EU External Relations Law: The Cases in Context

Name: EU External Relations Law: The Cases in Context
Brand: Hart Publishing
SKU: 9781509939695
Price: 3719.95 HKD
Availability: InStock
Author: Graham Butler; Ramses A. Wessel
ISBN: 9781509939695

Edited by Graham Butler · Ramses A. Wessel

Hart Publishing June 2022

Specifications

ISBN-13: 9781509939695
Publisher: Hart Publishing
Publication: June 2022
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field.

The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others.

The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.

EU External Relations Law and Navigating the Case Law of the Court of Justice of the European Union

Graham Butler and Ramses A Wessel

1. Implied Powers of the EU, Limits to Political Expediency and Internationally Inspired Pragmatism: Commission v Council (ERTA)

Inge Govaere

2. International Agreements in the EU Legal Order: International Fruit

Alessandro Petti and Joanne Scott

3. International Agreements as an Integral Part of EU Law: Haegeman

Ramses A Wessel

4. Common Commercial Policy and the Determination of Exclusivity: Opinion 1/75 (Local Cost Standard)

Marise Cremona and Jaka Kukavica

5. The EU Customs Union, International Agreements of EU Member States and the Doctrine of Substitution: Nederlandse Spoorwegen

Graham Butler

6. Establishing Direct Effect of Provisions in International Agreements: Bresciani

Timothy Roes

7. Refining and Expanding Implied Powers of the Union: Kramer

Tobias Lock

8. Linking Internal and External Trade in a Perfect Customs Union: Donckerwolcke

Piet Eeckhout

9. EU External Competence in the Absence of Internal Rules, and the Sleeping Beauty: Opinion 1/76 (Laying Up Fund for Inland Waterway Vessels)

Allan Rosas

10. The Birth of the Principle of Close Cooperation, Declaration of Competences, and the Ruling Procedure: Ruling 1/78 (Convention on Nuclear Protection)

Anna Södersten

11. Defining the Scope of the Treaty-Making Competence for the Formulation of the Common Commercial Policy: Opinion 1/78 (Natural Rubber)

Per Cramér

12. International Agreements Concluded by Member States Prior to their EU Accession: Burgoa

Panos Koutrakos

13. The Purpose of International Agreements and their Direct Effect: Polydor

Jan Klabbers

14. Status and Enforceability of EU International Agreements within the Domestic Legal Systems of the Member States: Kupferberg

Eleftheria Neframi

15. The EU's Common Customs Tariff, Uniform Application of International Agreements, and the Demarcation between EU and Member State 'Spheres of International Law': SPI/SAMI

Dylan Geraets

16. Direct Effect of Association Agreements and the Meaning of 'Association': Demirel

Guillaume Van der Loo

17. Judicial Review of EU Measures in the Light of WTO Rules: Fediol and Nakajima

Tamara Perišin and Ilektra Antonaki

18. The Integration of Decisions of Association Councils in EU Law: Greece v Commission (Special Aid to Turkey)

Fernando Castillo de la Torre

19. The Legal Effects of Decisions of Autonomous Bodies Established under an International Agreement: Sevince

Nathan Cambien

20. The Union's Participation in Legally Binding International Third-Party Dispute Settlement: Opinion 1/91 (EEA I) and Opinion 1/92 (EEA II)

Esa Paasivirta

21. Setting the Multiple Functions of Customary International Law in the EU Legal Order: Poulsen

Charlotte Beaucillon

22. ERTA, Mixity and the Duty of Cooperation in the Conclusion of International Agreements: Opinion 2/91 (ILO Convention)

Mirka Kuisma

23. The Reviewability of Acts Adopted by the Member States Meeting within the Council: Parliament v Council and Commission (Bangladesh Aid)

Luca Pantaleo

24. Legality of the European Development Fund and the European Parliament's Prerogatives: Parliament v Council (European Development Fund)

Sandra Bartelt

25. Unrecognised 'States' and EU Law: Anastasiou I

Alina Tryfonidou

26. No General Treaty-Making Power of the Commission to Conclude International Administrative Agreements: France v Commission I

Andrea Ott

27. Consistent Interpretation and Continuous Dialogue between the EU and the WTO: Germany v Council (Bananas)

Joseph A McMahon

28. A Setback in a Never-Ending Expansion to External Competence? Opinion 1/94 (WTO)

Enzo Cannizzaro

29. The Scope of the Union's Exclusive External Competences and the Verification of Competence: Opinion 2/92 (OECD)

Daniel Sarmiento

30. Unilateral Measures of Member States Affecting the Internal Market and the Law/Politics Divide in External Relations: Commission v Greece (FYROM)

Henri de Waele

31. EU Membership in International Organisations and the Joint Exercise of Membership Rights: Commission v Council (FAO)

Rita Guerreiro Teixeira and Jan Wouters

32. The First Attempt at EU Accession to the ECHR: Opinion 2/94

Stian Oby Johansen

33. Enforcement of International Sanctions within the EU Legal Order: Bosphorus

Aindrias Ó Caoimh

34. Scope of EU Development Policy: Portugal v Council (India Cooperation Agreement)

Morten Broberg

35. Legal Certainty and Customary International Law: Opel Austria

Marcus Klamert

36. Invoking Customary International Law before the Court: Racke

Jed Odermatt

37. The Effect of WTO Law in the EU Legal Order: Portugal v Council

Holger P Hestermeyer

38. The Member States' Duty to Denounce Anterior Treaties: Commission v Portugal (Maritime Policies)

Hannes Lenk

39. The Relationship between the Common Commercial Policy and Other External Competences of the EU: Opinion 2/00 (Cartagena Protocol)

Koen Lenaerts and Stanislas Adam

40. Autonomy of the EU Legal Order and International Agreements Extending the Acquis: Opinion 1/00 (European Common Aviation Area)

Cécile Rapoport

41. Clarification of Exclusive Implied External Competence of the Union: Open Skies

Wybe Th Douma

42. Respect for Institutional Balance in the Adoption of Non-legally Binding Agreements: France v Commission II

Paula García Andrade

43. The Effect of WTO Dispute Settlement Body Decisions in EU Law: Van Parys

Karsten Engsig Sorensen

44. Direct Effect of the EU–Russia Partnership and Cooperation Agreement, Non-discrimination and the Beautiful Game: Simutenkov

Adam Lazowski

45. The Indissociable Link between Environmental Policy and the Common Commercial Policy: Commission v Council (Rotterdam Convention I)

Geert De Baere

46. Lowering the Threshold for Finding Implied Powers: Opinion 1/03 (Lugano Convention)

Merijn Chamon

47. The Exclusive Jurisdiction of the Court and International Courts: Commission v Ireland (Mox Plant)

Andrés Delgado Casteleiro

48. Judicial Protection in Autonomous Restrictive Measures Involving Composite Administrative Procedures: OMPI

Trevor Redmond

49. The Autonomy of EU Law vis-a-vis International Law: Kadi I and Kadi II

Christina Eckes

50. Laying the Foundation for a Broad Scope of EU Development Cooperation Policy and its Delimitation with Other EU External Competence: Parliament v Commission (Philippines Border Management)

Tina Van den Sanden

51. The Pre-Lisbon Machinery for the Delimitation of the CFSP: Commission v Council (ECOWAS)

Rass Holdgaard and Gustav Krohn Schaldemose

52. The Legal Effects of the MARPOL Convention and the UN Convention on the Law of the Sea: Intertanko

Mario Mendez

53. Implied External Exclusivity and the Duty of Loyal Cooperation in International Organisations: Commission v Greece (International Maritime Organisation)

Thomas Ramopoulos

54. Visa Requirements for Turkish Citizens: Soysal & Savatli and Demirkan

Bruno De Witte

55. The Application of EU Law in an Unrecognised Entity: Apostolides v Orams

Nikos Skoutaris

56. Potential Incompatibility of International Agreements Concluded by Member States before Accession: Commission v Austria, Commission v Sweden and Commission v Finland

Luigi Lonardo

57. The Application of EU International Agreements to Occupied and Disputed Territories: Brita

Paul James Cardwell

58. Union Loyalty in Mixed External Relations and the Weight of Informal Preparatory Acts: Commission v Sweden (PFOS)

Pieter Jan Kuijper

59. The Ambivalent Clarifi cation of the Effects of International Conventional and Customary Law in the European Union: Air Transport Association of America

Isabelle Bosse-Platiere

60. The Choice of Legal Basis between the AFSJ and the CFSP: Parliament v Council (Smart Sanctions)

José Manuel Cortés Martín and Gloria Fernández Arribas

61. Common Commercial Policy or Internal Market Rules as the Legal Basis for the Conclusion of International Agreements after Lisbon: Commission v Council (Conditional Access Convention)

Roberto Mastroianni and Giorgia Lo Tauro

62. The Choice of Legal Basis for Coordination of Social Security Systems with Associated Third Countries: UK v Council (EEC–Turkey)

Katarina Hyltén-Cavallius

63. Jurisdiction of the EU Courts in the CFSP when Linked to the EU Budget: Elitaliana

Ricardo da Silva Passos

64. Intellectual Property and the Post-Lisbon Common Commercial Policy: Daiichi Sankyo

Joris Larik

65. The Application of EU Internal Competences in an External Context: UK v Council (EEA)

Tarjei Bekkedal

66. The Normalisation of CFSP International Agreements in the EU Legal Order: Parliament v Council (Mauritius) and Parliament v Council (Tanzania)

Juan Santos Vara

67. The Legal Basis for International Agreements in the fi eld of Development Cooperation Post-Lisbon, and its Potential as a Catch-All Provision: Commission v Council (Philippines PCA)

Stephan Marquardt and Soledad Rodríguez Sánchez-Tabernero

68. Member States as Trustees of the Union in International Organisations: Germany v Council (OIV)

Theodore Konstadinides

69. The ERTA Doctrine Post-Lisbon: Opinion 1/13 (Convention on the Civil Aspects of International Child Abduction)

Christian Thorning

70. The Second Attempt at EU Accession to the ECHR: Opinion 2/13

Katja S Ziegler

71. The Impact of Obligations under International Agreements on the (Judicial) Review of EU Measures: Stichting Natuur en Milieu and Pesticide Action Network Europe

Anne Thies

72. Hybrid Acts of the EU and its Member States Concerning International Agreements: Commission v Council (US Air Transport Agreement)

Joni Heliskoski

73. Balancing Institutional Powers in Negotiating Directives and EU External Environmental Relations: Commission v Council (Australia ETS)

Sanja Bogojevic

74. EU Representation in International Litigation: Council v Commission (International Tribunal for the Law of the Sea)

Alexander Kornezov

75. The Compatibility of EU International Agreements Extending to Occupied Territories with International Law: Front Polisario and Western Sahara Campaign UK

Eva Kassoti

76. The Scope of the Court's Jurisdiction in the CFSP: H v Council and Others

Luca Prete

77. Institutional Balance in the Conclusion of Non-binding International Agreements Revisited: Council v Commission (Swiss MoU)

Anders Neergaard

78. The Concept of (Non-)Commerciality and the ERTA Doctrine Post-Lisbon: Opinion 3/15 (Marrakesh Treaty)

Gesa Kübek

79. Attribution of Authorship of 'EU' Legal Acts: NF and Others v European Council

Mauro Gatti

80. The Absence of Rights to Humanitarian Visas, and Missions of EU Member States in Third Countries: X and X v Belgium

Louise Halleskov

81. Securing a Coherent System of Judicial Protection in Relation to Restrictive Measures: Rosneft

Peter Van Elsuwege

82. The EU Competence to Conclude the New Generation of Free Trade Agreements: Opinion 2/15 (EU–Singapore FTA)

Christine Kaddous

83. International Agreements Assessed Through the Prism of the Charter of Fundamental Rights: Opinion 1/15 (EU–Canada PNR)

Suzanne Kingston

84. The Unitary Representation of the Union in an International Forum and Clarification of Shared Competence and Facultative Mixity Post-Lisbon: Germany v Council (COTIF I) and Commission v Germany (COTIF II)

Maciej Szpunar and Roland Klages

85. The Web of Autonomy of the EU Legal Order: Achmea

Xavier Groussot and Marja-Liisa Öberg

86. The Delineation between CFSP and Non-CFSP Matters: Commission v Council (Kazakhstan)

Thomas Verellen

87. Mixity and Exercising Shared Competence in International Fora: Commission v Council (Antarctic Marine Protected Areas)

Frederik Naert

88. Investor–State Dispute Tribunals Established under EU International Agreements: Opinion 1/17 (EU–Canada CETA)

Kieran Bradley

89. Ensuring Respect for International Humanitarian Law Through Labelling Requirements: OJE and Vignoble Psagot

Sara Poli

90. Inter se Agreements between Member States, and the Outer Limits of the Court's Jurisdiction in Infringement Proceedings: Slovenia v Croatia