Eu International Relations Law

by Koutrakos, Panos

• ISBN13: 9781841133119
• ISBN10: 1841133116
• Format: Paperback
• Copyright: 2006-07-01
• Publisher: Hart Pub Ltd

Summary

In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.

Author Biography

Panos Koutrakos is Professor of Law at the University of Durham.

Table of Contents

Table of Cases	xvii
Table of Legislation	xxix
Introduction	1	(4)
Part I: The Regulation of EC International Relations	5	(130)
Express Powers---Theory and Practice of Exclusivity in Common Commercial Policy	7	(26)
Introduction	7	(2)
Express Competence in Primary Law	9	(2)
Common Commercial Policy	11	(2)
Introducing Exclusivity	13	(4)
Diversity Prevailing	17	(4)
Sanctioning Diversity	21	(7)
Managing Diversity	28	(4)
Conclusion	32	(1)
The Scope of the Common Commercial Policy: Interpretation and Constitutional Logic	33	(44)
Introduction	33	(1)
Laying Down the Legal Foundation	33	(7)
The Ruling in Opinion 1/94: A Policy Not Quite as Wide as Originally Envisaged?	40	(8)
The Ruling of the Court	41	(5)
Comment on Opinion 1/94	46	(2)
Bringing the Point Home: The Ruling in Opinion 2/00	48	(4)
Grasping the Nettle	52	(4)
Beyond Minimalism: The Energy Star Agreement Judgment	56	(3)
The `New' Common Commercial Policy	59	(2)
The Nice Amendment	61	(9)
The Rule and its Limited Scope	61	(1)
The Material Scope	62	(2)
Substantive Deviations: The Harmonisation Exception	64	(1)
The Cultural Exception	65	(2)
The Transport Exception	67	(1)
Procedural Deviations: The Parallelism Exception	68	(1)
The `Horizontal Agreement' Exception	69	(1)
Procedural Deviations: The Cultural Exception	69	(1)
Comment on the Nice Provisions of Article 133 EC and Beyond	70	(5)
Conclusion	75	(2)
Implied Competence	77	(58)
Introduction	77	(1)
The Foundation Period: The Aetr Principle	77	(12)
The General Formulation: Existence and Nature of the Competence (paragraphs 15--19)	80	(2)
The Application of the Principle (paragraphs 23--31)	82	(2)
An Overall Comment	84	(5)
Building Upon the Foundation	89	(2)
Reinforcing the Principle of Implied Competence	91	(5)
The Period of Adjustment: In Search of Limits	96	(10)
Restating the General Principles	97	(1)
Applying the Principles to Convention No 170 ILO	98	(2)
A Foundation for Exclusivity	100	(1)
Other Areas of Shared Competence	101	(1)
The Duty of Cooperation	102	(1)
Comment on the Ruling in Opinion 2/91	102	(4)
The Controversial Opinion 1/94	106	(11)
The Application of the AETR Principle	106	(3)
The Application of the Necessity Principle Pursuant to Opinion 1/76	109	(1)
The Application of the General Clauses of Articles 95 and 308 EC	109	(1)
Comment on the Construction of the AETR Principle	110	(2)
Comment on the Construction of the Opinion 1/76 Principle	112	(2)
An Overall Comment on Opinion 1/94	114	(3)
Consolidating the Principles: The Open Skies Judgments	117	(11)
The Legal Background	118	(2)
The Judgments	120	(3)
Comment on the Open Skies Judgments	123	(5)
Further Limits on Implied Competence	128	(4)
Conclusion	132	(3)
Part II: The Management of EC International Relations	135	(194)
International Commitments and the Management of Mixity	137	(46)
Introduction	137	(1)
Accepting International Obligations	137	(13)
Negotiation	139	(1)
Conclusion	140	(4)
The Role of the European Parliament and Inter-institutional Conflicts	144	(6)
The Proposals in the Constitutional Treaty	150	(1)
The Various Disguises of Mixity	150	(2)
Mixity Within the Context of the Case Law of the Court of Justice	152	(1)
The Exercise of Shared Competence by the Community	153	(4)
The Exercise of Shared Competence by the Member States	157	(3)
Negotiation of Mixed Agreements	160	(5)
Conclusion, Ratification and Participation	165	(10)
Managing Mixity Within the World Trade Organization	175	(5)
Conclusion	180	(3)
International Agreements, Member States and the Jurisdiction of the Court of Justice	183	(34)
Introduction	183	(1)
Obligations Under International Agreements	184	(2)
Broad Construction of Pre-Emptive Jurisdiction Under Article 300(6) EC	186	(6)
What Type of Jurisdiction Under the Preliminary Reference Procedure?	192	(5)
Broad Construction of Jurisdiction Under Article 234 EC	197	(5)
The Existence of Broad Jurisdiction Confirmed--The Case of Article 226 EC	202	(3)
The Cooperation of National Courts	205	(7)
Assessing the Effect of Provisions of Mixed Agreements	206	(3)
Applying the Provisions of Mixed Agreements	209	(3)
Procedural Integration and Cooperation	212	(2)
Conclusion	214	(3)
Effects of International Rules in the Community Legal Order	217	(36)
Introduction	217	(1)
The Introduction of the Principle of Direct Effect: Laying Down the Foundation	217	(5)
The Development of the Principle of Direct Effect: The Period of Consolidation	222	(4)
The Interpretation of Directly Effective Provisions of International Agreements	226	(10)
A Conflict?	227	(5)
The Significance of the Context	232	(4)
The Court's Approach to the Institutional Structures Established Under Association Agreements	236	(5)
The Formula of Direct Effect Within the Broader Context of Enforcement of International Rules	241	(8)
The function of Direct Effect	241	(3)
The Enforcement of Customary International Law	244	(5)
Conclusion	249	(4)
Effects of GATT and WTO Rules in the Community Legal Order	253	(48)
Introduction	253	(1)
The Legal Effects of the GATT 1947 Under EC Law	253	(6)
Other Mechanisms of Enforcing the Gatt	259	(6)
The Genesis of the `Reference' Case	259	(2)
The Genesis of the `Implementation' Case	261	(2)
The Duty of Interpretation	263	(2)
The Approach of the Court of Justice to WTO Rules	265	(6)
The Tighter Legal Framework Laid Down in WTO Agreements	266	(2)
The Approach of the Court of Justice	268	(3)
Assessment of the Court's Approach	271	(9)
The View from the WTO Framework	272	(5)
The View from the EC Framework	277	(3)
Alternative Ways of Enforcing WTO Rules	280	(8)
The Judgment in Petrotub	282	(3)
The Relevance of DSB Acts	285	(2)
The Principle of Interpretation	287	(1)
The Issue of the Community's Liability	288	(7)
Conclusion	295	(6)
International Agreements Concluded by Member States Prior to their Membership of the European Union	301	(28)
Introduction	301	(1)
The Interpretation of Article 307 EC	302	(14)
`All Appropriate Steps': Renegotiation, Adjustment, Denunciation	304	(5)
...and Interpretation	309	(4)
When is Denunciation Necessary?	313	(3)
The Evolving Context of the Application of Article 307 EC	316	(5)
Friendship, Navigation and Commerce and Telecommunications Procurement	317	(2)
Preparing for Accession	319	(2)
An Interesting Approach to the Application of Article 307 EC	321	(5)
The Political Underpinnings of the Application of Article 307 EC	326	(1)
Conclusion	327	(2)
Part III: The Practice of EC International Relations	329	(52)
Substantive Trade Law---The Case of Anti-dumping	331	(28)
Introduction	331	(1)
An Overview	331	(5)
Imports and Exports	332	(1)
Trade Policy Instruments	333	(1)
The `Everything but Arms' Initiative	334	(1)
Anti-dumping Law	335	(1)
Substantive Issues of Anti-Dumping Law	336	(1)
Dumping	336	(6)
Injury and Community Interest	339	(2)
Non-market Economy Countries	341	(1)
Procedural Issues of Anti-Dumping Law	342	(2)
Judicial Review in Anti-Dumping Law	344	(12)
Intensity of Review over Substantive and Procedural Issues	344	(3)
Review of Procedural Issues	347	(2)
A Liberal Approach to Standing	349	(7)
Conclusion	356	(3)
International Agreements	359	(22)
Introduction	359	(1)
A Wide Range of Links	360	(3)
Partnership and Cooperation Agreements	363	(2)
Stabilisation and Association Agreements	365	(6)
Euro-Mediterranean Agreements	371	(4)
The European Neighbourhood Policy	375	(5)
Conclusion	380	(1)
Part IV: EU International Relations	381	(98)
Common Foreign and Security Policy	383	(32)
Introduction	383	(1)
The Historical Background	383	(4)
The Current Legal Framework: Objectives and Obligations	387	(4)
The Role of the Union Institutions	391	(2)
CFSP Instruments	393	(11)
Common Strategies	394	(5)
Joint Actions and Common Positions	399	(5)
Decision-Making Procedures	404	(2)
International Agreements Concluded Under Title V TEU	406	(3)
Rules Challenged: The War in Iraq	409	(4)
Conclusion	413	(2)
Foreign Policy and External Trade	415	(38)
Introduction	415	(1)
A Question of Boundaries	416	(3)
Exports Of Dual-Use Goods	419	(9)
A First Indication of the Court's Approach	420	(3)
Seeking to Square the Circle	423	(2)
The Approach of the Court of Justice	425	(3)
Sanctions Against Third Countries	428	(5)
The Approach of the Court of Justice to Economic Sanctions	433	(8)
Asserting Jurisdiction	433	(3)
Discouraging Deviations	436	(3)
Highlighting the Role of National Courts	439	(2)
Managing the Relationship Between Foreign Policy and Trade	441	(7)
A New Regime on Exports of Dual-use Goods	442	(4)
Managing Sanctions	446	(2)
The Case of Exports of Armaments	448	(3)
Conclusion	451	(2)
European Security and Defence Policy	453	(26)
Introduction	453	(1)
Rules and Structures	453	(4)
The Development of the ESDP Framework	457	(6)
The ESDP---An Overview	463	(7)
Police Missions	463	(3)
Military Missions	466	(2)
Rule of Law Missions	468	(2)
Other Missions	470	(1)
The Economic Aspects of Security	470	(6)
Conclusion	476	(3)
Part IV: A New Framework?	479	(28)
A New Framework for EU International Relations?	481	(26)
Introduction	481	(2)
Reorganisation: Values, Principles and Objectives	483	(2)
The Position of CFSP Within the Constitutional Treaty	485	(12)
Institutions	486	(4)
Instruments	490	(2)
Decision-making	492	(1)
Depillarisation	493	(2)
Primacy	495	(2)
Common Security and Defence Policy	497	(7)
Principles, Tasks and Procedures	498	(1)
Flexibility	499	(5)
Conclusion	504	(3)
Bibliography	507	(24)
Index	531