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Author: Frederik Naert

This article provides a brief overview of the legal aspects of EU military crisis management operations, which, together with the EU’s civilian missions, are the main manifestation of the EU’s Security and Defence Policy. After the introduction (I), section II addresses the EU law aspects, section III covers the main international law aspects and section IV deals with domestic law aspects, including both the law of sending States and of the host State. Section V draws some conclusions and offers some reflections on the legal aspects of EU military operations and their role and importance. The author concludes that the EU has a well established legal framework for its military operations, which is soundly anchored in the EU Treaty, elaborated in practice and firmly based in and in compliance with international law. He also submits that the Lisbon Treaty reinforces this legal framework on several points and that the EU can rely on a number of mechanisms that should enable it to address most legal challenges that may arise.

In: Journal of International Peacekeeping
In: The EU as a Global Actor - Bridging Legal Theory and Practice
In: The EU as a Global Actor - Bridging Legal Theory and Practice
In: International Law as Law of the European Union
Author: Frederik Naert

Abstract

This contribution addresses some particular aspects of fisheries and some specificities of the European Union (EU) in this field. The first section explains how institutional settings in the framework of which all states concerned can discuss mutual rights and obligations, including the ‘due regard’ obligation in the exclusive economic zone (EEZ), have been established in the field of fisheries. The second section presents two examples of situations in which the ‘due regard’ obligation has given rise to discussion: the negotiations on an Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and discussions on Marine Protected Areas and other similar areas. In the third section, a few issues that are particular to the EU are identified, including the competences transferred to the EU and their external exercise by the EU and the impact of EU law on relations between Member States in their respective EEZs.

In: The International Journal of Marine and Coastal Law

Abstract

As the title suggests, in this contribution we will devote some reflections to a number of challenges we see for the law of international organizations, and more specifically for the teaching of this discipline. This exercise is part of the introduction of a masters' course on the law of international organizations in the framework of the Bachelor-Master (more popularly: "Bama") reforms at Leuven University. As such, it reflects our personal point of view, but we hope it may be useful for our colleagues – likewise, we would be very grateful for any constructive comments as this is an ongoing process.First, we will address the teaching method, second, the link between research and teaching and third, the study material. We will conclude by briefly outlining our approach to teaching in this field of law, as one possible way this teaching can be done.

In: International Organizations Law Review
In: The EU as a Global Actor - Bridging Legal Theory and Practice
In: The EU as a Global Actor - Bridging Legal Theory and Practice