The Status of The European Union at The United Nations: Institutional Ambiguities and Political Realities

Kuijper, P.J.; Hoffmeister, Frank

doi:10.1007/978-90-6704-471-4_2

Cited by 28 publications

(6 citation statements)

References 12 publications

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“…decisions "by both the Council and the Representatives of the Governments of the Member 44 Epping (2014), p. 49. 45 See Wouters et al (2016); Hoffmeister and Kuijper (2006); Govaere et al (2004). 46 CJEU, opinion 2/91, ILO, ECLI:EU:C:1993:106, para.…”

Section: Sincere Cooperation In "Mixed" Agreementsmentioning

confidence: 99%

Sincere Cooperation in the Common Commercial Policy: Lisbon, a “Joined-Up” Union, and “Brexit”

Larik

2017

European Yearbook of International Economic Law 2017

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The article elaborates on the significance of the duty of sincere cooperation as a legal principle in the Common Commercial Policy (CCP) of the European Union (EU), in particular as regards the relationship between the Union and its Member States. It argues that while the duty of sincere cooperation is a judicially enforceable duty vis-a-vis the Member States, it is losing some of its relevance in the context of the CCP. This is due to the fact that the Lisbon Treaty, as confirmed by the case law of the Court of Justice of the EU, expanded the scope of the CCP and clearly identifies it as an exclusive competence of the Union. Loyalty in the CCP, therefore, is mainly covered by the obligation to respect the exclusivity of the Union's international powers in this area. While this does not equate to the disappearance of the Member States as actors in international economic governance, it does seriously constrain their leeway for autonomous action. In addition, the article applies this finding to a number of current developments surrounding the CCP. These include, firstly, the new Global Strategy for Foreign and Security Policy, which promotes the idea of a "joined-up" approach between different actors and policies; secondly, "Brexit" and the prospect of the United Kingdom negotiating new trade agreements of its own; thirdly, the position of the Member States in the WTO; and fourthly, the nature of the wave of new free trade agreements that the EU is negotiating and concluding.

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Section: Sincere Cooperation In "Mixed" Agreementsmentioning

confidence: 99%

Sincere Cooperation in the Common Commercial Policy: Lisbon, a “Joined-Up” Union, and “Brexit”

Larik

2017

European Yearbook of International Economic Law 2017

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“…Thus, even in areas where the EU has extensive competences, the EU may be barred from full participation in the global decision-making process (cf. the International Maritime Organization (IMO), the International Civil Aviation Organization (ICAO), the River Rhine Commissions, the International Energy Agency, the executive board of the UN High Commissioner for Refugees (UNHCR) or in bodies under the UN Convention on the Law of the Sea (UNCLOS) (Hoffmeister 2007;Hoffmeister and Kuijper 2006).…”

Section: 1mentioning

confidence: 99%

“…Research then reveals that the EU can have a legal position in another international organization or body either through full membership or through an observer status with a variety of legal rights and duties. Full membership is mainly found in areas where the EU has extensive competences (such as trade, fisheries and largely harmonized dimensions of the internal market) (Hoffmeister and Kuijper 2006).…”

Section: Membershipmentioning

confidence: 99%

The Legal Framework for the Participation of the European Union in International Institutions

Wessel

2011

Journal of European Integration

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This article addresses to what extent the current EU Treaties regulate the position of the EU in other international institutions. This is a legal question, which explains the strong focus on competences and treaty provisions. The main findings are therefore related to what the EU can do, how it can do this (and has done it) and what the division of competences is in relation to its member states. In that respect, it can be concluded that the Treaties do allow for the EU to be engaged in international institutions and even to become a full member of other international organizations or participate in treatyregimes, albeit that the Treaties do not at all present the relevant provisions in any coherent fashion.

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“…Finally, it is important to highlight here that on occasion the EU is also granted full participant status in some arrangements like the Commission on Sustainable Development, the WHO and UNESCO as regards treaty negotiations, in addition to world conferences such as the World Conference on Information Society. This form of access card, while not conferring voting rights, enables the EU to submit amendments, preside over meetings and serve as rapporteur (Hoffmeister/ Kuijper, 2006 In sum, each awarded legal status or what we refer to as an " access card" holds different rights and accordingly fosters different capacities. The European Union, while wishing to pursue full membership to more multilateral arrangements (Hoffmeister, 2007) including the rights therein, remains having to deal with the shortcomings and obstacles of observer and full participant status.…”

Section: Undp Unep Wfp) and Global Conferences Similar To That Of mentioning

confidence: 99%

Meeting the Challenges of a Multilateralized World? The Multilaterabilityy of the European Union

2008

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The Status of The European Union at The United Nations: Institutional Ambiguities and Political Realities

Cited by 28 publications

References 12 publications

Sincere Cooperation in the Common Commercial Policy: Lisbon, a “Joined-Up” Union, and “Brexit”

Sincere Cooperation in the Common Commercial Policy: Lisbon, a “Joined-Up” Union, and “Brexit”

The Legal Framework for the Participation of the European Union in International Institutions

Meeting the Challenges of a Multilateralized World? The Multilaterabilityy of the European Union

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