refer to the provision of financial resources and know-how to the ACP States. This term was maintained for twenty years and was only replaced with the term *development finance cooperation* in Lome IV. The term *technical cooperation,* which refers to one of the two main elements of development finance cooperation, has always existed and still exists as an independent term, unlike the term *financial cooperation,* referring to the second element, which has only recently been established as an independent term in the Cotonou Agreement. The word clusters *development cooperation* and *ACP-EEC cooperation* (later: *ACP-EC cooperation),* two very general terms used to describe the countries' joint efforts, were only coined in the Third Lome Convention in 1984. The terms *industrial cooperation* and *agricultural cooperation* refer to concepts introduced in Lome I and Lome III respectively, both of which have been abandoned in the Cotonou Agreement. By contrast, the terms *regional cooperation* and *trade cooperation* refer to concepts which are both still in use, with the latter now subsumed within the term *economic and trade cooperation.* 

As far as the key word *development* is concerned, the corpus analysis shows that the objective of ACP-EC cooperation has always been to promote the economic and social development of the ACP States. This idea has been maintained in the Cotonou Agreement, which includes the terms *economic development, social development* and *economic and social development.* While the Lome Conventions pointed out the importance of industrial development, the latter is no longer mentioned in the Cotonou Agreement. Since Lome III, the contracting parties have clearly emphasised the area of trade, reflected in the terms *trade development* and *development of trade.* Several new forms of development appear in the Cotonou Agreement, as illustrated by the use of terms such as *institutional development, private sector development* and *sustainable development.* Judith Kast-Aigner - 978-3-631-75372-9

This research has shown that the language used in the texts governing the relations between the European Union and the ACP Group has been undergoing continuous change. It has been shaped by events and developments taking place within the two groups of countries involved as well as by external forces. ACP-EC cooperation will be subject to further changes, as the second revision of the Cotonou Agreement is already under way and a third revision may be expected in 2015. Eventually, Cotonou will be followed by a new agreement, which may or may not continue the tradition of its predecessor. While the results of the revisions and the future generation of ACP-EC agreements will again depend on innumerable internal and external factors, it is safe to say that changes will once more be effected, both in terms of concepts and language.

## 7. **Bibliography**


*Naumann-Foundation in Brussels, 3-11 March 1990.* Baden-Baden: Nomos Verlagsgesellschaft, 91-104.


publications/briefing/edc/edc\_bp\_political\_partnerships.pdf. Accessed on 3 August 2007.


*Volume* 2 *(2001): Application-Oriented Terminology Management.* Amsterdam and Philadelphia: John Benjamins Publishing Company.


#### **Interviews:**

Frisch, Dieter (Special Adviser and Former Director General for Development at the European Commission). Personal interview, 4 September 2008.

#### **Appendix**

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#### **Forschungsergebnisse der Wirtschaftsuniversitiit Wien**

Herausgeber: Wirtschaftsuniversitat Wien vertreten durch a.o. Univ. Prof. Dr. Barbara Sporn

#### INFOS UNO KONTAKT:

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