scholarly journals The Green Line in Cyprus: external border or internal discontinuity of the EU?

Europa XXI ◽  
2021 ◽  
Vol 40 ◽  
Author(s):  
Pierre Le Mouel
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Eastern Mediterranean ◽  
Green Line ◽  
The European Union ◽  
The Republic ◽  
Republic Of Cyprus ◽  
International Border ◽  
The Eu

Defining the Cyprus Green Line is a contested issue. Since the accession to the European Union of the Republic of Cyprus (RoC) in 2004, the EU has had to balance between two conflicting definitions of the Green Line. The first, set by international law and the United Nations (UN) resolutions, is that of a peace line that is only a temporary internal discontinuity within the RoC, separating both communities until a settlement is agreed. The second, championed by Turkey and the Turkish Cypriots’ pseudo-state, is that of an international border between both independent communities. The EU has had to apply both definitions at the same time, legally and pragmatically, which has heavily hindered its own peacebuilding efforts in Cyprus and reduced its actorness in Eastern Mediterranean geopolitics.

II. The Ankara Agreement, Turkey, and the Eu

2006 ◽  
Vol 55 (3) ◽  
pp. 705-717
Author(s):  
Elena Katselli
Keyword(s):  
European Union ◽  
United Kingdom ◽  
United Nations ◽  
Member State ◽  
The European Union ◽  
The United Kingdom ◽  
History Of ◽  
The Republic ◽  
Republic Of Cyprus ◽  
The Eu

The Republic of Cyprus became independent on 16 August 1960 with the conclusion of three agreements between Cyprus, Greece, Turkey and the United Kingdom: the Treaty of Establishment,1 the Treaty of Guarantee,2 and the Treaty of Alliance.3 Due to limited space, this article will not consider the troubled history of the new Republic the structures of which were literally shattered by an unworkable and dysfunctional Constitution a few years only after its establishment and which eventually led to the Turkish invasion and continuing occupation of one third of its territory.4 Rather, this article intends to focus on recent legal developments provoked by Turkey's refusal to recognize the Republic of Cyprus, a Member State of the United Nations and as from May 2004 a Member of the European Union, in the context of Turkey's own aspirations to become an EU Member State.

scholarly journals The Inclusion of Shipping in the EU Emission Trading Scheme: A Legal Analysis in the light of Public International Law

10.17345/1286 ◽  
2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Daniel Pérez Rodríguez
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Public International Law ◽  
Trading Scheme ◽  
The Eu ◽  
Do So

After regulating Greenhouse Gas emissions from air transport, the European Union is now contemplating taking action on emissions from the shipping sector. In order to do so, the European Commission carried out a public consultation process between January and April 2012. This article analyses the legal problems that would arise, in the light of Public International Law, should the European Union decide to follow the path of aviation and include shipping under the European Emission Trading Scheme (ETS). To do so, the focus will be placed on six different normative bodies of international law: (1) the United Nations Framework Convention on Climate Change and the Kyoto Protocol;(2) the MARPOL Convention; (3) the United Nations Convention on the Law of the Sea; (4) the General Agreement on Tariffs and Trade and the General Agreement on Trade of Services; (5) the principle of sovereignty over maritime areas; and (6) the bilateral agreements ratified by the EU containing clauses on maritime transport. The structure of each of the six normative bodies will be as follows: international commitments under each international norm, possibility of enforcement before tribunals and analysis of the legality of the EU measure in relation to that norm.

scholarly journals The Inclusion of Shipping in the EU Emission Trading Scheme: A Legal Analysis in the light of Public International Law

2013 ◽  
Vol 3 (2) ◽  
Author(s):  
Daniel Pérez Rodríguez
Keyword(s):  
European Union ◽  
United Nations ◽  
International Law ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
The European Union ◽  
Public International Law ◽  
Trading Scheme ◽  
The Eu ◽  
Do So

After regulating Greenhouse Gas emissions from air transport, the European Union is now contemplating taking action on emissions from the shipping sector. In order to do so, the European Commission carried out a public consultation process between January and April 2012. This article analyses the legal problems that would arise, in the light of Public International Law, should the European Union decide to follow the path of aviation and include shipping under the European Emission Trading Scheme (ETS). To do so, the focus will be placed on six different normative bodies of international law: (1) the United Nations Framework Convention on Climate Change and the Kyoto Protocol;(2) the MARPOL Convention; (3) the United Nations Convention on the Law of the Sea; (4) the General Agreement on Tariffs and Trade and the General Agreement on Trade of Services; (5) the principle of sovereignty over maritime areas; and (6) the bilateral agreements ratified by the EU containing clauses on maritime transport. The structure of each of the six normative bodies will be as follows: international commitments under each international norm, possibility of enforcement before tribunals and analysis of the legality of the EU measure in relation to that norm.

Cyprus and the European Union

2020 ◽  
Author(s):  
Stelios Stavridis ◽  
Charalambos Tsardanidis
Keyword(s):  
European Union ◽  
Customs Union ◽  
The European Union ◽  
Eu Accession ◽  
Association Agreement ◽  
The North ◽  
The Republic ◽  
Republic Of Cyprus ◽  
The Impact ◽  
The Eu

The Republic of Cyprus (or Cyprus) joined the European Union (EU) in May 2004 and adopted the single currency (the euro) in 2008. This article consists of three parts: it begins with a historical contextualization, explaining the reasons for Cyprus’ application for an Association Agreement with the (then) European Economic Community (EEC), and also examining the latter´s reaction and policy towards the 1974 Turkish invasion following a failed coup d´état against the Makarios Presidency that has led to a divided island since then (Part 1). In brief, what is known as the “Cyprus Problem.” This part also looks at the evolution of the Association Agreement during the period since 1975 which ended with the conclusion of a customs union Agreement between Cyprus and the European Community in 1987. The article next turns to an analysis of the Republic of Cyprus´ EU accession negotiations process (Part 2). It also covers the impact (or lack thereof) of various reunification plans, and most notably what is seen as the culmination of such efforts in the so-called 2002–2004 Annan Plans. The following section presents an assessment of how Cyprus has fared as a member state since it joined the EU (Part 3). It covers several key questions regarding the EU–Cyprus relationship. Whereas this article is not about the Cyprus problem itself, but as will be made clear throughout this study, it remains the dominant issue for the island. Others issues encompass EU relations with the Turkish-Cypriot community, the question of Turkey´s EU accession, the impact of the economic crisis of 2013, as well as energy security considerations following the discovery of gas in the region. The study concludes that being in the EU offers better perspectives for the Republic of Cyprus than if it had been kept outside it. If only because as the Accession Treaty makes it clear: it is the whole island that has joined the EU albeit the acquis communautaire cannot apply to the north, occupied, part of the Island following the invasion by Turkey. But all Cypriots are EU citizens. Yet, to a large extent, the experience of Cyprus prior to and after EU membership also reflects the kind of specific problems that a “small state” is facing in its 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,

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.

scholarly journals The exports from the western Balkans countries to the EU: The main problems and recommendations

2006 ◽  
Vol 51 (168) ◽  
pp. 49-72 ◽  
Author(s):  
Besim Culahovic
Keyword(s):  
European Union ◽  
Market Access ◽  
Supply Side ◽  
The European Union ◽  
Western Balkans ◽  
Serbia And Montenegro ◽  
Integration Strategy ◽  
The Republic ◽  
Trade Measures ◽  
The Eu

The European Union (EU) trade policy towards Western Balkan's countries (Albania, Bosnia-Herzegovina, Croatia, Serbia and Montenegro and the Republic of Macedonia) is one of the important tools of EU's integration strategy. The exports from the Western Balkan?s countries to the European Union(15) are preferred within special autonomous trade measures for the Western Balkan?s countries which were introduced by the EU in September 2000 (the 2000TM). The 2000TM are a far-ranging set of preferences which provide the Western Balkan?s countries with unparalleled market access to the EU, and hence with the potential both to develop the existing exports and to generate new exports. However, the Western Balkan?s countries exports to the EU are far below the level which could reasonably be expected. In all Western Balkan?s countries a number of supply-side and domestic policy reasons are identified for this under-performance, which suggests that the 2000TM are likely in part to rectify the situation. The economic regeneration of the Western Balkan?s countries will depend on the success of internal economic reform and on the adoption of economic and trade policies which specifically identify and address some serious supply-side constraints.

scholarly journals Key milestones of the negotiating process on the accession of Croatia to the EU in 2007 – 2008

2018 ◽  
pp. 8-27
Author(s):  
Serhii Horopakha
Keyword(s):  
European Union ◽  
Foreign Policy ◽  
Negotiation Process ◽  
The European Union ◽  
Major Step ◽  
Consolidation Process ◽  
The Republic ◽  
Key Events ◽  
The Eu

On 1st July 2013, the Republic of Croatia officially became the 28th member of the European Union. This event marked the fulfillment of a foreign policy goal, along with joining NATO in 2009, as a major step forward in the country’s long-term consolidation process. The article therefore analyzes the key events of the Croatia – EU relations in 2007-2008, which moved this Balkan country closer to implementing its Euro-integration course. Particular attention is paid to the peculiarities of the pre-accession negotiations with the European Union, as well as to internal and foreign policy factors that had a direct impact on the Euro-integration dialogue between Croatia and the European Union. In this context, emphasis is placed on problem issues that slowed down the dynamics of the negotiation process to a certain extent, in particular the unilateral application by Croatia of the Ecological and Fisheries Protection Zone, and measures taken by the Croatian authorities to settle them. Significant achievements of Croatia in the negotiation process with the European Union are highlighted, in particular, progress of the country in meeting the European Union criteria as well as a date determination the of pre-accession negotiations completion as an important political sign of the European Union readiness to accept a new member in future.

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