Art.40 Conference of States Parties

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
European Union ◽  
Security Council ◽  
Legal Person ◽  
Disability Rights ◽  
The European Union ◽  
Member States ◽  
Persons With Disabilities ◽  
Un Security Council ◽  
Emerging Issues ◽  
United Nations Convention

This chapter examines Article 40 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the Conference of States Parties (COSP). The COSP is part of an established tradition whose principal aim is to keep the Convention alive by stimulating actions, collaborations, enforcement, capacity building, and others. The enforcement powers of the COSP are severely limited, if any, and should not therefore be compared to those enjoyed by entities with enforcement powers, such as the UN Security Council or the Council of the European Union. Although the powers and functions of the COSP could be achieved outside the legal person of the COSP on the basis of joint action by CRPD member states, the formal collectivization of member states ensures annual discussions on important and emerging issues affecting disability rights and contributes towards a consistency among a group of equal partners undertaking the same obligations.

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.”

Regional Organizations’ Relations with International Institutions

2019 ◽  
pp. 446-464
Author(s):  
Joris Larik
Keyword(s):  
European Union ◽  
International Organizations ◽  
Regional Integration ◽  
International Institutions ◽  
Legal Person ◽  
The European Union ◽  
Regional Organizations ◽  
Member States ◽  
Asean Member ◽  
External Relations

This chapter compares the law and practice of regional organizations regarding their engagement with international institutions. This includes treaty-making, joining and participating in international organizations, and the question to which extent member states are being replaced by their regional organizations. The chapter uses the European Union and the Association of South East Asian Nations (ASEAN) as case studies given that they represent two radically different forms of regional integration. While the former is a case of deep, supranational sovereignty-pooling, the latter is an example of distinctly sovereignty-friendly intergovernmental cooperation. Both ASEAN and the European Union have codified sets of internal norms for conducting their external relations. Both are avid treaty-makers and interact systematically with international institutions. However, this chapter explains how the difference in the organizations’ internal modes of operation translates into different approaches in their external relations. The European Union’s highly formalized approach leads to taking on a state-like position in many situations, but without always replacing its member states. By contrast, ASEAN’s sensitivity toward national sovereignty results in its member states and the Association never appearing together. It is always either one or the other that engages internationally. ASEAN member states interact with other powers, whereas ASEAN as a legal person interacts with other international organizations, with the one exception—the European Union.

scholarly journals Harmonising Accessibility in the EU Single Market: Challenges for Making the European Accessibility Act Work

2020 ◽  
Vol 43 (4) ◽  
pp. 83-102
Author(s):  
Anna Katarzyna Drabarz
Keyword(s):  
European Union ◽  
Civil Society ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
Persons With Disabilities ◽  
The Common ◽  
The Right ◽  
Common Understanding ◽  
The Eu

In the last decade, accessibility has become a buzzword not only among actors of the civil society advocating for the rights of persons with disabilities but also among the legislators in the European Union. The EU has adopted a series of binding regulations aiming at approximating the common understanding of accessibility and Member States’ approach to operationalising the right. Being part of EU harmonised law, the European Accessibility Act has already been considered a milestone in the process. The choice of an approach / approaches will decide about a success of its transposition into Member States legal systems.

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.

scholarly journals European union mission for the rule of law in Kosovo

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Dr.Sc. Bejtush Gashi
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Security Council ◽  
Security Policy ◽  
International Standards ◽  
The European Union ◽  
Single Chain ◽  
The Rule Of Law ◽  
Un Security Council ◽  
Foreign And Security Policy

Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.

scholarly journals The Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities: a dynamic pro unione and pro homine with particular reference to the CJEU case-law

2019 ◽  
Vol 5 (1) ◽  
pp. 109-120
Author(s):  
Filipe Venade de Sousa
Keyword(s):  
European Union ◽  
United Nations ◽  
Case Law ◽  
Legal Order ◽  
Fundamental Rights ◽  
The European Union ◽  
Persons With Disabilities ◽  
Charter Of Fundamental Rights ◽  
United Nations Convention ◽  
The United Nations

The incorporation of the United Nations Convention on the Rights of Persons with Disabilities into the legal order of the European Union acquires a centrality relevant to the interpretation of the fundamental rules within the framework of the catalog of rights enshrined in the Charter of Fundamental Rights of the European Union. The case-law of the Court of Justice of the European Union constantly reminds us that the Convention is an integral part of the legal order of the European Union and prevails over European Union law.

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