Graham Butler

Eu External Relations Law

The Cases in Context
Herausgeber: Wessel, Ramses A

• Gebundenes Buch

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury Publishing PLC
• Seitenzahl: 1046
• Erscheinungstermin: 1. Juni 2022
• Englisch
• Abmessung: 250mm x 175mm x 60mm
• Gewicht: 1930g
• ISBN-13: 9781509939695
• ISBN-10: 1509939695
• Artikelnr.: 62476054

Autorenporträt

Graham Butler is Associate Professor of Law at Aarhus University, Denmark. Ramses A Wessel is Professor of European Law at the University of Groningen, the Netherlands.

Inhaltsangabe

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 Perisin 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
Federico Casolari
91. Jurisdiction of the Court for Non-contractual Liability and Actions for
Damages Claims within the CFSP: Bank Refah Kargaran
Graham Butler and Ramses A Wessel
92. The Right of Third States to Challenge EU Restrictive Measures before
the Court: Venezuela v Council
Francesca Finelli