The International Responsibility of the European Union

European and International Perspectives

Malcolm Evans, Panos Koutrakos, Malcolm Evans, Panos Koutrakos

• Publisher: Hart Publishing
• Year: 2013
• Print ISBN:
  9781849463287
• Edition: 1
• eBook ISBN:
  9781782251026
• Topic: Law
• Subtopic: International Law
• Index: Law

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

Table of contents

• Cover
• Prelims
• Acknowledgement
• Contents
• List of Contributors
• Introduction
• Part I. Setting the Scene
• 1. Attribution of International Responsibility: Direction and Control
• 2. EU International Responsibility and its Attribution: From the Inside Looking Out
• Part II. Current Approaches to International Responsibility
• 3. Self-Control: International Organisations and the Quest for Accountability
• 4. Approaches to Responsibiltiy in International Courts
• 5. International Responsibilty of the EU and the European Court of Justice
• Part III. Tools for Determining Responsibility
• 6. Erga Omnes, Jus Cogens and Their Impact on the Law of Responsibility
• 7. EU Declarations of Competence and International Responsibility
• Part IV. Responsibility of the EU in Substantive Policy Areas
• 8. Responsibility of the European Union in the Context of Investment
• 9. The 'Odd Couple': The Responsibility of the EU at the WTO
• 10. The Wrong Trousers: State Responsibility and International Environmental Law
• 11. Common but Differentiated Responsibilites in EU Climate Change Law: A Case of Double Standards?
• 12. Beyond the Either/Or: Dual Attribution to the European Union and to the Member State for Breach of the ECHR
• 13. The International Responsibility of the Union in the Context of its CSDP Operations
• 14. EU Foreign, Security and Defence Policy: A Competence-Responsibility Gap?
• Postscript to Chapter 12
• Index