The Treaty of Lisbon has significantly enhanced the EU’s institutional framework and the instruments at its disposal in foreign policy and external relations, notably through the creation of the function of the High Representative, supported by the European External Action Service. Contributing to the maintenance of international peace and security is one of the core objectives of the EU’s external action. This volume, with contributions from legal experts on EU foreign policy and external relations, illustrates the manifold legal issues arising in EU external action and in its efforts to achieve this essential objective.
Stephan Marquardt, LL.M., is the Deputy Head of the Legal Department of the European External Action Service. He was previously the legal adviser of the Delegation of the European Union to the United Nations in New York and a member of the Council Legal Service, where he worked on EU foreign policy and external relations issues. He regularly contributes academic articles and commentaries on the legal and institutional aspects of the EU’s foreign policy.
Steven Blockmans is Director of Research at the Centre for European Policy Studies (CEPS, Brussels), Visiting Professor at the College of Europe (Bruges & Natolin), Senior Fellow at the International Centre for Defence and Security (ICDS, Tallinn) and Editor-in-Chief of the European Foreign Affairs Review.
Preface
Abbreviations and Acronyms
Notes on Contributors
Témoignages
Part 1 EU External Relations
1 The Effect of the Principle of Consistency in EU External Relations Law
Soledad Rodríguez Sánchez-Tabernero
2 Increasing the EU’s Impact in International Organisations
Favouring Effective Positions over Formal Status? Frederik Naert
3 The Long Arm of Chinese Law
Extraterritorial Sanctions on Trade and Investments and European Responses Steven Blockmans
4 The Use of Soft Law Instruments in the European Union’s External Relations
A Delicate Balance between Pragmatism, Transparency and Democratic Oversight Ivan Smyth
5 Some Legal Aspects Related to a Possible Fully-Fledged Association Agreement with Palestine
Simona Popan
Part 2 Common Foreign and Security Policy/Common Security and Defence Policy
6 The Legal and Institutional Nature of EU Civilian Crisis Management Missions in the Light of the Case Law of the Court of Justice of the European Union
Stephan Marquardt, Eszter Orgovan and Emmanuelle Raoult
7 L’Article 39
TUE
n’est pas au ciel !
Gilles Marhic
8 Deepening Cooperation between the EU and Its Neighbours in Foreign Policy, Security and Defence – the Norway Way
Christophe Hillion
9 Implementing Article 42(7) of the Treaty on European Union
Legal Foundations for Mutual Defence in the Face of Modern Threats Hans Boddens Hosang and Paul Ducheine
10 La coopération Entre l’Union Européenne et les Nations Unies dans le domaine de la gestion de crise
Eric Chaboureau
Part 3 The EU and International Humanitarian Law
11 Lethal Autonomous Weapon Systems and International Humanitarian Law in Light of the European Parliament’s Resolution on a Ban of Such Systems
Wolff Heintschel von Heinegg
12 The EU’s Contribution to Preserve the
IHL
Principles Sustaining Impartial Humanitarian Action
Stéphane Kolanowski
13 Swimming into Deep Water
Article 91(3) of the Third Geneva Convention and the Successful Escape of Prisoners of War by Sea Liesbeth Lijnzaad
Index
Academic research institutes, university libraries and students in EU external relations, legal advisers in the EU institutions, foreign ministries and international organisations.