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Developments in EU External Relations Law

Edited by Marise Cremona

Oxford University Press, 2008

 

Develpments in EU External Relations LawExternal relations is currently among the most dynamic areas of EU law, its institutional structures profoundly affected by the Lisbon Treaty.

This volume gathers leading analysts to assess core recent developments in the field, taking stock of the current law and potential developments in major policy areas.

The volume opens with an assessment of a central concept at the heart of EU external relations, underpinning its international identity.

Christophe Hillion analyses the legal principles which ensure coherence between different strands of the EU's external activity, and the contribution of law to the consistency of the EU's international presence.

Frank Hoffmeister turns the focus outwards to the interaction between the EU and the international legal order - the legal basis for the EU's activity in shaping international law and the EU's contribution to 'state practice'.

These opening chapters develop a picture of the EU's active international participation as well as the characteristic structural complexity of its external relations, and against this background the remainder of the book examines key policy areas of EU external action.

Lorand Bartels analyses the relationship between trade policy and development; Markus Krajewski discusses trade in services and the link between external and internal policy issues; and Nathalie Tocci assesses the EU's contribution to conflict resolution, an important focus of the Common Foreign and Security Policy.

The complex policy picture that emerges from the different goals, values and instruments across these areas is examined in the book's final chapter which focuses on the European Neighbourhood Policy, frequently proclaimed as a strategic priority for the EU.  

Together, the essays present a clear picture of the complex development of EU external relations, of the struggle for coherence in the increasingly active, visible and self-conscious role played by the EU as a participant in the international legal order.  

 

Table of Contents


 

1. Introduction
Marise Cremona 

2. Tous pour un, un pour tous! Coherence in the External Relations of the European Union
Christophe Hillion

1. Introduction

2. Defining Coherence in the Context of EU Primary Law

- The Ambiguity of the Notion of Coherence

- The Multifarious Dimensions of Coherence in EU External Relations

3. Coherence as a Function of other EU Legal Principles

- Negative Coherence: Absence of Contradictions in the External Activities of the Union

- Achieving Positive Coherence: The Principle of Cooperation

4. Conclusion

 

3. The Contribution of EU Practice to International Law
Frank Hoffmeister

1. Introduction

2. The EU as an Actor under International Law

- The Notion ‘European Union’

- External Powers

- Internal Coordination and External Representation

- Conclusions

3. The EU’s Contribution to General International Law

- Sources of International Law

- Subjects of International Law

- Jurisdiction

- Responsibility, Dispute Settlement, and Enforcement of International Law

- Conclusion

4. The EU’s Contribution to Particular Branches of International Law

- Jus contra bellum, ius in bello, and the Law of Disarmament

- The International Law Framework for the Fight against Terrorism

- International Human Rights and Criminal Law

- International Economic Development and Environmental Law

- Conclusion

5. Closing Remarks

 

 

4. The Trade and Development Policy of the European Union
Lorand Bartels

1. Introduction

2. Origins

- The French Union

- The Treaty of Rome

- The Yaoundé Conventions

- Reciprocity

- The EDF and Trade

3. International Reactions

- Comparable Arrangements

- GATT Reviews

- The Principle of Non-reciprocity

4. The Community Response

- The Lomé Conventions and Cotonou Agreement

- Generalized System of Preferences

- Regional Trade Agreements

- Under-utilization of Preferences: Rules of Origin

5. Post-Cotonou Trading Arrangements

- Economic Partnership Agreements

- Alternatives to EPAs

6. Conclusion

 

 

5. Of Modes and Sectors: External Relations, Internal Debates, and the Special Case of (Trade in) Services 
Markus Krajewski

1. Introduction

2. Political Economy of Services Trade and Services Liberalization

3. Conceptualizing Trade in Services from a Legal Perspective

- In Foro Externo

- In Foro Interno

- Towards a Uniform Concept of Trade in Services?

4. Services and the Common Commercial Policy

- Express Powers

- Implied Powers

5. Public Services and External Trade Law

- What are Public Services?

- Scope of Agreements on Trade in Services

- Specific Commitments

- An All-inclusive, but Flexible Approach - if Used Wisely

6. Conclusion

 

 

 

 

6. Comparing the EU’s Role in Neighbourhood Conflicts
Nathalie Tocci

1. Introduction

2. An Analytical Framework to Assess the EU’s Role in Conflict Resolution

- EU Channels of Influence through Contractual Relations

- Understanding the Effectiveness of the EU’s Role in Conflict Resolution

3. The EU’s Impact on Conflict Resolution

4. Comparing the Effectiveness of EU Contractual Relations in Promoting Peace in the Neighbourhood

- The Value of EU Contractual Relations

- The Credibility of EU Obligations

- The Political Management of EU Contractual Relations

5. Concluding Remarks

 

 

 

7. The European Neighbourhood Policy: More than a Partnership?
Marise Cremona

1. What is the ENP?

- Introduction

- The Genesis of the ENP

- Unpacking the Concept

- Objectives

2. Instruments and Methodologies

- Instruments

- Methodologies

3. The Future of the ENP

- A Failure or a Win-Win Policy?

- ‘Greater Coherence, Effectiveness and Visibility’ for EU External Action?

 

 

 

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