scholarly journals Legal Capacities of the Dayton Constitution in the Process of Accession of Bosnia and Herzegovina to European Union

2016 ◽  
Vol 9 (1) ◽  
pp. 11
Author(s):  
Zlatan Begic
Keyword(s):  
European Union ◽  
International Law ◽  
European Integration ◽  
Bosnia And Herzegovina ◽  
International Agreements ◽  
The Other ◽  
Integration Process ◽  
Legal Power ◽  
Constitutional System ◽  
Legal Sense

The central part of this paper is concerned with the possibilities of the Dayton Constitution in the process of accession of Bosnia and Herzegovina to European Union. At the first place, this paper contains an analysis of the legal power of the general principles of international law in the constitutional system of Bosnia and Herzegovina, in particular, the <em>pacta sunt servanda</em> principle which has significant importance, in legal sense, for implementation obligations deriving from the international agreements related to European integration. In this regard, it should be emphasized that Article III/3b of the BH Constitution implicitly refers to the obligatory implementation of the aforementioned principles. In terms of commitments deriving from the European integration process, this paper also includes an analysis of the other constitutional possibilities for harmonization entity legislation and establishment integrated state frame and functional unified single market on the territory of Bosnia and Herzegovina.

Has Europe Solved the Problem of War? Explaining the ‘Long Peace’ of the Post-1945 Era

2010 ◽  
Vol 18 (3) ◽  
pp. 365-377
Author(s):  
David Michael Green
Keyword(s):  
European Union ◽  
European Integration ◽  
International Politics ◽  
Integration Process ◽  
60Th Anniversary ◽  
Causal Factors ◽  
Empirical Question ◽  
Successful Experiment ◽  
The World ◽  
History Of

May 9, 2010, marks the 60th anniversary of what is arguably the boldest and ostensibly the most successful experiment in the history of international politics. On that date, in 1950, the Schuman Declaration1 was issued, seeking to release Europe from its centuries of fratricidal war, those conflagrations having just previously reached near suicidal proportions. The process of European integration – culminating in today’s European Union – was launched by six states at the heart of the continent, for the purposes of making war ‘not only unthinkable, but materially impossible.’ There is today little empirical question of Europe’s success. War between former bitter enemies has never been even remotely near the horizon during the period that has now become known as ‘The Long Peace,’ and, looking forward, such militarized conflict remains all but inconceivable. But was it the process of European integration that produced this achievement? And if so, is the model exportable to other regions? This essay catalogues the factors that account for Europe’s success in ending the scourge of war on a continent where it had been a commonly employed extension of politics for centuries. I conclude that the integration process represents an important contribution, but is only one of a plethora of causal factors that massively over-determined Europe’s long peace of our time, and that the European experiment is mostly non-exportable to other parts of the world.

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.

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.

POLICE DUTIES IN PROCEEDINGS CONCERNING FAMILY MATTERS OF MINORS UNDER SELECTED EU AND INTERNATIONAL LAW (WITH PARTICULAR REFERENCE TO CASES OF CHILD ABDUCTION)

2020 ◽  
Vol 138 (2) ◽  
pp. 109-120
Author(s):  
Anna Franusz
Keyword(s):  
European Union ◽  
International Law ◽  
Relevant Information ◽  
International Agreements ◽  
Central Authority ◽  
European Union Law ◽  
Child Abduction ◽  
The Law

The interests of children are of paramount importance, therefore it is sometimes necessary for the authorities to interfere in matters relating to their custody, when a child is likely to have been wrongfully removed or retained in breach of the rights of custody attributed to a person, an institution or any other body (child abduction). Therefore a number of international and European Union legal acts impose on national legislators the obligation to introduce mechanisms involving central authorities into cooperation with each other and promoting cooperation amongst the competent authorities in their respective states to make proper discoveries to secure the prompt return of children. For this purpose, the Law of 26 January 2018 on the exercise of certain acts of the central authority in family matters relating to legal transactions under European Union law and international agreements was adopted. Pursuant to its provisions, Police offi cers shall, by virtue of their specifi c powers, assist the central authority and the courts on matters relating to the abduction of minors abroad. Their role is mainly linked to providing the authorities with relevant information, assisting the probation offi cer, and searching the place where the minor is presumed to be living.

scholarly journals Les Conditions D’Approfondissement de L’Union Européenne

Federalism-E ◽  
1969 ◽  
Vol 5 (1) ◽  
pp. 40-44
Author(s):  
Jonathan Gagnon
Keyword(s):  
European Union ◽  
European Integration ◽  
European Community ◽  
Political Integration ◽  
Economic Factors ◽  
The European Union ◽  
Integration Process ◽  
Political Factors ◽  
Main Assumption ◽  
The Creation

Since the creation of the first European Community in 1951, countries of Europe have somewhat integrated somewhat their political and economic realms into one supranational entity. It has been observed by some that throughout the integration process, economic factors, rather than political factors, have dominated the integration of Europe. This main assumption is challenged by the author in this article. However, if the alleged predominance of the economy in European integration is proven, further questions regarding the conditions for a authentic political integration of the European Union, more than 50 years after its creation, will be assessed.[...]

scholarly journals The Impact of the European Integration Process on the Banking System – an Overview

2010 ◽  
Author(s):  
Bogdan Ilut
Keyword(s):  
European Union ◽  
European Integration ◽  
Banking Sector ◽  
Banking System ◽  
Main Channel ◽  
The European Union ◽  
Integration Process ◽  
Fully Integrated ◽  
Is Integration ◽  
The Impact

<p>In the last decade the European integration process was the main focuses of the European Union, as its completion could bring a huge step toward a fully integrated European Union. As the banking sector is the main channel for funding of the European economy, it has become now more clearly than ever that is integration is of the up more essence. The aim of this paper is to quantify the progresses registered by the main European Union’s economies in the process of banking integration, as their example is generally followed by the other member states. First we underline the necessity of the European integration and the progress made using an extended literature review doublet by an analysis of the main indicators for the banking systems of these countries. We also present, in a non-exhaustive way, the main trends that have characterised the banking sectors of these countries in the last decade: diversification, vertical product differential and consolidation underlying their impact on the sectors architecture.</p>

scholarly journals Network Power Europe and Competition at the UN Human Rights Council

2021 ◽  
pp. 61-82
Author(s):  
Anatoly Boyashov
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Nations ◽  
Complex Networks ◽  
European Integration ◽  
The Other ◽  
The European Union ◽  
Structural Position ◽  
Human Rights Council ◽  
The Eu

The chapter's argument anchors the debates on what type of a competitor the European Union is. On a larger scale, it addresses the question about the nature of competition within the United Nations. A large share of European integration literature suggests that the EU competes as a Þ-U+201C-Þnormative power EuropeÞ-U+201D-Þ thus identifying competition as a struggle for prestige and status. The proponents of the other perspective pinpoint the EU identity as a Þ-U+201C-Þmarket power EuropeÞ-U+201D-Þ-to gain advantages, the EU hence seeks to guide competition with its wealth. This chapter argues the augmenting complexity of international organizations pushes the EU to act as Þ-U+201C-Þnetwork power EuropeÞ-U+201D-Þ and compete for the structural position a Þ-U+201C-ÞbridgeÞ-U+201D-Þ in complex networks.

Comment on ‘The European Union building from Public Choice to Ordo, Röpke’s and Einaudi’s ideas of Europe’ by Francesco Forte

2020 ◽  
Vol 35 (1) ◽  
pp. 29-36
Author(s):  
Domenico D’Amico ◽  
Carla Scaglioni
Keyword(s):  
European Union ◽  
European Integration ◽  
Relevant Literature ◽  
Economic Governance ◽  
The European Union ◽  
Integration Process ◽  
Basic Principles ◽  
European Economic ◽  
Original Insight ◽  
Second World

In his very elaborate analysis, Forte takes on several issues regarding the European integration process, offering an original insight into the foundations of European economic governance. In particular, the author looks to expand current results in the relevant literature in several directions. On the theoretical front, Forte departs from James Buchanan’s economic theory of clubs to provide a club-theoretic template to both the European Union and European Monetary Union. He arrives at the belief of ‘the incompleteness of the European institutional construct and the misunderstandings about its basic principles’. His argument relies on the similarities that he recognises between Buchanan’s view of European federalism and the German ordoliberalism roots of the European integration process, which can be traced from the founding of the European Community onward. On the empirical front, Forte identifies a potential polarisation among countries within the euro area during the crisis that occurred over the last ten years. According to him, this dualism within the euro club is due to a ‘violation’ of the ideals and the operational suggestions proposed by Buchanan, Ordo, Röpke and Einaudi. In this comment, we briefly describe what became for most member states of the European Union the worst economic and social crisis since the Second World War that led to a new architecture of European economic governance. Subsequently, we highlight significant results presented by Forte and elaborate how these results fit into the existing literature.

3. Neofunctionalism

2009 ◽  
Author(s):  
Arne Niemann ◽  
Philippe C. Schmitter
Keyword(s):  
European Union ◽  
European Integration ◽  
European Community ◽  
Regional Integration ◽  
Integration Process ◽  
European Union Enlargement ◽  
Charles De Gaulle ◽  
Empty Chair ◽  
To Receive ◽  
De Gaulle

This chapter focuses on neofunctionalism, one of the earlier theories of regional integration. Neofunctionalist theory was first formulated in the late 1950s and early 1960s, but began to receive increasing criticism from the mid-1960s, particularly because of several adverse empirical developments, the culmination of which was the Empty Chair crisis of 1965–66 when French President Charles de Gaulle effectively paralysed the European Community. With the resurgence of the European integration process in the mid-1980s, neofunctionalism made a substantial comeback. After providing an overview of neofunctionalism’s intellectual roots, the chapter examines early neofunctionalism’s core assumptions and hypotheses, including its central notion of ‘spillover’. It then considers the criticisms that have been levelled against it before turning to later revisions of the theory. It also evaluates some most-likely cases and concludes with an analysis of the case of European Union enlargement.

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