Suchergebnisse

Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, Joris Larik confronts the trend of enshrining international ambitions in the highest laws of states and the European Union. Closely examining the provisions of foreign policy objectives, Larik differentiates their legal force and functions, situating them into the overall legal order of the state, the EU, and the composite 'European constitutional space'. He argues that the codification of foreign policy objectives suggests a progression in the evolution of the role of the constitution: from limiting public authority to guiding it towards certain goals, both at home and in the wider world

Intro -- Preface: The Evolving Nature of EU External Relations Law -- Contents -- Contributors -- Part IThe EU as Exporter of Rules and Standards -- 1 The Value of the EU International Values -- 1.1 Introductory Remarks: Values, Principles, Objectives or Interests? -- 1.2 Some Thoughts on the Nature and Effect of the EU International Values -- 1.3 Rhetorical Device or Interpretive Effect? -- 1.4 The Impact of International Principles and Values on the System of Competences -- 1.4.1 The No-Effect Approach -- 1.4.2 The Holistic Approach -- 1.5 The Role of Article 40 TEU -- 1.6 Conclusions: Beyond the Holistic Approach -- References -- 2 New Approaches in the Promotion of EU Standards -- 2.1 Introduction -- 2.2 Economic Motivation for Regulatory Convergence for the EU -- 2.2.1 The Risks of Regulatory Divergence -- 2.2.2 The Gains from Regulatory Convergence -- 2.3 Regulatory Convergence in New EU FTAs Lagging Behind Expectations -- 2.3.1 Patterns Relying on Political Influence and Economic Strength -- 2.3.2 Diminishing Influence with Increasing Distance -- 2.4 Trade-Offs Between Types of Convergence Efforts -- 2.4.1 Overcoming Divergent Regulatory Influence Through AfT and SDGs -- 2.5 Conclusion -- References -- 3 Shaping EU External Relations Beyond Treaty-Making: The Scope of Extraterritorial EU Legislation and Its Enforcement Challenges -- 3.1 Introduction -- 3.2 The Development of EU Extraterritorial Legislation -- 3.2.1 Diversification of European Acts with Extraterritorial Scope -- 3.2.2 Effects Stemming from the Extraterritorial Scope of European Union Acts -- 3.3 The Territorial Implementation of EU Extraterritorial Legislation -- 3.3.1 The Fundamental Role Granted to Member State Authorities -- 3.3.2 The Marginal Role of the Commission and Private Actors -- 3.4 Conclusion -- References -- 4 CETA: Gold Standard or Greenwashing?.

Intro -- EU External Relations Lawand Policy in the Post-Lisbon Era -- Foreword -- Preface -- Acknowledgments -- Contents -- Contributors -- Abbreviations -- 1 EU External Relations Law and Policy in the Post-Lisbon Era -- 1.1…Introduction -- 1.2…Scope and Objectives of the Book -- 1.3…Overview -- References -- Part I The Common Foreign and Security Policyin the Post-Lisbon Era -- 2 The Latest Attempt at Institutional Engineering: The Treaty of Lisbon and Deliberative Intergovernmentalism in EU Foreign and Security Policy Coordination -- Abstract -- 2.1…Introduction -- 2.2…The Treaty of Lisbon as an Attempt at Institutional Engineering: Conceptual Perspectives -- 2.3…How the Lisbon Treaty Defines CFSP as a Decentralised Governance Set-Up -- 2.4…The New Role of the High Representative -- 2.5…The European Council and CFSP Governance -- 2.6…What Next? The Lisbon Treaty as an Attempt at Institutional Engineering -- References -- 3 European Realism in the EU's Common Foreign and Security Policy -- Abstract -- 3.1…Introduction: What is European Foreign Policy? -- 3.1.1 The Two-Track Character of the EU's Foreign Policy -- 3.1.2 From Idealism to Pragmatism -- 3.2…The State of the Debate -- 3.2.1 Supranational Institutionalism -- 3.2.2 Supranational Idealism -- 3.2.3 Liberal Intergovernmentalism -- 3.3…Bringing Realism Back in Practice -- 3.3.1 Interests: National Security and Governmental Autonomy -- 3.3.2 Ideas: The EU in the Service of National Interests -- 3.3.3 Institutions: Made by States and for States -- 3.4…Conclusion -- References -- 4 Between Legalisation and Organisational Development: Explaining the Evolution of EU Competence in the Field of Foreign Policy -- Abstract -- 4.1…Introduction -- 4.2…A Framework for Analysis -- 4.2.1 The Promise of New Institutionalism -- 4.2.2 Institutions, Rules, Organisations.

Intro -- Preface -- Contents -- Abbreviations -- Chapter 1: Introduction -- Constructivism, Supranationalism and the CFSP -- Rules, Norms and Socialization -- Europeanization and the CFSP -- Explaining the Institutionalisation of Cooperation in the CFSP -- 'The Nation-State Is Still Here'-Why the National Still Matters in CFSP -- Policy Coordination -- Europeanisation and 'Uploading' -- The Continuing Challenge of the Capabilities-Expectations Gap -- Socialisation in the Council -- How Member States Engage with the CFSP -- The Development and Institutions of the Common Foreign and Security Policy -- Structure and Organisation of the Book -- A Note on Sources -- Bibliography -- Bibliography-Official Documents -- Part I The United Kingdom and the CFSP -- Chapter 2: From Pusillanimous Realism to Defensive Engagement: Britain's Changing Relationship with the CFSP -- Introduction -- British Attitudes to European Foreign Policy Cooperation Since Maastricht: An Elite Consensus -- 'Pusillanimous Realism'-Britain and the CFSP (1991-97) -- 'Pragmatic Vision'-Britain and the CFSP (1997-2007) -- Re-positioning Britain -- Engaging with the World -- 'Defensive Engagement'-Britain and the CFSP (2007-15) -- The Brown Premiership (2007-10) -- The Coalition Government (2010-15) -- Conclusion -- Bibliography -- Bibliography-Official Documents -- Chapter 3: Institutional Structures and Processes: British Foreign Policy-Making and the CFSP -- Introduction -- Political Leadership and Strategic Management -- FCO Structures and Processes -- The European Correspondent and the Political Director -- The Domestic CFSP Stakeholder Network -- 'Mainstreaming' CFSP -- Communication Networks -- UKREP -- Conclusion -- Bibliography -- Bibliography-Official Documents -- Chapter 4: Winding Up the Machine: How the UK Engages with the CFSP -- Introduction.

Cover -- I. Introduction -- II. The ENP as an International Legal Experiment -- 1. The European Union as a Diplomatic Actor -- 2. International Engagement through the ENP -- 3. The .EU's Security-Centered Philosophy of Neighbourly Relations -- III. Primary Law Status of the ENP -- 1. Philosophy of the EU's Peaceful Neighbourhood -- 2. The Mission Behind Article 8 TEU -- 3. Applicability of Article 21 TEU to the European NeighbourhoodPolicy -- 4. Principles of the Post-Lisbon ENP -- 4.1 Consistency in the ENP -- 4.2 Coherence in the ENP -- 5. European Neighbourhood -- 5.1 Identification of the Neighbouring Countries and Eligibility Criteriain the ENP -- 5.2 Understanding of Special Relationship -- 5.3 Understanding of Area of Prosperity and Good Neighbourliness -- IV. Functional Transition of the Union Values to theNeighbourhood and the ENP Normativity in theInternational Context -- 1. Article 2 TEU - Values of the Union -- 2. Value-Based Conditionality of the ENP -- 3. Deriving from the Enlargement Model. Departure from theEnlargement Model -- 3.1 ENP and EU Membership Perspective -- 3.2 Analysing the Principal Differences of the ENP and theEnlargement Policy -- 4. The Acquis Communautaire in the Context of the ENP -- 5. 'Soft Law' Promotion in the ENP Governance -- 5.1 The Logic behind Promotion of 'Soft Law' in the ENP -- 5.2 'Soft Law' Instruments of the ENP -- 6. Value-Based Security Promotion in the ENP -- 6.1 Security-Related Challenges in the ENP -- 6.2 Crisis-Management in the ENP Context -- 6.3 International Criminal Court and the ENP -- V. Post-Lisbon Institutional Reorganisation of the ENP andthe Neighbourhood Agreements -- 1. Post-Lisbon Institutional Organisation of the ENP -- 1.1 The European Council and the European Commission

In this second edition, new case law and legislative developments are critically discussed and previous material updated to reflect new international agreements. Combining key primary legal materials relating to foreign relations powers of the EU with editorial commentary, this book is an ideal resource for students, scholars, and practitioners

European External Action Service: Promoting Coherence through Autonomy and Coordination -- Copyright -- Dedication -- Contents -- Foreword -- Acknowledgements -- Abbreviations -- Introduction -- Part 1: The Conundrum of External Action Coherence: Is the EEAS a Solution? -- Introduction to Part 1: Coherence and Consistency, Enigmatic Leitmotifs of the External Action -- 1 The Principle of External Action Coherence -- I The Systemic Consistency/Coherence of Legal Orders -- 1 The Systemic Consistency of the EU's Legal Order -- 2 Is There a Principle of Systemic Coherence of Legal Orders?

Should Turkey be a member of the EU? The Europeans are divided on this issue, which touches on the whole question of the Union's identity. Germany is one of the major sceptics. However, CDU foreign policy expert Ruprecht Polenz thinks otherwise. He emphasizes that Turkey deserves to be given full membership. Both sides would benefit from this, always assuming that Ankara fulfils the demanding accession criteria. Membership would send a clear signal both to the Turks who live in the EU (and to other Muslim countries) that the European perception of the rule of law, human rights and democracy is wholly compatible with the tenets of Islam. Europe prefers the idea of partnership to a 'clash of civilizations.' And in geostrategic terms Turkish membership would clearly be beneficial for the EU. Ruprecht Polenz is critical of the idea that Turkey should be offered a privileged partnership instead of membership, and convincingly refutes the arguments of those who are opposed to Turkish accession. Ruprecht Polenz is chairman of the Foreign Affairs Committee of the German parliament, the Bundestag, of which he has been a member since 1994. He serves on the Executive Council of the CDU in North Rhine-Westphalia, and on the CDU special committees on foreign and security policy, and media policy. He is a lawyer by profession, and in the field of foreign policy he is interested in the Middle East in general, and in Iran and Turkey in particular. He is also interested in the political dimension of Islam. Polenz has worked in a voluntary capacity for a number of different organizations. Thus he is chairman of the Christian-Muslim Peace Initiative and a member of the Board of Trustees of the Development and Peace Foundation.

M.A.EUR.LEGAL STUDIES ; The aim of this dissertation is to explore the continuum in the development of external competence in the EU vis-à-vis human rights obligations. The connection between the two is not altogether immediate but this work considers the conditions within which implied external competence were developed in light of the present legal and political frameworks. The work also observes, from a thorough examination of the case-law, the activist role played by the CJEU during and after AERT, and the emerging implications for the future of external relations in the EU. The three chapters of the dissertation represent a segment in the development of the EU legal order and explore the overarching question of how human rights and their protection has become an integral part of the European Union and how it can be reconciled with external relations law. This study reflects on the conditions that can enable an increased adherence to the inclusion of human rights in international agreements and considers the limits of those provisions that legitimise the protection of human rights in the EU. All the while, aware that the balance of power between the EU and the Members States must be maintained. In this sense, the examination of the development of implied external competence aligns itself with the reinforcement of a strong external relations law based on consistency and coherence in action and in law, one that is complementary with legal developments and respectful of national autonomy. ; N/A

This edited volume explores the interaction between EU external relations law and private law, examining how the relationship has affected the evolution of the EU's competence, the extent of EU private law's reach beyond the boundaries of an internal market, and how the EU contributes to the formation of private regulation at an international level

Intro -- Acknowledgements -- Table of Contents -- List of Abbreviations -- Table of Cases -- Table of International Treaties and Instruments -- Table of Legislation and Official Documents -- 1. Introduction -- I. Force, Freedom and Formality: Kant's Philosophy of Right -- II. Methodology: Immanent Critique and Private Law Analogies -- III. Outline of the Book -- IV. Conclusion -- 2. Territorial Extension: Power and Authority in the Wider World -- I. The Post-Lisbon Articles -- II. Bartels and the 'Compliance' Interpretation -- III. Legal Effects and the Spatial Scope of EU Law -- IV. Power and Authority: A Subtle Difference -- V. Conclusion -- 3. The 'Missionary' Principle: A False Start -- I. The Sovereign Trusteeship of Humanity -- II. Harms and Wrongs -- III. Blurred Frontiers: Values and Constitutional Objectives -- IV. Conclusion: Dignity as Independence -- 4. Kant's International Legal Order and the Forms of Private Law -- I. Private Right: The Building Blocks of Kant's General Theory of Law -- II. Public Right: The Fiduciary State -- III. International Law: Property and Personality -- IV. Conclusion -- 5. Extraterritorial Jurisdiction to Provide Global Public Goods -- I. Ripstein's Roads -- II. Global Public Goods -- III. Appraising the EU -- IV. Conclusion -- 6. Extraterritorial Human Rights Obligations -- I. Human Rights as Public Fiduciary Rights -- II. Authority and Human Rights Jurisdiction -- III. Territorial Extension and Human Rights Jurisdiction -- IV. Conclusion -- 7. Closing the Courthouse Door: The Standing of Distant Strangers -- I. Standing in EU Law -- II. The EU-Morocco Agreements: Trustees de son tort of Humanity -- III. Polisario and Western Sahara Campaign -- IV. Conclusion -- 8. General Conclusion -- I. Are the EU's Unilateral Assertions of Authority over Distant Strangers Defensible?.