European University Institute Library

EU International Relations Law, Panos Koutrakos

eng

EU International Relations Law

electronic resource

dictionaries

1088497799

Panos Koutrakos

ProQuest Ebook CentralModern studies in European law

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

Half Title Page; Half Title verso; Title Page; Title verso; Acknowledgments; Outline Table of Contents; Contents; Table of Cases; Table of Legislation; Introduction; Part I: The Regulation of EC International Relations; 1. Express Powers - Theory and Practice of Exclusivity in Common Commercial Policy; 1. INTRODUCTION; 2. EXPRESS COMPETENCE IN PRIMARY LAW; 3. COMMON COMMERCIAL POLICY; 4. INTRODUCING EXCLUSIVITY; 5. DIVERSITY PREVAILING; 6. SANCTIONING DIVERSITY; 7. MANAGING DIVERSITY; 8. CONCLUSION; 2. The Scope of the Common Commercial Policy: Interpretation; 1. INTRODUCTION2. LAYING DOWN THE LEGAL FOUNDATION3. THE RULING IN OPINION 1/94: A POLICY NOT QUITE AS WIDE AS ORIGINALLY ENVISAGED?; 4. BRINGING THE POINT HOME: THE RULING IN OPINION 2/00; 5. GRASPING THE NETTLE; 6. BEYOND MINIMALISM: THE ENERGY STAR AGREEMENT JUDGMENT; 7. THE 'NEW' COMMON COMMERCIAL POLICY; 8. THE NICE AMENDMENT; 9. COMMENT ON THE NICE PROVISIONS OF ARTICLE 133 EC AND BEYOND; 10. CONCLUSION; 3. Implied Competence; 1. INTRODUCTION; 2. THE FOUNDATION PERIOD: THE AETR PRINCIPLE; 3. BUILDING UPON THE FOUNDATION; 4. REINFORCING THE PRINCIPLE OF IMPLIED COMPETENCE5. THE PERIOD OF ADJUSTMENT: IN SEARCH OF LIMITS6. THE CONTROVERSIAL OPINION 1/94; 7. CONSOLIDATING THE PRINCIPLES: THE OPEN SKIES JUDGMENTS; 8. FURTHER LIMITS ON IMPLIED COMPETENCE; 9. CONCLUSION; Part II: The Management of EC International Relations; 4. International Commitments and the Management of Mixity; 1. INTRODUCTION; 2. ACCEPTING INTERNATIONAL OBLIGATIONS; 3. THE VARIOUS DISGUISES OF MIXITY; 4. MIXITY WITHIN THE CONTEXT OF THE CASELAW OF THE COURT OF JUSTICE; 5. THE EXERCISE OF SHARED COMPETENCE BY THE COMMUNITY; 6. THE EXERCISE OF SHARED COMPETENCE BY THE MEMBER STATES7. NEGOTIATION OF MIXED AGREEMENTS8. CONCLUSION, RATIFICATION AND PARTICIPATION; 9. MANAGING MIXITY WITHIN THE WORLD TRADE ORGANISATION; 10. CONCLUSION; 5. International Agreements, Member States and the Jurisdiction of the Court of Justice; 1. INTRODUCTION; 2. OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS; 3. BROAD CONSTRUCTION OF PRE-EMPTIVE JURISDICTION UNDER ARTICLE 300(6) EC; 4. WHAT TYPE OF JURISDICTION UNDER THE PRELIMINARY REFERENCE PROCEDURE?; 5. BROAD CONSTRUCTION OF JURISDICTION UNDER ARTICLE 234 EC; 6. THE EXISTENCE OF BROAD JURISDICTION CONFIRMED-THE CASE OF ARTICLE 226 EC7. THE COOPERATION OF NATIONAL COURTS8. PROCEDURAL INTEGRATION AND COOPERATION; 9. CONCLUSION; 6. Effects of International Rules in the Community Legal Order; 1. INTRODUCTION; 2. THE INTRODUCTION OF THE PRINCIPLE OF DIRECT EFFECT: LAYING DOWN THE FOUNDATION; 3. THE DEVELOPMENT OF THE PRINCIPLE OF DIRECT EFFECT: THE PERIOD OF CONSOLIDATION; 4. THE INTERPRETATION OF DIRECTLY EFFECTIVE PROVISIONS OF INTERNATIONAL AGREEMENTS; 5. THE COURT'S APPROACH TO THE INSTITUTIONAL STRUCTURES ESTABLISHED UNDER ASSOCIATION AGREEMENTS6. THE FORMULA OF DIRECT EFFECT WITHIN THE BROADER CONTEXT OF ENFORCEMENT OF INTERNATIONAL RULES