The International Responsibility of the European Union

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.

Autorentext

Malcolm Evans is Professor of Public International Law at the University of Bristol.
Panos Koutrakos is Professor of European Union Law at City University London.

Inhalt

Introduction
Malcolm Evans and Panos Koutrakos
PART I: SETTING THE SCENE
1 Attribution of International Responsibility: Direction and Control
Christian Tomuschat
2 EU International Responsibility and its Attribution: From the Inside Looking Out
Pieter Jan Kuijper and Esa Paasivirta
PART II: CURRENT APPROACHES TO INTERNATIONAL RESPONSIBILITY
3 Self-Control: International Organisations and the Quest for Accountability
Jan Klabbers
4 Approaches to Responsibility in International Courts
Malcolm Evans and Phoebe Okowa
5 International Responsibility of the EU and the European Court of Justice
Allan Rosas
PART III: TOOLS FOR DETERMINING RESPONSIBILITY
6 Erga Omnes, Jus Cogens and Their Impact on the Law of Responsibility
Christian J Tams and Alessandra Asteriti
7 EU Declarations of Competence and International Responsibility
Joni Heliskoski
PART IV: RESPONSIBILITY OF THE EU IN SUBSTANTIVE POLICY AREA
8 Responsibility of the European Union in the Context of Investment
Eileen Denza
9 The 'Odd Couple': The Responsibility of the EU at the WTO
Andrés Delgado Casteleiro and Joris Larik
10 The Wrong Trousers: State Responsibility and International Environmental Law
Catherine Redgwell
11 Common but Differentiated Responsibilities in EU Climate Change Law: A Case of Double Standards?
Chris Hilson
12 Beyond the Either/Or: Dual Attribution to the European Union and to the Member State for Breach of the ECHR
Enzo Cannizzaro
13 The International Responsibility of the Union in the Context of its CSDP Operations
Frederik Naert
14 EU Foreign, Security and Defence Policy: A Competence- Responsibility Gap?
Ramses A Wessel and Leonhard den Hertog
Postscript to Chapter 12
Enzo Cannizzaro