Treaty Conflict And The European Union

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

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

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.

Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.

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.

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

An unprecedented inside view of the European Commission, and institution which substantially influences the legislative agenda of the European Union. Based on testimonies of 150 insiders, the authors show how the institution is significantly influenced by political power struggles that affect the rules that govern Europe.

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.