The interface between EU and international law : contemporary reflections / edited by Inge Govaere and Sacha Garben.

Format:

Book

Contributor:

Govaere, Inge, editor.

Garben, Sacha, 1982- editor.

Series:

Modern studies in European law.

Modern Studies in European Law Series

Language:

English

Subjects (All):

International law--European Union countries.

International law.

International and municipal law--European Union countries.

International and municipal law.

Law--European Union countries.

Law.

European Union.

Physical Description:

1 online resource.

Edition:

First edition.

Place of Publication:

Oxford, England : Bloomsbury Publishing Plc, [2019]

Summary:

"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.

Contents:

Intro

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

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

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

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

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

10. Law and Practice of the EU's Trade Agreements with 'Disputed' Territories: A Consistent Approach?

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

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

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

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

14. An Incoherent Approach Towards Aarhus and CETA: The Commission and External Oversight Mechanisms

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.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781509923397

150992339X

9781509923403

1509923403

OCLC:

1090494715