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Trade, Foreign Policy and Defence in EU Constitutional Law

Panos KoutrakosLecturer in Law, University of Durham

ISBN13: 9781841131665

ISBN: 1841131660

Published: March 2001

Publisher: Hart Publishing

Format: Hardback

Price: £120.00

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This work 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 analyzes 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.

Contents:: Introduction: the canvas - the two pillars, European Community and common foreign and security policy; the scope of the book; the structure of the book. The common foreign and security policy of the European Union: introduction; the past framework - genesis, development and treaty; common foreign and security policy under the Maastricht Treaty; the current framework - CFSP under the Amsterdam Treaty; the principles underpinning the CFSP of the European Union; conclusion. Economic sanctions by the member states - definition, general issues and past practice: introduction; definition and problems regarding the effectiveness of economic sanctions; the common commercial policy of the European Community; the first phase of the imposition of sanctions prior to TEU; the second phase of the imposition of sanctions prior to TEU; comment on the imposition of sanctions prior to the adoption of TEU; conclusion. Economic sanctions under the law of the European Union: introduction; typology of sanctions imposed under Article 301 EC; common features of sanction regimes imposed under Article 301 EC; the scope of Article 301 EC; the relationship between Articles 301 and 133 EC; the relationship between Articles 301 and 297 EC; problems raised by the application of the inter-pillar procedure established under Article 301 EC; conclusion. The Community regime on exports of dual-use goods to third countries: introduction; the establishment of common rules on the control of exports of dual-use goods under Regulation 3391/94; comment on the common rules on exports of dual-use goods established under Regulation 3381/94 and Decision 94/942/CFSP; the Commission's proposals on reforming the common rules on exports of dual-use goods; conclusion. The Court's approach to exports of dual-use goods to third countries: introduction; the general framework - political issues before the judiciary; the Court's approach towards exports of dual-use goods - trade and foreign policy as within a single normative framework; comment on the Court's rulings on exports of dual-use goods; the implications of the Court's approach for the legal regulation of exports of dual-use goods; conclusion. A fully-fledged approach tot he interactions between trade and foreign policy - the Court's case law on sanctions against third countries: introduction; the Bosphorus case; a step further - the Centro-Com case; the Court's approach fully applied - the Ebony Maritime case; the emergence of a fully-fledged approach to the linkage between trade and foreign policy; the Court's dynamic approach within the broader context of its jurisprudence; the emergence of the functional jurisdiction of the Court - adjudicating upon the pillars; conclusion. The regulation of defence products under the law of the European Union: introduction; the multifarious functions of security; Community practice under Article 296(1)(b) EC. (Part Contents).