Treaty Conflict and the European Union


Book Description

Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.




The European Union and Conflict Prevention


Book Description

Since 2001, the prevention of violent conflicts has turned into a priority of the European Union's external policy. In addition to new operational competences developed under the Common Foreign and Security Policy, the European Union is particularly suited to combating the root causes of conflicts spreading throughout the world. It is noteworthy that the Treaty establishing a Constitution for Europe, signed in Rome on 29 October 2004, proposes to insert the prevention of conflicts in the Constitution. In 25 original essays written by both practitioners and scholars from European institutions, international organisations, universities and NGOs, this book proposes to explore and scrutinize the progress achieved by the European Union in the definition of a concrete conflict prevention strategy, as well as the challenges it still faces. In particular, the book dwells on the following issues: the definition of and indicators for conflict prevention; institutional and financial dimensions of conflict prevention; EU instruments for the prevention of violent conflicts; structural conflict prevention and the mainstreaming of conflict prevention into EU policies; and cooperation with other international organisations and other actors, such as NGOs and the private sector.




Enforcement of International Contracts in the European Union


Book Description

The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.




The European Union and Peacebuilding


Book Description

With a Foreword by Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the European Commission Like conflict prevention and crisis management, ‘peacebuilding' forms an integral part of the European Union's external policy efforts to break the cycle of conflict, insecurity and poverty. A concept developed in the context of the United Nations, the EU's Lisbon Treaty mentions ‘post-conflict stabilisation' among the tasks which the EU is set to perform in the implementation of the Common Security and Defence Policy. The Union's advance in this field has been universally welcomed by peacebuilding actors, especially since the EU's ongoing contributions in financial, technical and logistical terms in post-conflict areas have been couched in an increasing number of European Security and Defence Policy missions. The proliferation of the EU's institutional and operational mechanisms to build peace in post-conflict environments has led to a whole series of new policy and legal questions, which are addressed by leading practitioners and academics in this unique compilation. Specific to this book: • Contributions take into account the final text of the Lisbon Treaty and the lessons learned from more than twenty military and civilian operations • Addresses policy and legal potential and limits, and outlines the parameters for future decision-making and capacity-building • Combines thematic contributions with concrete case studies, and offers insights into how the EU’s peacebuilding tools are implemented in practice







International Law Aspects of the European Union


Book Description

The debate about the relationship between international and community law usually centres on the question of which of these two 'belongs' to the other, and how 'special' community legal order is in relation to international law. In this volume, a distinguished group of Finnish and British academics and practitioners break new ground by, instead of becoming mired in these questions, clearly examining the international law aspects of the activities of the Community and the Union. In doing so, they have elucidated points of connection and possible points of conflict. The result is a thought-provoking collection of essays which examines community law through the conceptual grid of international law, and thus enriches our understanding of the workings of both.




Reforming the European Union


Book Description

For decades the European Union tried changing its institutions, but achieved only unsatisfying political compromises and modest, incremental treaty revisions. In late 2009, however, the EU was successfully reformed through the Treaty of Lisbon. Reforming the European Union examines how political leaders ratified this treaty against all odds and shows how this victory involved all stages of treaty reform negotiations--from the initial proposal to referendums in several European countries. The authors emphasize the strategic role of political leadership and domestic politics, and they use state-of-the-art methodology, applying a comprehensive data set for actors' reform preferences. They look at how political leaders reacted to apparent failures of the process by recreating or changing the rules of the game. While domestic actors played a significant role in the process, their influence over the outcome was limited as leaders ignored negative referendums and plowed ahead with intended reforms. The book's empirical analyses shed light on critical episodes: strategic agenda setting during the European Convention, the choice of ratification instrument, intergovernmental bargaining dynamics, and the reaction of the German Council presidency to the negative referendums in France, the Netherlands, and Ireland.




The European Union as a Global Conflict Manager


Book Description

This book provides a comprehensive assessment of how the EU has performed in facilitating mediation, conflict resolution and peacebuilding across the globe.




EU Foreign Policy, Transitional Justice and Mediation


Book Description

This book analyses how the European Union translates its principles of peace and justice into policy and puts them into practice, particularly in societies in or emerging from violent conflict. The European Union treaty states that in its relations with the wider world, the EU is to promote peace, security, the protection of human rights, and the strict observance and the development of international law. The EU is active in peace processes around the world, yet its role in international peace mediation is largely ignored. This book offers the first scholarly analysis of how the EU engages in peace processes and justice for human rights violations, focussing on the point where mediation and transitional justice intersect. Drawing on extensive fieldwork, the book includes case studies of how the EU sought to promote peace and justice in the Democratic Republic of Congo (DRC), how it supports international justice through the International Criminal Court, and a model of the EU as a mediator. These provide an evidence-base for policy makers and practitioners as well as strong empirical contributions to theory. The book addresses whether and how the EU pursues its principles of both peace and justice in conflict zones, where, in practice, these principles may be in conflict, and the implications of these findings for understanding EU foreign policy and the EU as a security actor. This book will be of much interest to students of EU foreign policy, transitional justice, peace and conflict studies and security studies.




Enlargement of the European Union


Book Description

The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity - defined in terms of such factors as culture, history and economics - has supplanted the long-dominant theme of 'widening and deepening, ' particularly since the Union's expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the 'identity' conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between 'widening' and 'deepening' and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author's conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to 'deliver the goods.' A watershed in the continuing great debate on the fulfilment of the EC Treaty's determination to foster and promote 'an ever closer union of the peoples of Europe, ' this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.