EU external relations and the power of law : liber amicorum in honour of Marise Cremona / edited by Kenneth A. Armstrong, Joanne Scott, and Anne Thies.

Format:

Book

Contributor:

A Armstrong, Kenneth, editor.

Scott, Joanne, editor.

Thies, Anne, editor.

Language:

English

Subjects (All):

Cremona, Marise,.

Cremona, Marise.

EU law in the member states.

Physical Description:

1 online resource (0 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

The breadth and depth of the scholarship of Marise Cremona is honoured in this collection of essays written by her colleagues and friends. Taking Cremona's field-defining research as a point of reference, this collection of research articles examines the power of law in EU external relations. Echoing the expansive scope of Cremona's intellectual enquiries across the growing and diversifying field of external relations law, this volume offers new insights into the principles and procedures that underlie this area of law; the role and responsibilities of the EU as an international actor; and the strategies and instruments through which the Union pursues its external agenda. Spanning the analysis of foundational concepts and more contemporary interventions in respect of the environment, human rights, foreign direct investment and even Brexit, what emerges from this collection is a richly conceptualised and clear examination of the multiple ways in which the power of law captures or eludes the EU's construction of a domain of external relations; a domain in which the EU interacts not only with its Member States but also other subjects of the international legal order.

Contents:

Intro

Acknowledgements

Contents

List of Contributors

Abstracts

Introduction

PART I: THE POWER OF RIGHTS AND PRINCIPLES IN EU LAW

What does the Concept of 'Structural Principles' Add to EU Law?

1. Introduction

2. What are the Structural Principles of EU (External Relations) Law?

3. What is the Point of Categorising Principles of EU Law?

4. The Internal and External Dimensions of the EU's Constitution

5. Conclusion

The Autonomy of EU Law in External Relations: An Elusive Principle

2. The Origins and Development of Autonomy

3. Two Dimensions of Autonomy

4. Maximalism Versus Pragmatism

Remedying Constitutional Heresies: The Charter, Damages and Jurisdiction in the Common Foreign and Security Policy

2. The Jurisdiction of the Court of Justice in the CFSP

3. The EU Institutions' Obligations under Article 51 Charter

4. The Duty to Respect the Charter and the Supervisory Duty to Ensure that the Charter is Respected

5. Conclusions

PART II: STATES, SOVEREIGNTY AND THE POWER OF LAW BEYOND BORDERS

The Power of Routine and the Disruptive Politics of Brexit

2. The Power of Routine

3. The Power of Routine and the Power of Law

4. The UK's Withdrawal from the European Union

5. Defining the Post-Membership Relationship

6. Conclusions

EU Member States as States: Between EU and International Roles and Obligations

2. EU Member States as States Establishing, Shaping or Leaving the Union

3. EU States Acting in the Context of the European Union

4. EU Member States as States under International Law

5. Concluding Remarks

Europe in the Global Imaginary, the Globe in the European Imaginary: The Legacy of Sovereignty

1. Sovereignty and Beyond

2. A World Fit for States.

3. Reimagining the World

4. Conclusion

PART III: IMPLEMENTING AND RESISTING INTERNATIONAL OBLIGATIONS AND THE POWER OF INTERNATIONAL LAW

Resisting External Accountability: The European Union and Human Rights

2. The EU and Accession to International and Regional Human Rights Instruments: A Snapshot

3. Interactions between the EU and International and Regional Human Rights Courts, Bodies and Actors: Any Signs of External Accountability?

4. Possible Reasons for EU Avoidance of External and International Human Rights Accountability

Global EU Climate Action and the Principle of Common but Differentiated Responsibilities and Respective Capabilities

2. CBDR-RC Principle and its Significance to Global EU Climate Action

3. Extending ETS Directive to Maritime Emissions and CBDR-RC Principle

4. The CBAM Regulation and CBDR-RC Principle

Environmental Information and 'External Pressure': Assessing EU Compliance with its International Obligations under the Aarhus Convention

2. My Empirical Enquiry: Assessing Aarhus Compliance

3. The Internal-External Paradigms in Assessing Public Access to Legal Opinions

4. Strategy and External Pressure in Complying with the Aarhus Convention

PART IV: STRATEGIC INTERNATIONAL AMBITIONS AND THE POWER OF EU INSTRUMENTS

Enhancing European Technological Sovereignty: The Foreign Investment Screening Regulation and Beyond

Prologue

2. The Debate on Strengthening European Technological Sovereignty and the EU's Strategic Autonomy

3. The Objectives of the 2019 Foreign Direct Investments Screening Regulation and its Ambiguities

4. The Commission's Role in the Process of Investment Screening: The Emergence of a Europeanised Sovereignty in the Area of FDIs?.

5. Does the Foreign Direct Investments Screening Regulation Help Protect Critical Infrastructure and Critical Technologies, thus Reinforcing European Technological Sovereignty?

6. Protecting Critical Infrastructure and Critical Technologies and the Question of EU Competence: The Range of Measures Enacted on the Basis of a Flexible Use of Article 114 TFEU

7. An Example of National Measure that Enhances EU's Technological Sovereignty: The Dutch Export Control Measure of Chip Machines

8. Conclusions

Addendum

EU Trade Policy and the Promotion of Gender Equality: Disseminating International Law and Mobilising Internal Stakeholders

2. Trade and Gender

3. EU Legal and Policy Framework for the Promotion of Gender Equality through Trade

4. EU External Trade Measures and Enforcement of Gender Equality Obligations

5. Mobilising EU Stakeholders

6. Conclusion

EPILOGUE

Epilogue

A Thematic Bibliography of the Scholarship of Marise Cremona

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509940981

1509940987

9781509940967

1509940960

9781509940974

1509940979

OCLC:

1443941740