Ensuring Respect: The European Union's Guidelines on Promoting Compliance With International Humanitarian Law

2010 ◽  
Vol 43 (2) ◽  
pp. 381-413 ◽  
Author(s):  
Andrea Breslin
Keyword(s):  
European Union ◽  
International Law ◽  
Union Member ◽  
External Action ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Regional Organization ◽  
European Union Member States ◽  
Background Content

The European Union as a prominent regional organization is increasingly expected to contribute positively in terms of the promotion of certain values, both by European Union citizens and by the international community. These values include the promotion and development of international law, including international humanitarian law. The focus of this Article is on the influence, actual and potential, of the European Union in terms of promoting humanitarian law externally, and on ensuring respect of humanitarian law by third States. It briefly discusses the evolution of the duty to ensure respect and outlines the relevance of international humanitarian law to the external action of the European Union. The European Union Guidelines on Promoting Compliance with International Humanitarian Law are introduced and the background, content, and potential are explored. While not constituting binding law, these guidelines represent the position of the European Union in relation to promoting humanitarian law externally and reflect the responsibilities of European Union Member States with regard to ensuring respect for humanitarian law.

Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442
Keyword(s):  
European Union ◽  
International Law ◽  
West Bank ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Purchasing Decisions ◽  
Ethical Considerations ◽  
Occupied Territories ◽  
East Jerusalem

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

scholarly journals Castaño avoids a clash between the ECtHR and the CJEU, but erodes Soering. Thinking human rights transnationally

2020 ◽  
pp. 203228442097974
Author(s):  
Sibel Top ◽  
Paul De Hert
Keyword(s):  
European Union ◽  
Human Rights ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Criminal Matters ◽  
European Union Member States

This article examines the changing balance established by the European Court of Human Rights (ECtHR) between human rights filters to extradition and the obligation to cooperate and how this shift of rationale brought the Court closer to the position of the Court of Justice of the European Union (CJEU) in that respect. The article argues that the ECtHR initially adopted a position whereby it prioritised human rights concerns over extraditions, but that it later nuanced that approach by establishing, in some cases, an obligation to cooperate to ensure proper respect of human rights. This refinement of its position brought the ECtHR closer to the approach adopted by the CJEU that traditionally put the obligation to cooperate above human rights concerns. In recent years, however, the CJEU also backtracked to some extent from its uncompromising attitude on the obligation to cooperate, which enabled a convergence of the rationales of the two Courts. Although this alignment of the Courts was necessary to mitigate the conflicting obligations of European Union Member States towards both Courts, this article warns against the danger of making too many human rights concessions to cooperation in criminal matters.

scholarly journals General Government Debt and Budget Deficit as Threats to Economic Security of the European Union Countries

2019 ◽  
Vol 53 (1) ◽  
pp. 55-67
Author(s):  
Grzegorz Górniewicz
Keyword(s):  
European Union ◽  
Budget Deficit ◽  
Union Member ◽  
Descriptive Analysis ◽  
Government Debt ◽  
Economic Security ◽  
The European Union ◽  
Statistical Data Analysis ◽  
General Government ◽  
European Union Member States

Abstract The aim of the article is to present budget deficit and government debt in the European Union member states, with particular consideration of the countries that belong to the PIIGS group. This paper has focused on the scale of these phenomena, on their reasons and on some attempts made to improve the unfavourable situation. In the main thesis presented in the article, it is stated that budget deficit and general government debt come as significant threats to economic security of the European Union (EU) countries. The research methods that have been applied in the study involve descriptive analysis and statistical data analysis.

GLOBAL DIMENSION OF INNOVATION CAPACITY OF THE EUROPEAN UNION MEMBER COUNTRIES

2018 ◽  
Author(s):  
Olena Zayats ◽  
◽  
Tomash Yarema ◽  
Keyword(s):  
European Union ◽  
Global Economy ◽  
Union Member ◽  
The European Union ◽  
Member States ◽  
Global Innovation ◽  
The World ◽  
Innovation Capacity ◽  
Innovative Capacity ◽  
European Union Member States

The article examines the essence of the global innovation capacity of the member states of the European Union and its interconncetion with involvement in the processes of international economic integration and disintegration. It is noted that the global innovative force has a significant impact on stable economic growth and competitive positions of any economic entity in the world arena. In addition, it was determined that the unification of countries into interstate integration groupings leads to the transformation of the innovation capacity of the member country and the formation of the innovation capacity of the international integration associations. As a result of the study, it was noted that today there is no single methodology for measuring innovative capacity. As part of the innovation capacity research of the European Union member states, the most prominent and frequently used method for measuring the innovation capacity of the country amongst of global economy, namely the global innovation index, is considered. The aim of this article is to compare the positions of the innovative capacity of the member states of the European Union and to study how the integration and disintegration processes in the European Union affect the innovation capacity of participants and, in the prospect, develop a methodology for ranking the innovation capacity of interstate integration associations. The positions of the innovation capacity in the global economy of the European Union member states are analyzed according to the global innovation index. It has been established that five member countries of the European Union are in the top 10 most innovative economies in the world economy. The innovation capacity index of the European Union 2020 is proposed to be calculated and was calculated. It is noted that albeit the ratings do not give any propositions, but only actually determine the state, however, with their assistance it is possible to carry out adequate monitoring, analysis, forecast of activation and measurement of innovation leadership of all economic and innovative entities of the global economy. It has been proved that methodological approaches to measuring the innovation capacity of the subjects of the global economy ought to be improved furthermore ratings should be developed not only in the context of countries, but of international integration associations as well.

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