Private Law in the External Relations of the EU

Author: Marise Cremona,Hans-w. Micklitz

Publisher: Oxford University Press

ISBN: 0198744560

Category: Civil law

Page: 350

View: 738

Private Law in the External Relations of the EU is an innovative study of the interactions between EU external relations law and private law, two unrelated fields of law, inverted if private law is understood as regulatory private law - the space where regulatory law intersects with private economic activity. Here the link between the Internal Market and the global market - and thereby international law - is much more prominent. In this book, key questions about the relationship between EU external relations law and private law are answered, including: in what ways might European private law act as a tool to achieve EU external policy objectives, particularly in regulatory fields? How might the quickly developing EU external competence over the procedural dimensions of private law, including private international law, impact on substantive law, both externally and internally? And how is the legal position of private parties affected by EU external relations? In asking these questions, this edited collection opens up a field of enquiry into the so far underexplored relationship between these two fields of law. In doing so, it addresses three different aspects of the relationship: (i) the evolution of the EU competence, (ii) the ways in which EU private law extends its reach beyond the boundaries of the internal market, and (iii) the ways in which the EU contributes to the formation of private regulation at the international level.
Posted in Civil law

The External Dimension of Eu Private International Law After Opinion 1/13

Author: Pietro Franzina

Publisher: Intersentia

ISBN: 9781780684376

Category:

Page: 226

View: 7481

The interest of the EU in international efforts towards the harmonisation of private international law has steadily increased over the years. The EU is already a party to several conventions that lay down uniform rules on jurisdiction, conflicts of laws and the recognition and enforcement of judgments. Additionally, various international instruments dealing with judicial cooperation in civil matters have been ratified by the Member States 'in the interest of the Union', or are now administered by the EU. On different occasions the Court of Justice has expressed its views regarding the scope of the external competence of the Union in the field of private international law, the conditions upon which this competence should be regarded as exclusive and the principles according to which the competence itself should be exercised. In spite of this, the development of the external dimension of EU private international law remains a controversial topic, and different questions still await answers. The essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications. Written by leading legal scholars for academics and practitioners, the book discusses, in particular, the principles stated in the latest intervention of the Court of Justice on this topic, Opinion 1/13, regarding the Union's competence as to the acceptance of the accession of third States to the Hague Convention of 1980 on international child abduction, as well as the implications of the Opinion for the development of the EU's external action and legislation in this area. [Subject: Private Law, EU Law]
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The European UnionÂ?s External Action in Times of Crisis

Author: Piet Eeckhout,Manuel Lopez-Escudero

Publisher: Bloomsbury Publishing

ISBN: 1509900578

Category: Law

Page: 624

View: 6224

The Lisbon Treaty modified the legal framework of EU external action and these innovations must be applied in a period of deep economic and financial crisis interacting with other more specific crises affecting the EU's external activities. This volume investigates the recent institutional and substantive developments in EU external relations law and practice in this context of multiple crises for the EU. The economic and financial crisis has a major impact on EU external action, but other crises too affect this sensitive area of the EU's activity and the book takes them into account. For instance, there is a crisis in the relationship between EU law and international law after the ECJ judgement in the Kadi case. In addition to exploring these questions, the volume also examines questions of legitimacy in fields such as foreign investment protection and arbitration. Representing the output of a powerful research team composed of leading scholars in the field this comprehensive collection will appeal to both an expert and non-expert readership.
Posted in Law

Structural Principles in EU External Relations Law

Author: Marise Cremona

Publisher: Bloomsbury Publishing

ISBN: 1782259953

Category: Law

Page: 336

View: 1347

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.
Posted in Law

Environmental Integration in the EU's External Relations

Beyond Multilateral Dimensions

Author: Gracia Marín Durán,Elisa Morgera

Publisher: Bloomsbury Publishing

ISBN: 184731919X

Category: Law

Page: 380

View: 8254

The book examines the integration of environmental protection requirements into EU external relations focusing on unilateral, bilateral and inter-regional instruments, which have been less explored than the multilateral dimension of EU environmental policy. The book also explores for the first time the complex interplay and mutual influences between EU environmental integration initiatives and environmental multilateralism. On the one hand it identifies the legal and other instruments used by the EU to support the implementation of multilateral environmental agreements in third countries (particularly developing ones). On the other hand, it singles out the legal and other tools employed by the EU as a means to build partnerships with third countries in order to influence ongoing multilateral negotiations concerning the environment and sustainable development, or to contribute to the development of new international environmental norms in the absence of such multilateral negotiations. Ultimately, the book traces the significant evolution of the various tools deployed by the EU to integrate environmental concerns in its external relations, with a view to identifying emerging challenges and future directions.
Posted in Law

Justice, Liberty, Security

New Challenges for EU External Relations

Author: Bernd Martenczuk,Servaas van Thiel

Publisher: ASP / VUBPRESS / UPA

ISBN: 9054874724

Category: Political Science

Page: 525

View: 4398

The European Union is rapidly creating a European space in which citizens can live in Justice, Liberty and Security. This bold push forward in the European integration process touches on three highly sensitive societal subjects: immigration and asylum, civil law, and criminal law. At the same time, work in this area necessarily has an external dimension: we only need to think about asylum and the post September 11 fight against terrorism. Within the European Union, this dynamic development of the external side of justice and home affairs raises challenging issues: friction over the division of competences between the Union and its Member States and between EU institutions; cross-pillar coordination issues; legal and political tensions due to "variable geometry" with numerous "opt-ins" and "opt-outs". In addition, international cooperation brings its own problems: how to explain the internal issues to international partners? How to allow them to become comfortable with an ever more assertive EU role? How to support global governance structures while preserving European human standards? -- Back cover.
Posted in Political Science

EU External Relations Law

Text, Cases and Materials

Author: Bart Van Vooren,Ramses A. Wessel

Publisher: Cambridge University Press

ISBN: 1107031125

Category: Law

Page: 626

View: 1610

"This major new textbook for students in European law uses a text, cases and materials approach to explore the law, politics, policy and practice of EU external relations, and navigates the complex questions at the interface of these areas. The subject is explored by explaining major constitutional principles, and elaborating upon them in policy-specific chapters ranging from common commercial policy and development policy over CFSP/CSDP and AFSJ to energy and enlargement policy. Specific attention is given to the relationship between European integration, the role of law, and the EU as an effective international actor. Designed for easy navigation, chapters include key objectives, summaries and textboxes, which frame key issues and guide the reader through the functioning of legal principles. Students gain a detailed understanding of the historical development, context and present functioning of EU external relations law in a highly politicised European and international environment"--
Posted in Law

EU External Relations and Systems of Governance

The CFSP, Euro-Mediterranean Partnership and Migration

Author: Paul James Cardwell

Publisher: Routledge

ISBN: 1135268479

Category: Law

Page: 264

View: 344

This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond the traditional tools associated with foreign policy. The theoretical approach draws on insights from new institutionalism, constructivism and the institutional theory of law and emphasises how the institutionalised forms of cooperation in the external sphere contribute to a social reality in which the ‘added value’ of the CFSP can be seen. Paul James Cardwell takes the Euro-Mediterranean Partnership (EuroMed) as a case study. Not initially a CFSP project, EuroMed has become the frame for EU foreign policy in the region as an emerging system of governance in which the EU institutions play a central role. Having recently been relaunched as the Barcelona Process: Union for the Mediterranean, it is a topical subject. With the increasing importance of migration on the EU’s agenda, the book looks at the relationship between migration, EuroMed and the CFSP and argues that the legal effects of the CFSP can be felt beyond the Treaty-based instruments. EU External Relations and Systems of Governance will be of interest to students and scholars of Law, Politics and European studies researching in the dynamic fields of EU external relations and foreign policy, as well as policy-makers and non-governmental organisations striving to better understand how the EU and its systems of governance operate.
Posted in Law

European Union Economic Diplomacy

The Role of the EU in External Economic Relations

Author: Dr Stephen Woolcock

Publisher: Ashgate Publishing, Ltd.

ISBN: 140947657X

Category: Political Science

Page: 220

View: 3195

The European Union is a key player in international economic relations, but its exact role and how it goes about making decisions and negotiating is often poorly understood within and especially outside the EU. When does the EU play a proactive role and when does it follow? When is the EU a distinct actor and when is it just one level in a multi- level process of negotiation in which the member states are the main actors? Does the EU possess normative power in external economic relations? Does the EU have the capability and willingness to use its still significant economic power? European Union Economic Diplomacy provides the first comprehensive analysis of the factors that determine the role of the EU in economic diplomacy. In an up-to-date treatment that includes consideration of the impact of the Treaty of Lisbon, it contains a comprehensive explanation of decision making and negotiating processes in the core areas of trade, financial market regulation, environmental diplomacy and development co-operation. The book is intended for those interested in EU policy making, but also those who simply need to understand how the EU functions in the field of economic diplomacy.
Posted in Political Science

EU External Relations Law

Author: Piet Eeckhout

Publisher: Oxford University Press

ISBN: 0199606633

Category: Law

Page: 572

View: 603

Rev. ed. of: External relations of the European Union legal and constitutional foundations / Piet Eeckhout. [1st ed.] 2004.
Posted in Law

EU Foreign Relations Law

Constitutional Fundamentals

Author: Marise Cremona,Bruno de Witte

Publisher: Bloomsbury Publishing

ISBN: 1847314392

Category: Law

Page: 328

View: 3906

This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.
Posted in Law

The European Court of Justice and External Relations Law

Constitutional Challenges

Author: Marise Cremona,Anne Thies

Publisher: Bloomsbury Publishing

ISBN: 184946832X

Category: Law

Page: 314

View: 7424

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Posted in Law

The EU's Role in Global Governance

The Legal Dimension

Author: Bart Van Vooren,Steven Blockmans,Jan Wouters

Publisher: OUP Oxford

ISBN: 0191634735

Category: Law

Page: 384

View: 3095

For years the European Union has been looked on as a potential model for cosmopolitan governance, and enjoyed considerable influence on the global stage. The EU has a uniquely strong and legally binding mission statement to pursue international relations on a multilateral basis, founded on the progressive development of international law. The political vision was for the EU to export its values of the rule of law and sophisticated governance mechanisms to the international sphere. Globalization and the financial crisis have starkly illustrated the limits of this vision, and the EU's dependence on global forces partially beyond the control of traditional provinces of law. This book takes stock of the EU's role in global governance. It asks: to what extent can and does the EU shape and influence the on-going re-ordering of legal processes, principles, and institutions of global governance, in line with its optimistic mission statement? With this ambitious remit it covers the legal-institutional and substantive aspects of global security, trade, environmental, financial, and social governance. Across these topics 23 contributors have taken the central question of the extent of the EU's influence on global governance, providing a broad view across the key areas as well as a detailed analysis of each. Through comparison and direct engagement with each other, the different chapters provide a distinctive contribution to legal scholarship on global governance, from a European perspective.
Posted in Law

Research Handbook on the Law of the EU’s Internal Market

Author: Panos Koutrakos,Jukka Snell

Publisher: Edward Elgar Publishing

ISBN: 1783478101

Category:

Page: 560

View: 3524

While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.
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The EU, World Trade Law and the Right to Food

Rethinking Free Trade Agreements with Developing Countries

Author: Giovanni Gruni

Publisher: Bloomsbury Publishing

ISBN: 1509916229

Category: Law

Page: 224

View: 9233

In recent years the European Union has developed a comprehensive strategy to conclude free trade agreements which includes not only prominent trade partners such as Canada, the United States and Japan but also numerous developing countries. This book looks at the existing WTO law and at the new EU free trade agreements with the Caribbean and sub-Saharan Africa through the lens of the human right to adequate food. It shows how the clauses on the import and export of food included in recent free trade agreements limit the capacity of these countries to implement food security policies and to respect their human rights obligations. This outcome appears to be at odds with international human rights law and dismissive of existing human rights references in EU-founding treaties as well as in treaties between the EU and developing states. Yet, the book argues against the conception in human rights literature that there is an inflexible agenda encoded in world trade law which is fundamentally conflictual with non-economic interests. The book puts forward the idea that the European Union is perfectly placed to develop a narrative of globalisation considering other areas of public international law when negotiating trade agreements and argues that the EU does have the competences and influence to uphold a role of international leadership in designing a sustainable global trading system. Will the EU be ambitious enough? A timely contribution to the growing academic literature on the relation between world trade law and international human rights law, this book imagines a central role for the EU in reconciling these two areas of international law.
Posted in Law

Legal Dynamics of EU External Relations

Dissecting a Layered Global Player

Author: Henri de Waele

Publisher: Springer

ISBN: 3662548178

Category: Law

Page: 199

View: 3210

This book offers a concise yet comprehensive review of the principles of EU external relations law. By carefully examining the role of the Union on the global scene, it provides a systematic overview of the relevant rules and competences, reflecting on the legal developments in their political and societal context. In addition to up-to-date analyses of, inter alia, the Common Foreign and Security Policy, the Common Security and Defence Policy and the Common Commercial Policy, it highlights the EU's external powers with regard to the environment, fundamental rights and development cooperation. Moreover, it includes dedicated chapters exploring the relations with neighbouring countries, and explaining the complex interplay between rules of domestic, European and international provenance. The second edition of this established text (the first edition was published under the title Layered Global Player in 2011) has been geared even more specifically towards students, for example through the inclusion of chapter overviews, clarifying boxes, and supplementary examples, while a meticulous review of the narrative has further enhanced its accessibility. As before, the book’s compact dimensions, transparent structure and engaging style of writing enable readers to master the main features of this gripping field of law with ease. It thus remains an invaluable resource for students and lecturers alike.
Posted in Law

European Yearbook of International Economic Law 2017

Author: Marc Bungenberg,Markus Krajewski,Christian Tams,Jörg Philipp Terhechte,Andreas R. Ziegler

Publisher: Springer

ISBN: 331958832X

Category: Law

Page: 649

View: 3121

Volume 8 of the EYIEL focuses on the external economic relations of the European Union as one of the most dynamic political fields in the process of European integration. The first part of this volume analyses the recent controversial questions of the external economic relations of the Union, dealing with the complexity of mixed agreements, transparency and legitimacy issues as well as recent proposals in relation to Investor-State-Dispute Settlement, the Trade Defence Instruments and the implications of the “Brexit” in this context. The second part of EYIEL 8 addresses ongoing bilateral and multilateral negotiations of the EU with China, Japan, Australia, Canada and Taiwan. Moreover, the third part deals with the EU in international organisations and institutions, in particular the recent institutional aspects of the EU-UN relationship, representation in the IMF as well as WTO jurisprudence involving the EU in 2015. The volume concludes with reviews of recent books in international economic law.
Posted in Law

An Ever More Powerful Court?

The Political Constraints of Legal Integration in the European Union

Author: Dorte Sindbjerg Martinsen

Publisher: OUP Oxford

ISBN: 0191067695

Category: Law

Page: 330

View: 6103

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
Posted in Law

Routledge Handbook on the European Union and International Institutions

Performance, Policy, Power

Author: Knud Erik Jørgensen,Katie Verlin Laatikainen

Publisher: Routledge

ISBN: 0415539463

Category: Political Science

Page: 491

View: 4793

While the EU has championed "effective multilateralism" and experienced a dramatic internal reform process to improve its performance in external relations, broader multilateral processes have also undergone dramatic change. This handbook addresses the increasingly contested issue of profound political importance: Europe's presence in multilateral institutions. It assesses both the evolving role of Europe in international institutions, and the transformations in international institutions themselves. Acknowledging that the category of international institutions comprises a highly diverse field of multilateral engagements this handbook presents a state of the art approach that analyzes both what we have learned about the EU and international institutions as well as identifying promising avenues for further research. The handbook is divided into six parts: Part I examines the EU's diplomatic and legal personality in international relations that constitutes the internal foundation for the EU's engagement with international institutions. Part II assesses how EU multilateralism intersects with other international institutions and provides a means to assess the performance of international institutions as well as the EU itself in multilateral processes. Part III focuses on the EU's participation with key institutions within the general UN system, such as the UN Security Council and the Human Rights Council as well as specific policy domains such as human rights across UN institutions. Part IV focuses on EU relations with wide range of international organizations in a variety of fields, from organizations in economic and security realms to environmental institutions and specialized agencies. Part V focuses on the EU's engagement in a broad spectrum of issue-specific international agreements and international regimes, addressing issues such as non-proliferation of WMDs, climate change, information technology, and the emerging Gx-system (G7, G8, G20 etc). Part VI examines broader contextual factors that influence the relationship between the EU and international institutions, including the evolution of multilateralism, the trans-Atlantic relationship, global norms and the emergence of multipolarity. This comprehensive volume brings together scholars and practitioners to summarize and synthesize existing knowledge in the field. It will be of great interest to students and scholars of European politics, the EU's external relations, international relations, international organizations and international political economy.
Posted in Political Science

Essentials of EU Law

Author: August Reinisch

Publisher: Cambridge University Press

ISBN: 1107025664

Category: Law

Page: 281

View: 5295

Rev. ed. of: Essential questions in EU law. c2009.
Posted in Law