Developments in EU External Relations Law

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ISBN: 9780199552894 | 0199552894
Cover: Hardcover
Copyright: 11/15/2008

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"External relations is currently among the most dynamic areas of EU law. 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." "Together, these essays present a clear picture of the complex development of EU external relations, and 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."--BOOK JACKET.

List of Contributors	p. ix
Table of Cases	p. xi
Table of Legislation	p. xix
Introduction	p. 1
Tous pour un, un pour tous! Coherence in the External Relations of the European Union	p. 10
Introduction	p. 10
Defining Coherence in the Context of EU Primary Law	p. 12
The Ambiguity of the Notion of Coherence	p. 12
The Multifarious Dimensions of Coherence in EU External Relations	p. 17
Coherence as a Function of other EU Legal Principles	p. 18
Negative Coherence: Absence of Contradictions in the External Activities of the Union	p. 18
Achieving Positive Coherence: The Principle of Cooperation	p. 27
Conclusion	p. 35
The Contribution of EU Practice to International Law	p. 37
Introduction	p. 37
The EU as an Actor under International Law	p. 38
The Notion 'European Union'	p. 38
External Powers	p. 38
Internal Coordination and External Representation	p. 47
Conclusions	p. 54
The EU's Contribution to General International Law	p. 54
Sources of International Law	p. 54
Subjects of International Law	p. 71
Jurisdiction	p. 80
Responsibility, Dispute Settlement, and Enforcement of International Law	p. 86
Conclusion	p. 95
The EU's Contribution to Particular Branches of International Law	p. 96
Jus contra bellum, ius in bello, and the Law of Disarmament	p. 97
The International Law Framework for the Fight against Terrorism	p. 102
International Human Rights and Criminal Law	p. 112
International Economic Development and Environmental Law	p. 118
Conclusion	p. 124
Closing Remarks	p. 125
The Trade and Development Policy of the European Union	p. 128
Introduction	p. 128
Origins	p. 129
The French Union	p. 129
The Treaty of Rome	p. 132
The Yaoundé Conventions	p. 135
Reciprocity	p. 137
The EDF and Trade	p. 139
International Reactions	p. 140
Comparable Arrangements	p. 140
GATT Reviews	p. 142
The Principle of Non-reciprocity	p. 143
The Community Response	p. 146
The Lomé Conventions and Cotonou Agreement	p. 147
Generalized System of Preferences	p. 153
Regional Trade Agreements	p. 160
Under-utilization of Preferences: Rules of Origin	p. 161
Post-Cotonou Trading Arrangements	p. 165
Economic Partnership Agreements	p. 166
Alternatives to EPAs	p. 170
Conclusion	p. 171
Of Modes and Sectors: External Relations, Internal Debates, and the Special Case of (Trade in) Services	p. 172
Introduction	p. 172
Political Economy of Services Trade and Services Liberalization	p. 174
Conceptualizing Trade in Services from a Legal Perspective	p. 176
In Foro Externo	p. 177
In Foro Interno	p. 183
Towards a Uniform Concept of Trade in Services?	p. 187
Services and the Common Commerical Policy	p. 188
Express Powers	p. 188
Implied Powers	p. 196
Public Services and External Trade Law	p. 201
What are Public Services?	p. 202
Scope of Agreements on Trade in Services	p. 203
Specific Commitments	p. 208
An All-inclusive, but Flexible Approach-if Used Wisely	p. 213
Conclusion	p. 214
Comparing the EU's Role in Neighbourhood Conflicts	p. 216
Introduction	p. 216
An Analytical Framework to Assess the EU's Role in Conflict Resolution	p. 217
EU Channels of Influence through Contractual Relations	p. 218
Understanding the Effectiveness of the EU's Role in Conflict Resolution	p. 220
The EU's Impact on Conflict Resolution	p. 222
Comparing the Effectiveness of EU Contractual Relations in Promoting Peace in the Neighbourhood	p. 226
The Value of EU Contractual Relations	p. 226
The Credibility of EU Obligations	p. 232
The Political Management of EU Contractual Relations	p. 240
Concluding Remarks	p. 243
The European Neighbourhood Policy: More than a Partnership?	p. 244
What is the ENP?	p. 244
Introduction	p. 244
The Genesis of the ENP	p. 246
Unpacking the Concept	p. 249
Objectives	p. 257
Instruments and Methodologies	p. 263
Instruments	p. 263
Methodologies	p. 281
The Future of the ENP	p. 294
A Failure or a Win-Win Policy?	p. 294
'Greater Coherence, Effectiveness and Visibility' for EU External Action?	p. 296
Index	p. 301
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Developments in EU External Relations Law

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