The EU and its Member States' Joint Participation in International Agreements

EU law has developed a complex system allowing the Union and its Member States to act under international law separately, jointly, or in parallel. This book assesses how EU law has adapted to cope with the constraints of international law in situations where the EU and its Member States act jointly with other States and international organizations. Each chapter is jointly written by a team of two authors, offering new insights into the tension between EU and international law obligations.

Format: Hardback
Length: 328 pages
Publication date: 24 February 2022
Publisher: Bloomsbury Publishing PLC

The European Union (EU) has established a distinctive and intricate legal framework that enables both the Union and its Member States to engage in international law operations individually, collectively, or in parallel. The framework has been developed to address the complexities and hybrid arrangements that arise in situations where the EU and its Member States coordinate their actions with other States and international organizations. This book aims to assess how EU law has been adapted to navigate the challenges posed by international law in instances where the EU and its Member States engage jointly in relations with other States and international organizations.

To achieve this, the book adopts a unique scholarly approach, reflecting the dual nature of EU and international law. Each chapter is collaboratively written by a team of two authors, bringing together diverse perspectives and expertise. The various contributions in the book offer fresh insights into the ongoing tension between EU and international law obligations regarding the (joint) participation of the EU and its Member States in international agreements.

The first chapter explores the historical background and legal foundations of EU law, highlighting its distinctiveness from national laws and its role as a supranational legal entity. It examines the challenges posed by the EU's dual nature and the need for a legal framework that accommodates both its internal and external dimensions.

The second chapter examines the EU's legal framework for international cooperation, including the Treaties, the EU's Charter of Fundamental Rights, and the European Convention on Human Rights. It explores how these legal instruments shape the EU's approach to international law and the extent to which they provide a basis for joint action with other States and international organizations.

The third chapter examines the EU's participation in international agreements, including the United Nations, the World Trade Organization, and regional organizations. It explores the legal implications of the EU's joint participation in these agreements and the challenges that arise from the differing legal frameworks and obligations of the EU and its Member States.

The fourth chapter examines the role of the European Court of Justice (ECJ) in interpreting EU law and international law in situations of joint action. It discusses the ECJ's approach to resolving conflicts between EU and international law obligations and the impact of its rulings on the EU's ability to engage jointly with other States and international organizations.

The fifth chapter examines the potential for further development of EU law in response to the challenges posed by international law. It discusses the role of the EU's institutions, including the European Commission and the European Parliament, in shaping EU law and the role of the EU's legal framework in promoting international cooperation.

The sixth chapter concludes the book by summarizing the key findings and offering recommendations for future research and policy development. It emphasizes the importance of continued dialogue and cooperation between EU and international law to address the complex challenges that arise in situations of joint action.

In conclusion, this book provides a valuable contribution to the study of EU law and international law. It offers new insights into the complex dynamics between EU and international law obligations and the challenges that arise in situations of joint action. The collaborative approach adopted by the authors ensures that a wide range of perspectives and expertise are brought to bear on the topic. The book is a must-read for scholars, practitioners, and policymakers interested in understanding the evolving relationship between EU law and international law in the context of global governance.

Weight: 636g
Dimension: 163 x 240 x 24 (mm)
ISBN-13: 9781509945870