Categories of “integration” and “disintegration” in international law: modern conceptual approaches

2020 ◽  
Vol 7 (2) ◽  
pp. 71-77
Author(s):  
Dmitriy V. Galushko
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
Scientific Research ◽  
Practical Significance ◽  
The European Union ◽  
Legal Doctrine ◽  
Methodological Basis ◽  
Modern System

The importance of the category of integration in the modern system of international relations can hardly be overestimated. The science of international law is no exception, and its development has recently been largely conditioned by the ongoing integration processes between states, the main subjects of international law. The very international legal doctrine has developed many approaches to the characteristics of its essential characteristics, including integration. Despite the objective nature of integration, its development in the context recent disintegration events that have taken place in the international arena and given rise to crisis phenomena (the first of which is, of course, the process of Britains withdrawal from the European Union), predetermine the relevance as well as the theoretical and practical significance of this article. The methodological basis of the work includes well-known general and specific methods of scientific research. The purpose and objectives of the article are to study the relevant problems and the essence of integration and disintegration processes in the international arena, characterize the main doctrinal approaches to them, and identify general trends as well as the essential characteristics and main features of these phenomena.

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

4. International organizations, states, and global governance

2021 ◽  
pp. 69-90
Author(s):  
Nicole Scicluna
Keyword(s):  
Nineteenth Century ◽  
European Union ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The European Union ◽  
Western Values

This chapter evaluates global governance and how it relates to international law. It addresses the role of international organizations in processes of global governance, charting their rise from the nineteenth century onwards. Two international organizations exemplify semi-legalized governance beyond the state: the United Nations and the European Union. Sovereign states, of course, continue to play a central role in the institutions, processes, and mechanisms of global governance. The chapter then explores the extent to which a state’s power, influence, and legitimacy are affected by factors such as its domestic political arrangements and its adherence to the liberal, Western values that underpin the postwar order. It also assesses whether the proliferation of legalized and semi-legalized global governance regimes amounts to a constitutionalization of international relations.

scholarly journals Autonomy or Sovereignty: the Case of the European Union

2020 ◽  
Vol 20 (2) ◽  
pp. 73-92
Author(s):  
Danuta Kabat-Rudnicka
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Society ◽  
International Organizations ◽  
International Organization ◽  
Modern World ◽  
The European Union ◽  
Jean Bodin ◽  
New Type

Summary Sovereignty is a key concept in international law and international relations. First defined and discussed by Jean Bodin, sovereignty is considered to be an inherent attribute of any state. However, the changes that international society has undergone since the Treaty of Westphalia, including the emergence of different state and non-state actors vying for power and authority, have called into question the position of the state as the main actor in the modern world. This in turn has given rise to the following questions: how should the very concept of sovereignty be understood today? Given the growing importance of international organizations and regional integrational arrangements can the concept of sovereignty be extended to cover entities other than states; and in case of the European Union, what makes us think in terms of sovereignty rather than autonomy? This analysis is an attempt to apply the concept of sovereignty to contemporary international organizations. The main thesis is as follows: in the case of international organizations, especially a new type of organization, it is also legitimate to consider a narrative in terms of sovereignty, not just autonomy. The example studied here is the European Union as an international organization-cum-regional integrational arrangement.

scholarly journals International Integration Organizations and the Sovereignty of Member States

Legal Concept ◽  
2021 ◽  
pp. 137-143
Author(s):  
Dmitry Galushko ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Intergovernmental Organizations ◽  
The European Union ◽  
International Integration ◽  
Member States ◽  
Scientific Methods ◽  
Modern System ◽  
General Scientific ◽  
Characteristic Features

Introduction: the paper analyzes the characteristics which are typical for the international integration organizations, generalized both at the doctrinal and normative levels, touches on the phenomenon of supranationality as a modern legal reality of international integration, and considers the basis for the transfer of sovereign powers by states, as the only bearers of sovereignty, to the international integration organizations. The purpose of the research is to study and analyze some aspects of the interaction between the international integration organizations and member states in the context of the supranational characteristics of such organizations. Methods: as part of the study, both the general scientific methods of cognition and the private legal methods (formal-legal, comparativelegal) were used. Results: the paper proves that the international integration organizations are a new reality of the modern system of international relations and international law. The author has established that such organizations have a number of characteristic features that distinguish them from the classical international intergovernmental organizations. As one of these main features, the author analyzes the phenomenon of supranationality, which is largely due to the voluntary transfer of their sovereign powers by the member states in favor of the integration associations. Conclusions: in contrast to the participation of states in the international organizations, the membership in the integration associations leads to the restriction of their sovereign rights by states, some of which are transferred to such an association. At the same time, such a transfer cannot be interpreted as their loss or the loss of their sovereign identity, because it’s the state who is the bearer of sovereignty. We are talking about the voluntary transfer of certain sovereign powers that can be revoked at any time, which can be seen in the example of the process of Britain’s exit from the European Union – Brexit.

Kryzys w Unii Europejskiej a tożsamość europejska

2016 ◽  
pp. 110-136
Author(s):  
Zbigniew B. Rudnicki
Keyword(s):  
European Union ◽  
Welfare State ◽  
International Relations ◽  
Social Model ◽  
European Identity ◽  
The European Union ◽  
European Social Model ◽  
Gradual Development ◽  
Internal Relations ◽  
International Identity

The aim of this article is to show what impact the crisis in the European Union, along with the crisis in the euro zone at the forefront, had on European identity, interwoven with the identity of the European Union to such an extent that these terms are often handled as equivalent. Developments and crises situations which exert an influence on European identity were presented with respect to areas of particular importance that affect the way the European Union is identified within the community and abroad. Following issues were discussed: implications of the crisis for the European Union’s international identity, for the European social model (welfare state), for transnational identity (in internal relations) and for unity and solidarity in the European Union. In the conclusion, it is stated that the economic, political and social crises had undermined the gradual development of European / European Union identity among citizens and had an impact on its image in international relations.

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,

Foreign Affairs Federalism in the European Union

2019 ◽  
pp. 331-351
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Order ◽  
Foreign Affairs ◽  
The European Union ◽  
Member States ◽  
European Court ◽  
Treaty Of Rome ◽  
Formed Part ◽  
Mixed Agreements

The European Union was born as an international organization. The 1957 Treaty of Rome formed part of international law, although the European Court of Justice was eager to emphasize that the Union constitutes “a new legal order” of international law. With time, this new legal order has indeed evolved into a true “federation of States.” Yet how would the foreign affairs powers of this new supranational entity be divided? Would the European Union gradually replace the member states, or would it preserve their distinct and diverse foreign affairs voices? In the past sixty years, the Union has indeed significantly sharpened its foreign affairs powers. While still based on the idea that it has no plenary power, the Union’s external competences have expanded dramatically, and today it is hard to identify a nucleus of exclusive foreign affairs powers reserved for the member states. And in contrast to a classic international law perspective, the Union’s member states only enjoy limited treaty-making powers under European law. Their foreign affairs powers are limited by the exclusive powers of the Union, and they may be preempted through European legislation. There are, however, moments when both the Union and its states enjoy overlapping foreign affairs powers. For these situations, the Union legal order has devised a number of cooperative mechanisms to safeguard a degree of “unity” in the external actions of the Union. Mixed agreements constitute an international mechanism that brings the Union and the member states to the same negotiating table. The second constitutional device is internal to the Union legal order: the duty of cooperation.

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

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