The International Responsibility of the European Union: European and International Perspectives, edited by M.Evans and P.Koutrakos (Oxford: Hart, 2013, ISBN 9781849463287); x+372pp., £92.00 hb.

2014 ◽  
Vol 52 (5) ◽  
pp. 1160-1161
Author(s):  
Julija Brsakoska Bazerkoska
Keyword(s):  
European Union ◽  
The European Union ◽  
International Perspectives ◽  
International Responsibility

Part IV Access to Protection and International Responsibility-Sharing, Ch.28 The Evolution of Safe Third Country Law and Practice

2021 ◽  
Author(s):  
Freier Luisa Feline ◽  
Karageorgiou Eleni ◽  
Ogg Kate
Keyword(s):  
European Union ◽  
The European Union ◽  
International Treaties ◽  
Bilateral Agreements ◽  
International Solidarity ◽  
Legal Principle ◽  
International Responsibility ◽  
North And South America ◽  
North And South ◽  
Asylum Seekers And Refugees

This chapter details how States and regions use safe third country (STC) practices to deny protection to asylum seekers and refugees on the grounds that they have, or may have, protection in another country. The STC notion originated in Switzerland in 1979, spread throughout Europe in the 1980s, and was adopted by the European Union and countries such as Australia and Canada in the 1990s. Since then, developments in STC law and practice globally include new bilateral agreements, reforms to STC provisions in domestic and supranational legislation, and landmark decisions of superior courts. The chapter studies these changes in Europe, Australia, and North and South America, focusing in particular on the period from 2010 to 2020. It argues that there has been a dilution of STC protection standards in these four regions. The thresholds for effective protection have diminished and are lower than the minimum laid down in international treaties. Moreover, in the introduction and evolution of these STC practices, lawmakers and judges have disregarded the legal principle of international solidarity. While STC practices have long been critiqued as burden-shifting rather than -sharing, new STC law and jurisprudence exacerbates inequities between States with respect to responsibility for hosting refugees.

Prior Exhaustion of Internal Remedies in Cases Involving the International Responsibility of the European Union

2013 ◽  
Vol 22 (1) ◽  
pp. 59-89
Author(s):  
Simone Vezzani
Keyword(s):  
European Union ◽  
International Law ◽  
Effective Means ◽  
The European Union ◽  
International Organisations ◽  
Diplomatic Protection ◽  
Legal Remedies ◽  
International Responsibility ◽  
International Law Commission ◽  
The Eu

As recognised by the International Law Commission in the 2011 Draft Articles on the Responsibility of International Organisations, the rule of the prior exhaustion of internal remedies also applies to cases where the international responsibility of international organisations is invoked, be it in the field of diplomatic protection or human rights. This essay focuses on the application of this rule to the European Union (EU). The author maintains that the legal remedies available to individuals alleging injury as a result of an internationally wrongful act of the EU include both direct remedies before EU courts and remedies before domestic tribunals. He then scrutinises whether each remedy is capable of providing individuals with accessible and effective means of redress.

Part II The Treaty-Makers, 6 Who Can Make Treaties? The European Union

2020 ◽  
Author(s):  
Cremona Marise
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
International Treaty ◽  
Multilateral Agreements ◽  
International Responsibility ◽  
The Impact ◽  
Mixed Agreements ◽  
The Eu

This chapter examines the EU’s robust and complex treaty-making. The first section deals with the EU’s treaty-making capacity from the perspective of EU law, and then of international treaty practice. It examines the ways in which international treaty-making practice has accommodated EU participation in bilateral and in multilateral agreements. The second section discusses the legal effects of treaties concluded by the EU, first as regards the EU legal order, including their enforcement and interpretation by the Court of Justice of the European Union and the legal effects of mixed agreements. A discussion of the impact of EU treaty-making on the powers of the Member States follows: through the doctrines of exclusivity and pre-emption, the impact of EU law on treaties concluded by the Member States, and finally EU treaty-making from the perspective of international responsibility.

scholarly journals Beyond the Control Paradigm? International Responsibility and the European Union

2013 ◽  
Vol 15 ◽  
pp. 643-668
Author(s):  
Gleider I Hernández
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Public International Law ◽  
Legal Personality ◽  
European Governance ◽  
Control Paradigm ◽  
Internal Structures ◽  
International Responsibility ◽  
Federal Structure

AbstractFrom the perspective of public international law, the legal personality of the European Union (EU) carries with it the possibility for it to exercise rights and to bear obligations on the international plane. Its quasi-federal structure, however, requires consideration as to how these rights and obligations may be exercised. In this chapter, two regimes are compared: the EU’s rights and obligations as an international organisation and the possibility that its internal structures might be recognised on the international plane, thus leading to more complex notions of subsidiary responsibility, shared between the various levels of European governance.

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