رابطهٔ بین حقوق اتحادیه اروپا و حقوق بین‌الملل: تأملات معاصر

Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, examining policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue. Volume 89 in the Series Modern Studies in European Law Contents List of Contributors Introduction: The Interface between EU and International Law I. Part I: A Horizontal, Holistic Approach II. Part II: The Interaction between EU and International Law in Selected Areas III. Part III: The EU and 'Third' Countries IV. Part IV: A View from Practice: Comments on Current Developments in the Interface between EU and International Law V. Conclusion PART I: A HORIZONTAL, HOLISTIC APPROACH 1. Interconnecting Legal Systems and the Autonomous EU Legal Order: A Balloon Dynamic I. The Balloon Dynamic of the Autonomous EU Legal Order II. Structural Pressure on the Balloon Membrane III. Necessary Resilience/Elasticity of the Balloon IV. Post-Lisbon: Will the Balloon Fly or Deflate? 2. The Axiological Emancipation of a (Non-)Principle: Autonomy, International Law and the EU Legal Order I. Introduction: A Bridge or a Wall? II. Chronicle of Autonomy's Phases: From Distinctiveness to (Strategic) Isolation III. Internal, External and Axiological Autonomy: Rule of Law-less Emancipation IV. Conclusion: 'Like Ships in the Night' 3. Studying International and European Law: Confronting Perspectives and Combining Interests I. Introduction II. Mutual Perspectives III. Mutual Interests IV. Conclusion: Towards a More Integrated Study of International and EU Law? PART II: THE INTERACTION BETWEEN EU AND INTERNATIONAL LAW IN SELECTED AREAS 4. Integrated Rights Protection in the European and International Context: Some Reflections about Limits and Consequences I. Introduction II. Prelude: Why are Rights a Special Case? III. Judicial Practice: Convergence at Distance IV. Theories of Rights V. Conclusions 5. A Balloon Dynamic in the Area of Social Rights I. Introduction II. Setting the Scene: Recent Frictions between International and EU Social Law III. The Cause of the Frictions: The (Over-)Inflated Balloon of EU Integration in Social Law and Policy through EU Enlargement and Economic Governance Post-Crisis IV. Possible Solutions: More Responsibility, more Elasticity V. Concluding Remarks 6. The Interplay of International and EU Environmental Law I. Environmental Legal Orders II. US or EU Global Environmental Leadership III. Pan-European Environmental Law and the EU: Partnership or Hegemony? IV. The 1979 Bern Convention V. The Aarhus Convention and its Compliance Committee VI. Communication ACCC/C/2008/32 (Part I) VII. Communication ACCC/C/2008/32 (Part II) VIII. Endorsing the Findings or not? That is the Question IX. The Decision of the MOP X. Conclusions 7. Implementing International Norms through EU Procedure? The Case of Business and Human Rights I. Introduction II. The Guiding Principles on Business and Human Rights and National Action Plans III. Implementing the UNGPs in the EU: Evaluation of Existing NAPs in the EU IV. The Open Method of Coordination V. Conceptual Suitability of an OMC for the UNGP NAP Process VI. Conditions for Extending the OMC to the UNGPs’ Implementation VII. Integrating an OMC for Business and Human Rights in Existing EU Governance Structures VIII. The Added Value of an OMC for Business and Human Rights and the Design Thereof IX. EU Law as Silver Bullet for International Law’s Weakness of Implementation? X. Conclusion PART III: THE EU AND 'THIRD' COUNTRIES 8. On the Cusp: Brexit and Public International Law I. Introduction II. 'Don't Trigger Article 50 – Just Leave' III. Nature of the Withdrawal Agreement IV. 'Can't Pay? Won't Pay!' V. UK Pre-Brexit External Relations Initiatives: Wessel State or Global Britain? VI. Revocability of the Notification of Intention to Withdraw VII. Conclusions 9. EU Enlargement, Extra-Territorial Application of EU Law and the International Dimension I. Introduction II. Forms of 'Extra-Territorial Application' of EU Law in the Enlargement Context III. Foundations of Extra-Territorial Application of EU Law in the Enlargement Context IV. Shortcomings in the Extra-Territorial Application of EU Law Characterising the Enlargement Policy V. Conclusion 10. Law and Practice of the EU's Trade Agreements with 'Disputed' Territories: A Consistent Approach? I. Introduction II. The EU-Israel Association Agreement and the Occupied Territories III. The EU-Morocco Association Agreement and the Western Sahara IV. The Eastern Partnership Association Agreements and Disputed Territories V. Conclusion 11. We’ll Always have Geneva: The Existential Crisis of the US-led Multilateral Trading System and the EU Reactions I. Introduction: 'Burning down the House' II. The EU Reaction: An Overview III. The Tragedy of the Commons: There Once was an Appellate Body with Seven Members IV. The EU Reaction V. Conclusion PART IV: A VIEW FROM PRACTICE: COMMENTS ON CURRENT DEVELOPMENTS IN THE INTERFACE BETWEEN EU AND INTERNATIONAL LAW 12. The Interaction between Public International Law and EU Law: The Role Played by the Court of Justice I. The EU is Surely a sui generis Subject of International Law II. The Constitutional Autonomy of the EU III. Some Recent Developments Concerning International Agreements 13. The Rosneft Case as a Good Example of Smooth Interaction between EU Law and International Law in the Most Recent Post-Lisbon Jurisprudence of the Court of Justice I. Introduction II. The Lisbon Treaty has Given Special Importance to the Full Observance of International Law by the EU III. The Rosneft Case (Its Facts, Main Legal Issues and Court Decision) IV. The Special Aspects of the Rosneft Case with Regard to the EU-Russia PCA and as Far as Interaction between EU Law and International Law is Concerned V. Conclusions 14. An Incoherent Approach Towards Aarhus and CETA: The Commission and External Oversight Mechanisms I. Introduction II. The EU's Judicial System and International Tribunals III. The Investment Court System in CETA and the Aarhus Convention's Compliance Committee IV. Compatibility with EU Law V. Concluding Remarks on the Commission's Current Approach towards External Oversight in the EU's International Agreements Index "Despite their many obvious interconnections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on its own unique characteristics, and in particular for the EU to emphasise its sui generis nature, important insights might be lost because of this exclusionary approach. This book aims to break through some of those barriers and to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360-degree view on both EU and international institutional and substantive law, this collection presents a refreshing perspective on a longstanding issue"--Bloomsbury Publishing. "Despite their many obvious inter-connections, EU and international law are all too often studied and practised in different spheres. While it is natural for each to insist on their own unique characteristics, and in particular for the EU to emphasis it sui generis nature, important insights might be lost because of this exclusionary approach. This books aims to break through some of those barriers, to show how more interaction between the two spheres might be encouraged. In so doing, it offers a constitutional dimension but also a substantive one, identifying policy areas where EU and international law and their respective actors work alongside each other. Offering a 360 degree view on both EU and international/institutional and substantive law, this collection presents a refreshing perspective on a perennial question"-- Provided by publisher