Part I The International Law of Tainted Money, 5 International Legal Sources IV—the European Union and the Council of Europe

2017 ◽  
Author(s):  
Tzanakopoulos Antonios
Keyword(s):  
European Union ◽  
International Law ◽  
Security Council ◽  
Financial Crime ◽  
The European Union ◽  
International Treaties ◽  
Un Security Council ◽  
International Obligations ◽  
Judicial Scrutiny ◽  
The Eu

This chapter examines the European Union (EU) from the perspective of public international law. Financial crime, this chapter argues, is an international phenomenon that requires international solutions. This recognition has resulted in states cooperating on a number of different levels in order to streamline their responses to international financial crime. This chapter deals with the EU in two guises: as an independent source of international obligation for its member states, imposing discreet international obligations on them, which may even function so as to turn non-binding recommendations of international bodies into hard law, and as a peculiar entity interposing itself between international obligations from other sources (such as international treaties or UN Security Council binding resolutions) and domestic implementation of these obligations. The fact that some EU law has a more remote international source (such as a UN Security Council Resolution) may affect the degree and nature of the judicial scrutiny to which this body of law may be subject. The chapter looks first at sanctions and next at money laundering, both from the perspective of the EU.

Part II Public Obligations and Regulatory Responsibilities, B Sanctions and Regulatory Responsibilities, 9 UK Sanctions Regimes

2017 ◽  
Author(s):  
Tzanakopoulos Antonios
Keyword(s):  
European Union ◽  
United Nations ◽  
Security Council ◽  
The European Union ◽  
Basic Principles ◽  
Eu Policy ◽  
Un Security Council ◽  
Domestic Terrorists ◽  
The Uk ◽  
The Eu

There are two principle sources of sanctions regimes applicable to the UK, this chapter shows: those of the European Union (EU) and the United Nations (UN). The chapter first looks at the EU regime. The EU operates thirty-eight different sanctions regimes as of May 2016. They are of two types: regimes designed to implement UN-mandated sanctions regimes; and the EU’s autonomous sanctions regimes. Current EU policy on sanctions has been continuously updated. As the EU Basic Principles make clear, the EU looks principally to the UN Security Council as the source of sanctions. The UK sanctions regimes, which give effect to UN sanctions regimes, are principally introduced for three purposes: to legislate in the absence of EU competence (for example to introduce financial sanctions against so-called ‘domestic’ terrorists); to give effect to EU regimes (for example to impose penalties for failure to comply with obligations introduced by means of an EU Regulation); and to introduce measures ahead of an EU regime (where by acting unilaterally, the UK can act more speedily) or even independently.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

Beyond Chapter VIII: Limits and Opportunities for Regional Representation at the UN security Council

2010 ◽  
Vol 7 (1) ◽  
pp. 149-169 ◽  
Author(s):  
Edith Drieskens
Keyword(s):  
Decision Making ◽  
European Union ◽  
United Nations ◽  
Security Council ◽  
Theory And Practice ◽  
Security Council Resolution ◽  
Eu Member States ◽  
Un Security Council ◽  
The Eu

AbstractZooming in on the serving European Union (EU) Member States and exploring the legal parameters defining regional actorness both directly and indirectly, this article analyzes the EU's representation at the United Nations (UN) Security Council. Looking at the theory and practice behind Articles 52, 23 and 103 of the UN Charter, we shed fresh light on the only provision in the European Treaties that explicitly referred to the UN Security Council, i.e. the former Article 19 of the EU Treaty. We define that provision as a regional interpretation of Article 103 of the UN Charter and discuss its implementation in day-to-day decision-making, especially as for economic and financial sanctions measures. Hereby, we focus on the negotiations leading to UN Security Council Resolution 1822(2008).

Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior

2017 ◽  
Vol 111 (4) ◽  
pp. 1056-1062
Keyword(s):  
European Union ◽  
Security Council ◽  
The Other ◽  
The European Union ◽  
Nuclear Program ◽  
Comprehensive Plan ◽  
Un Security Council ◽  
Ongoing Concern ◽  
The U.S ◽  
Trump Administration

In July 2015, Iran, the five permanent members of the UN Security Council, Germany, and the European Union adopted the Joint Comprehensive Plan of Action (JCPOA). Pursuant to that agreement, Iran committed to limiting the scope and content of its nuclear program in exchange for relief from various nuclear-related sanctions imposed by the other signatories. By law, the U.S. State Department is required to certify Iran's compliance with the agreement every ninety days. The Trump administration first certified Iran's compliance with the agreement in April 2017, albeit reluctantly. In its first certification, the Trump administration expressed ongoing concern about Iran's sponsorship of terrorism, and repeated previous criticism of the JCPOA as “fail[ing] to achieve the objective of a non-nuclear Iran.”

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

Part VI Actors, Ch.37 Regional Organizations the European Union

2021 ◽  
Author(s):  
Maljean-Dubois Sandrine
Keyword(s):  
European Union ◽  
Environmental Policy ◽  
Environmental Law ◽  
General Question ◽  
The European Union ◽  
International Treaties ◽  
International Environmental Law ◽  
Regional Organizations ◽  
Environmental Negotiations ◽  
The Eu

This chapter addresses the European Union (EU) as a preeminent example of a regional organization and its role in international environmental law. It first examines the progressive affirmation of EU competence in the environmental field and its development of a distinctive environmental policy. The chapter then turns to the external dimension of EU environmental competence, discussing the EU's participation in and enforcement of international environmental law, as well as the general question of whether the EU can be said to have an external environmental policy. The EU internal environmental policy expands on the international stage. Even if it lacks the internal structures and resources fully and effectively to assume a role as a global environmental leader, the EU participates in environmental negotiations, concludes and implements international treaties, and exercises its ‘soft power’ to promote the development and implementation of international environmental law. The chapter concludes with some brief reflections on other regional organizations and their distinctions from the largely sui generis EU example.

11. Financial crime

2019 ◽  
pp. 420-451
Author(s):  
Jeremy Horder
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Criminal Law ◽  
Financial Crime ◽  
The European Union ◽  
Home Office ◽  
Corporate Activity ◽  
The Uk ◽  
The Impact ◽  
The Eu

This chapter examines three major examples of financial crime: fraud, bribery, and money laundering. The importance of financial crime, and of vigorous prosecution policies in relation to it, should not be underestimated. Fraud accounts for no less than one third of all crimes captured by the Crime Survey for England and Wales. The European Union Parliament has estimated that corruption costs the EU between €179 and €990 billion each year. Finally, the Home Office estimates that the impact of money laundering on the UK economy is likely to exceed £90 billion. An understanding of these crimes, and in particular the way that they reflect corporate activity, is nowadays essential to the study of criminal law.

The EU in Search for Stronger Enforcement Rules: Assessing the Proposed Amendments to Trade Enforcement Regulation 654/2014

2020 ◽  
Vol 23 (4) ◽  
pp. 865-884
Author(s):  
Wolfgang Weiß ◽  
Cornelia Furculita
Keyword(s):  
European Union ◽  
International Law ◽  
World Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Third Parties ◽  
The European Union ◽  
Political Implications ◽  
Eu Commission ◽  
The Eu

Abstract Considering the new focus of the European Union (EU) trade policy on strengthening the enforcement of trade rules, the article presents the proposed amendments to the EU Trade Enforcement Regulation 654/2014. It analyzes the EU Commission proposal and the amendments suggested by the European Parliament Committee on International Trade (INTA), in particular with regard to uncooperative third parties and the provision of immediate countermeasures. The amendments will be assessed in view of their legality under World Trade Organization (WTO), Free Trade Agreement (FTA), and general international law and in view of their political implications for the EU’s multilateralist stance. Finally, the opportunity to amend Regulation 654/2014 to use it for the enforcement of FTA trade and sustainable development chapters will be explored. The analysis shows that the shift towards more effective enforcement should be pursued with due care for respecting existing international legal commitments and with more caution to multilateralism.

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