Trade, foreign policy, and defence in EU constitutional law :
[Book]
the legal regulation of sanctions, exports of dual-use goods and armaments /
Panos Koutrakos.
Portland, Or. :
Hart Pub.,
2001.
1 online resource (xxxi, 243 pages)
Includes bibliographical references (pages 227-238) and index.
Half Title Page; Title Page; Title verso; Acknowledgements; Outline Table of Contents; Contents; Tables of Equivalences referred to in Article 12 of the Treaty of Amsterdam; Table of Cases; Table of Legislation; 1. Introduction; 1. THE CANVAS: THE TWO PILLARS, EUROPEAN COMMUNITY AND COMMON FOREIGN AND SECURITY POLICY; 2. THE SCOPE OF THE BOOK; 3. THE STRUCTURE OF THE BOOK; 2. The Common Foreign and Security Policy of the European Union; 1. INTRODUCTION; 2. THE PAST FRAMEWORK: GENESIS, DEVELOPMENT AND TREATY RECOGNITION OF EUROPEAN POLITICAL CO-OPERATION.
3. COMMON FOREIGN AND SECURITY POLICY UNDER THE MAASTRICHT TREATY4. THE CURRENT FRAMEWORK: CFSP UNDER THE AMSTERDAM TREATY; 5. THE PRINCIPLES UNDERPINNING THE CFSP OF THE EUROPEAN UNION; 6. CONCLUSION; 3. Economic Sanctions by the Member States: Definition, General Issues and Past Practice; 1. INTRODUCTION; 2. DEFINITION AND PROBLEMS REGARDING THE EFFECTIVENESS OF ECONOMIC SANCTIONS; 3. THE COMMON COMMERCIAL POLICY OF THE EUROPEAN COMMUNITY; 4. THE FIRST PHASE OF THE IMPOSITION OF SANCTIONS PRIOR TO TEU: NATIONAL MEASURES AND THE RELEVANCE OF ARTICLE 297 EC.
5. THE SECOND PHASE OF THE IMPOSITION OF SANCTIONS PRIOR TO TEU: RECOURSE TO COMMUNITY LAW UNDER ARTICLE 133 EC6. COMMENT ON THE IMPOSITION OF SANCTIONS PRIOR TO THE ADOPTION OF TEU; 7. CONCLUSION; 4. Economic Sanctions under the Law of the European Union; 1. INTRODUCTION; 2. TYPOLOGY OF SANCTIONS IMPOSED UNDER ARTICLE 301 EC; 3. COMMON FEATURES OF SANCTION REGIMES IMPOSED UNDER ARTICLE 301 EC; 4. THE SCOPE OF ARTICLE 301 EC; 5. THE RELATIONSHIP BETWEEN ARTICLES 301 AND 133 EC; 6. THE RELATIONSHIP BETWEEN ARTICLES 301 AND 297 EC.
6. The Court''s Approach to Exports of Dual-use Goods to Third Countries1. INTRODUCTION; 2. THE GENERAL FRAMEWORK: POLITICAL ISSUES BEFORE THE JUDICIARY; 3. THE COURT'S APPROACH TOWARDS EXPORTS OF DUAL-USE GOODS: TRADE AND FOREIGN POLICY AS WITHIN A SINGLE NORMATIVE FRAMEWORK; 4. COMMENT ON THE COURT'S RULINGS ON EXPORTS OF DUAL-USE GOODS; 5. THE IMPLICATIONS OF THE COURT'S APPROACH FOR THE LEGAL REGULATION OF EXPORTS OF DUAL-USE GOODS; 6. CONCLUSION; 7. A Fully-fledged Approach to the Interactions between Trade and Foreign Policy: The Court''s Case Law on Sanctions against Third Countries.
7. PROBLEMS RAISED BY THE APPLICATION OF THE INTER-PILLAR PROCEDURE ESTABLISHED UNDER ARTICLE 301 EC8. CONCLUSION; 5. The Community Regime on Exports of Dual-use Goods to Third Countries; 1. INTRODUCTION; 2. THE ESTABLISHMENT OF COMMON RULES ON THE CONTROL OF EXPORTS OF DUAL-USE GOODS UNDER REGULATION 3381/94; 3. COMMENT ON THE COMMON RULES ON EXPORTS OF DUAL-USE GOODS ESTABLISHED UNDER REGULATION 3381/94 AND DECISION 94/942/CFSP; 4. THE COMMISSION'S PROPOSALS ON REFORMING THE COMMON RULES ON EXPORTS OF DUAL-USE GOODS; 5. CONCLUSION.
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This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy, it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
MIL
80820
Trade, foreign policy, and defence in EU constitutional law.
Foreign trade regulation-- European Union countries.
Military law-- European Union countries.
Außenhandel
Buitenlandse politiek.
Diplomatic relations-- Law and legislation.
Diplomatic relations.
Europees recht.
Foreign trade regulation.
Internationaal handelsrecht.
Internationale veiligheid.
Internationales Recht
LAW-- International.
Military law.
Military policy.
Sicherheitspolitik
European Union countries, Foreign relations, Law and legislation.