This book identified the wide range of substantive, institutional, and procedural links that bring together the legal and policy aspects of the European Union’s Common Foreign and Security Policy. Having unpacked the development of the practice of CFSP and the Common Security and Defence Policy (including civilian missions, military operations, capabilities, and non-proliferation of weapons of mass destruction), the book then conceptualized the way in which these interact with other external policies in the fields of energy, sanctions, trade, development cooperation, humanitarian aid, health security, and cybersecurity, as well as the Area of Freedom, Security and Justice, and the European Neighbourhood Policy. This is multi-layered and fast-moving policy of a broad scope and a dynamic legal framework. The analysis, then, stepped back and examined CFSP against a broader conceptual canvas, reflecting on the type of actor that the EU has become, the third parties, expectations of its actorness, and the role of law and ethics in the development of the policy.
Steven Blockmans and Panos Koutrakos
The Common Foreign and Security Policy of the European Union has been carried out in a rapidly changing policy and legal context. This book aims to explore a number of threads that underpin this context. In doing so, it will achieve the following objectives. First, it will analyse the intrinsic links (institutional, procedural, substantive) between the EU’s legal rules and procedures and the deeply politicized context within which these are applied in the evolving external action of the Union. Second, it will identify legal challenges to the implementation of an integrated approach to EU external action and to gauge their implications for both the legal and policy frameworks of the CFSP. Third, it will examine the extent to which the legal framework and practice in CFSP is governed by flexibility and contributes to the efficient and effective conduct of the Union’s external action. Finally, it will identify new trends emerging from the practice of CFSP.
Edited by Steven Blockmans and Panos Koutrakos
Issues, Challenges and National Policies
Edited by Joseph S. Szyliowicz and Luca Zamparini
Joseph S. Szyliowicz and Luca Zamparini
This chapter reviews the binding character of Security Council decisions under Chapter VII or Article 94 § 2 of the Charter. It covers the priority of obligations under the Charter over other international obligations, with reference to Article 103 of the Charter and the material and personal scope of its application, as well as the right of States affected by Security Council measures to be heard and, in some cases, to receive assistance, with reference to Article 50 of the Charter.
The law of neutrality governs relations between belligerent and non-belligerent States in a situation of international armed conflict, when the non-belligerent State does not support the war effort of the belligerent one. Traditionally, three particular concepts then apply: ordinary neutrality; perpetual neutrality; the policy of neutrality. This chapter examines these concepts.
Chapter VII of the Charter is based on two foundational ideas: the quest for a strong executive and the right of veto of the five permanent members of the Security Council. These concepts are explored in this chapter. It also examines the issue of when to take action under Chapter VII and the powers of the Security Council – their value and limits.
This chapter begins by outlining the history and basis of peace-keeping operations. It goes on to examine the principles and methods governing the organisation of UN forces, various developments in peace-keeping, and regional peace-keeping operations.
This chapter looks at exceptions to the prohibition against the use of force, with particular reference to the concept of self-defence and Article 51 of the Charter. It also details a number of customary exceptions to the prohibition against the use of force.