The European Union’s External Action in Times of Crisis (Modern Studies in European Law)

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 judgment 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. Volume 63 in the Series Modern Studies in European Law Contents List of Abbreviations List of Contributors Table of Cases Part I Introduction Introduction Part II The EU Institutional System for External Action at Work 1 The Reluctant (Lisbon) Treaty and Its Implementation in the Practice of the Council I. INTRODUCTION II. AN EFFECTIVE TREATY? III. THE PROBLEMATIC AND DISPUTED FIELD OF COMPETENCES AND THE ISSUE OF MIXITY IV. THE CFSP: A DISTINCT PILLAR WITH UNACHIEVED POTENTIAL V. AN OVERBURDENED AND CHALLENGED HIGH REPRESENTATIVE? VI. THE STRUGGLING EUROPEAN EXTERNAL ACTION SERVICE (EEAS) VII. A CONFUSING EXTERNAL REPRESENTATION VIII. DISPUTES CONCERNING THE PRACTICE OF INTERNATIONAL AGREEMENTS AND OTHER INTERNATIONAL INSTRUMENTS IX. AN UNSATISFACTORY EU PARTICIPATION IN INTERNATIONAL ORGANISATIONS X. THE QUESTION OF THE LEGALITY OF RESTRICTIVE MEASURES XI. THE CONTENTIOUS RULINGS OF THE CJEU IN THE FIELD OF EXTERNAL RELATIONS XII. FINAL REMARKS 2 The External Powers of the European Parliament I. INTRODUCTION II. EVALUATION OF PARLIAMENT"S ROLE AFTER THE TREATY OF LISBON: HAS IT BEEN DECISIVE IN THE SHAPING OF THE EU EXTERNAL ACTION? III. SOME RECENT LEGAL ISSUES RELATED TO ARTICLE 218 TFEU 3 The Court of Justice and External Competences After Lisbon: Some Reflections on the Latest Case Law I. INTRODUCTION II. THE RENAISSANCE OF COMMON COMMERCIAL POLICY III. ARTICLES 3(2) AND 216(1) TFEU IV. MAKING SENSE: TUTTO BENE? V. WHY MIXITY? VI. CONCLUSIONS Part III International Law as Law of the EU 4 The Integration of Public International Law in EU Law: Analytical and Normative Questions I. INTRODUCTION II. PLURALISM OR INTEGRATION? III. THE INTEGRATION OF INTERNATIONAL LAW INTO EU LAW IV. SOME NORMATIVE ISSUES V. CONCLUDING REMARKS 5 Customary International Law and the European Union from the Perspective of Article 3(5) TEU I. INTRODUCTION II. THE AUTONOMOUS STATUS OF CUSTOMARY INTERNATIONAL LAW AND THE QUESTION OF COMPETENCE III. RECOURSE TO CUSTOMARY INTERNATIONAL LAW BY THE COURT OF JUSTICE OF THE EUROPEAN UNION IV. CUSTOMARY INTERNATIONAL LAW AND THE QUESTION OF DIRECT EFFECT 6 The Legal Status and Influence of Decisions of International Organisations and Other Bodies in the European Union I. INTRODUCTION II. "INTERNATIONAL DECISIONS": THE CHANGING ROLE OF INTERNATIONAL ORGANISATIONS III. THE EU TREATIES AND INTERNATIONAL ORGANISATIONS IV. THE INFLUENCE OF INTERNATIONAL DECISIONS ON THE EU: EMPIRICAL EVIDENCE V. THE LEGAL STATUS OF INTERNATIONAL DECISIONS IN THE EU LEGAL ORDER VI. CONCLUDING OBSERVATIONS 7 The Relationship of the Member States" International Agreements with the EU I. INTRODUCTORY REMARKS II. AGREEMENTS LINKED TO THE ENLARGEMENT III. MIXED AGREEMENTS IV. COMMUNAUTARISATION OF THE INTERNATIONAL AGREEMENTS CONCLUDED BY MEMBER STATES V. INTER SE MEMBER STATES" AGREEMENTS 8 The Contribution of the EU to the Development of Customary Norms in the Field of Human Rights Protection I. A BRIEF LEGAL OVERVIEW OF THE PROMOTION OF HUMAN RIGHTS ACROSS EU"S EXTERNAL ACTION II. THE CONTRIBUTION OF THE EU TO THE CREATION AND DEVELOPMENT OF INTERNATIONAL CUSTOMARY NORMS IN THE FIELD OF HUMAN RIGHTS PROTECTION III. FINAL QUESTIONS: AN ETERNAL RECURRENCE OVER THE OLD QUESTIONS OF LEGITIMACY AND EFFICACY. FROM PARTICULARISM TO UNIVERSALISM? Part IV Membership, Representation and Performance of the European Union in International Organisations 9 Brussels Meets Westphalia: The European Union and the United Nations I. INTRODUCTION: THE UN AS A "EUROPEAN PRIORITY" II. LEGAL BASIS FOR EU ENGAGEMENT WITH THE UN III. EXTERNAL REPRESENTATION AND INTERNAL COORDINATION IV. EU-UN COOPERATION ON THE GROUND V. CHALLENGES AND OPPORTUNITIES VI. CONCLUSIONS 10 The Consistency of the European Union"s Human Rights Policy at the United Nations I. INTRODUCTION II. THE EU IN THE THIRD COMMITTEE OF THE GENERAL ASSEMBLY OF THE UNITED NATIONS III. THE EU IN THE HUMAN RIGHTS COUNCIL IV. PRIORITY AREAS FOR EU ACTION V. THE THIRD STATES AND THEIR BROAD SUPPORT FOR THE EU VI. CONCLUSIONS 11 The European Union in the International Monetary and Financial System I. INTRODUCTION II. THE EU IN THE INTERNATIONAL MONETARY SYSTEM III. THE EU IN THE INTERNATIONAL FINANCIAL SYSTEM IV. CONCLUSION 12 EU-IMF Relations: The Long Way to a Single EU Chair in the IMF I. PRELIMINARY REMARKS II. OBSTACLES TO THE EU-IMF RELATIONSHIP AND THE APPLICATION OF A PRAGMATIC APPROACH III. THE 2010 IMF REFORM IMPLEMENTATION: CONSEQUENCES FOR THE EU IV. PROPOSALS FOR A RENOVATION OF EU-IMF RELATIONS V. CONCLUSIONS Part V Substantive Areas of the EU External Action 13 The Transformation of the EU Common Commercial Policy I. INTRODUCTION II. EVOLUTION IN THE SCOPE AND NATURE OF THE CCP III. BALANCE BETWEEN THE GENERAL OBJECTIVES OF ARTICLE 21 TEU AND THE CCP OBJECTIVES IV. CHANGEs IN THE PARTICIPATION OF THE INSTITUTIONS IN THE CCP V. CONCLUDING REMARKS 14 The European Union Facing Investment Arbitration I. INTRODUCTION II. THE ROLE OF ARBITRATION IN FUTURE EU INVESTMENT AGREEMENTS III. PROBLEMS POSED BY THE PARTICIPATION OF THE EU IN INVESTOR-STATE ARBITRATION IV. EPILOGUE 15 From External Policy to Free Trade: The EU-Singapore Free Trade Agreement I. INTRODUCTION II. THE EU"S FREE TRADE AGREEMENTS: POLICY IN MOTION III. THE EU-SINGAPORE FREE TRADE AGREEMENT IV. CONCLUSIONS 16 The External Dimension of the Area of Freedom, Security and Justice: An Essential Part of the European Union"s External Action I. GENERAL ASPECTS: THE PROGRESSIVE CONFIGURATION OF AN EXTERNAL DIMENSION IN THE AREA OF FREEDOM, SECURITY AND JUSTICE II. THE EXTERNAL COMPETENCE OF THE EU IN RELATION TO THE AFSJ: CONSEQUENCES OF THE COMMUNITISATION OF THE EXPRESS AND IMPLIED COMPETENCES IN THIS AREA III. THE EXERCISE OF EXTERNAL COMPETENCES AS REGARDS THE AFSJ: MORE THAN JUST READMISSION AGREEMENTS IV. CERTAIN RISKS OF EXTERNAL ACTION IN THE AREA OF FREEDOM, SECURITY, AND JUSTICE: THE PREDOMINANCE OF SECURITY AND CONTROL IN A FRAGMENTED SPACE V. FINAL CONSIDERATIONS: THE INDISSOLUBLE LINK BETWEEN THE INTERNAL AND EXTERNAL DIMENSIONS OF THE AFSJ 17 The EU Antiterrorist Sanctions I. INTRODUCTORY REMARKS II. THE COMPETENCE OF THE EU TO ADOPT ANTITERRORIST SANCTIONS III. JUDICIAL REVIEW AND ANTITERRORIST SANCTIONS 18 The European Union"s Arms Trade Control and European Civil Society I. INTRODUCTION II. EUROPEAN UNION MEMBER STATES" INTERESTS IN THE CONVENTIONAL ARMS TRADE III. THE EUROPEAN UNION"S IMPROVEMENTS IN ARMS TRADE CONTROL IV. EUROPEAN CIVIL SOCIETY"S REACTION TOWARD AN UNCONTROLLED CONVENTIONAL ARMS TRADE V. FINAL CONCLUSIONS Index The Reluctant (Lisbon) Treaty and its implementation in the practice of the Council / Ricardo Gosalbo-Bono and Frederik Naert -- The external powers of the European Parliament / Ricardo Passos -- The Court of Justice and external competences after Lisbon : some reflections on the latest case law / Fernando Castillo de la Torre -- The integration of public international law in EU law : analytical and normative questions / Piet Eeckhout -- Customary international law and the European Union from the perspective of Article 3(5) TEU / Eleftheria Neframi -- The legal status and influence of decisions of international organisations and other bodies in the European Union / Ramses A. Wessel and Steven Blockmans -- The relationship of the member states' international agreements with the EU / Javier Roldán Barbero -- The contribution of the EU to the development of customary norms in the field of human rights protection / José Rafael Marín Aís -- Brussels meets Westphalia : the European Union and the United Nations / Jan Wouters and Anna-Luise Chané -- The consistency of the European Union's human rights policy at the United Nations / Carmela Pérez Bernárdez -- The European Union in the international monetary and financial system / Dominique Carreau -- EU-IMF relations : the long way to a single EU chair in the IMF / Manuel López-Escudero -- The transformation of the EU common commercial policy / Christine Kaddous -- The European Union facing investment arbitration / Javier Diez-Hochleitner -- From external policy to free trade : the EU-Singapore Free Trade Agreement / Antonio Segura Serrano -- The external dimension of the area of freedom, security and justice : an essential part of the European Union's external action / José Martín y Pérez de Nanclares -- The EU antiterrorist sanctions / Enzo Cannizzaro -- The European Union's arms trade control and European civil society / Inmaculada Marrero Rocha Présentation de l'éditeur : "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." "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 judgment 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."--Bloomsbury Publishing. 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 (Plateforme de l'éditeur) "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 judgment 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."--Résumé de l'éditeur ## TIMES OF CRISIS 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 judgment 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.