The European Union and the Use of Force.
- 1st ed.
- 1 online resource (358 pages)
- Studies in EU External Relations Series ; v.17 .
- Studies in EU External Relations Series .
Half Title -- Series Information -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgements -- Abbreviations -- Introduction The European Union as an Emerging International Military Actor -- Chapter 1 The European Union and the Use of Force: a European Perspective -- i Introduction -- ii The Development of a Military Role for the European Union: from the European Defence Community to the Treaty of Nice -- A The Creation of a European Army? -- B The 1960s and a Union of States? -- C The Western European Union -- D European Political Cooperation outside the Treaty Framework -- E The Single European Act -- F The Treaty of Maastricht -- G The Treaty of Amsterdam -- H Developments Leading Up to the Treaty of Nice: the European Security and Defence Identity and the Birth of the European Common Security and Defence Policy -- I European Council Meetings in Cologne and Helsinki: Preparing the EU for Military Crisis Management Operations -- J The European Security Strategy -- K The Treaty of Nice -- iii The Common Security and Defence Policy in the Treaty of Lisbon and Beyond -- A Scope of the Common Security and Defence Policy -- B Objectives of the Common Security and Defence Policy -- C The EU Global Strategy -- D Integration of the European Defence Agency into the Treaty Framework -- E New Institutions - the High Representative, the European External Action Service and the Permanent President -- F csdp Instruments -- G Procedure for the Adoption of csdp Instruments -- H Implementation of csdp Instruments -- iv The Planning, Launch and Conduct of a Military Crisis Management Operation -- A Planning for a European Military Operation -- B Force Generation and the Costs of Military csdp Operations -- C Command and Control during the Conduct of a European Military Operation -- D Status of Force Agreements. E Participation of Third States -- v Conclusion -- Chapter 2 The EU, Its Member States and the Use of Force: Emerging Signs of European Integration in the Common Security and Defence Policy? -- i Introduction -- ii International Legal Personality of the European Union and a European Competence in Military Matters -- A The International Legal Personality of the European Union -- B Excursus: International Legal Personality of the EU Prior to the Entry into Force of the Treaty of Lisbon -- C International Legal Personality and Autonomy -- D European Union Competence -- iii European Union Autonomy versus Member State Autonomy in Military Crisis Management Operations -- A The Decision-Making Process -- B Legal Effects Created by Operational Council Decisions -- C Loyalty Obligations -- D Autonomy of the European Union during the Implementation Phase of Military Crisis Management Operations -- iv Different Roles for the European Union in the Military Context: the Clearing House Mechanism and the Concept of Enhanced Cooperation -- A The Clearing House Mechanism -- B The Concept of Enhanced Cooperation -- v Taking on Greater Responsibility for European Security and Deeper Defence Cooperation -- A Permanent Structured Cooperation -- B The Coordinated Annual Review on Defence and the European Defence Fund -- vi Conclusion -- Chapter 3 The Place of the European Union as a Military Actor in the International Legal Order: Chapters vii and viii of the UN Charter and the Development of the Responsibility to Protect -- i Introduction -- ii The Use of Force and the UN's System of Collective Security -- A UN Security Council Authorisation to Use All Necessary Means -- B Peacekeeping -- C The European Union and the Use of Force as a Non-Member of the United Nations -- iii The European Union within the UN Charter Framework -- iv The European Union and a Common Defence. A Article 42(7) teu - A Mutual Assistance Clause or Collective Defence Obligation? -- B The Solidarity Clause -- v The European Union and the Responsibility to Protect -- A From Humanitarian Interventions to the Responsibility to Protect -- B The Responsibility to Protect -- C The United Nations and the Responsibility to Protect -- D The Significance of the R2P Debate -- E Regional Organisations and the Responsibility to Protect -- F The European Union's Commitment to the Responsibility to Protect - The Case of Libya and Syria -- vi Conclusion -- Chapter 4 The European Union-United Nations Partnership in Practice -- i Introduction -- ii The European Union and the United Nations: an Evolving Partnership -- A The Clearing House Process and European Military Operations in Support of the United Nations -- B Rapid Response -- C European Union-United Nations Cooperation and Peacekeeping -- iii The European Union and the United Nations: the Partnership in Practice -- A Autonomous European Military Operations -- B The Clearing House Mechanism -- C The United Nations and the European Union: Towards 'Partnership Peacekeeping' -- iv The European Union at the United Nations -- A The European Union at the General Assembly -- B The European Union at the UN Security Council -- v Conclusion -- Chapter 5 The European Union's Relationship with UN Security Council Resolutions Authorising the Use of Force: a European Perspective -- i Introduction -- ii The European Union and International Law -- A EU Law References to International Law and the United Nations Charter -- B Article 3(5) teu -- C European Union Case Law on UN Security Council Resolutions - Bosphorus and Ebony Maritime: The Interpretation of Community Regulations Implementing UN Security Council Resolutions. iii The European Union and Kadi - from the Primacy of International Law to the Autonomy of the European Union Legal Order -- A The Legal Significance of the Kadi Case -- B Kadi and the Court of First Instance -- C Kadi and the Opinion of Advocate General Maduro -- D Kadi and the European Court of Justice -- E The Aftermath of Kadi -- iv The European Union's Legal Relationship with UN Security Council Resolutions: a Case of Functional Substitution? -- A The International Fruit Company Case -- B The International Fruit Company Case and UN Security Council Resolutions Imposing Economic Sanctions -- C The International Fruit Company Case and UN Security Council Resolutions Authorising the Use of Force -- v Conclusion -- Chapter 6 The Implications of Silence in the Context of the Use of Force -- i Introduction -- ii Silence as a Legal Concept -- iii The Silence of the UN Security Council in the Context of the Use of Force - Implied Authorisation? -- A Revived Authorisation to Use Force - Operation Iraqi Freedom (2003) -- 1 The Invasion of Kuwait -- 2 The War against Iraq in 2003 -- B Ex post Authorisation through Acceptance and a Lack of Condemnation -- 1 ecowas and Liberia -- 2 nato and Kosovo -- 3 The US, the UK, France and Syria -- C Concluding Remarks -- iv Silence within the EU's Common Security and Defence Policy -- A The Structure of the Common Security and Defence Policy -- B The Acquis Sécuritaire -- C Origins and Nature of the Acquis -- D Loyalty Obligations -- v Conclusion -- Chapter 7 Responsibility and Accountability of the European Union for Violations of Human Rights and International Humanitarian Law Committed in the Context of European Military Crisis Management Operations -- i Introduction -- ii Accountability -- iii International Responsibility of the European Union. A The European Union's Relationship with Human Rights and International Humanitarian Law -- B Attribution of Conduct to the European Union -- C The Common Security and Defence Policy and the Courts -- D The General Lack of Jurisdiction of the cjeu in Matters Falling within the cfsp -- 1 The First Exception and the Scope of Article 40 teu -- 2 The Second Exception and the Scope of Restrictive Measures -- 3 The Second Exception and the Review of the Legality of Decisions Providing for Restrictive Measures -- 4 The Court's General Jurisdiction Covering Matters with a Mere Connection to the Common Foreign and Security Policy -- 5 Evaluation -- 6 Remaining Questions -- E The Role of Member State Courts -- F The European Court of Human Rights and Its Potential Role in the Common Security and Defence Policy -- G International Courts and the Domestic Courts of Third States -- iv Political Accountability and the European Parliament's Role in the Common Security and Defence Policy -- v Conclusion -- General Conclusion -- Bibliography -- Index.
In The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the legal framework for the EU's military crisis management operations.
9789004356078
Humanitarian law-European Union countries. Humanitarian intervention-European Union countries.