Cover

Half title

Title

Copyright

Contents

Contributors

Preface

Abbreviations

Table of cases

Introduction: the active paradigm of the study of the EU's place in the world

Part I The EU's shaping of the international legal order: the mechanics

1 Europe's raison d´être

1 Introduction

2 After the economic crisis

3 Questioning the raison d'être of the EU

4 The sources of polity legitimacy: input, output and mission legitimacy

5 The EU's raison d´être today

2 The EU, interim global justice and the international legal order

1 Introduction

2 The concept of interim global justice

3 The EU and the stages of interim global justice

3.1 The intra-state stage

3.2 The intra-state+ stage

3.3 The community of states stage

3.4 The community of states+ stage

3.5 The guarded cosmopolitan stage

4 Conclusion

3 Shaping the international order as an EU objective

1 Introduction

2 Dynamic internationalization in constitutional law

3 Doctrinal approaches: Staatszielbestimmungen and objectifs de valeur constitutionnelle

3.1 Staatszielbestimmungen

3.2 Objectifs de valeur constitutionnelle

4 External objectives as EU primary law

5 Conclusion

Part II The EU's shaping of the international legal order: the evidence

4 EU values and the shaping of the international legal context

1 Introduction

2 The plethora of EU values

3 Naming problems: identifying the 'right' EU constitutional lens for how to understand values in the international context

4 The EU as norm entrepreneur

5 Conclusion

5 Promoting the rule of law abroad: on the EU's limited contribution to the shaping of an international understanding of the rule of law

1 External promotion of the rule of law in the EU's 'Constitution'

2 The EU's external promotion of a substantive and holistic understanding

2.1 Tour d'horizon of the main instruments used by the EU to promote the rule of law abroad

2.2 The promotion of a substantive and holistic understanding

3 The EU's limited contribution to the shaping of a substantive and holistic understanding on the international plane

3.1 On the EU's recognition of the Council of Europe's normative pre-eminence in Europe

3.2 The EU's understanding in the light of the dominant conception of the rule of law on the international plane

4 Conclusion

6 EU global peace diplomacy: shaping the law on statehood

1 Introduction

2 The development of international law on statehood

2.1 Factual existence

2.2 Legality

2.3 State of the art?

3 The EU's contribution

3.1 Dealing with the succession of states from Yugoslavia and the Soviet Union

3.1.1 Guidelines on recognition of new states in Eastern Europe and the Soviet Union

3.1.2 Institutional aspects

3.1.3 Contribution to the law on statehood

3.1.4 Outcome

3.2 Dealing with the breakaway regions in Georgia

3.3 Council conclusions on Palestine

4 Concluding remarks

7 Shaping the WTO's institutional evolution: the EU as a strategic litigant in the WTO

1 Introduction

2 The EU's changing role in the WTO: from reluctance to active leadership

3 Rule development in the WTO through litigation

3.1 Establishing precedent in the WTO

3.2 Opening Appellate Body hearings to the public

4 Implications of the EU's litigation behaviour for institutional evolution in the WTO and in the EU

4.1 Implications for governance in the WTO

4.2 Implications for EU trade policy-making

5 Conclusions

8 EU climate change policy: can the Union be just (and) green?

1 Introduction

2 The Union and the environment: codification of the EU's outreach

3 EU external environmental agenda in action: United Nations Framework Convention on Climate Change, Kyoto Protocol and Durban Platform for Enhanced Action

4 European Union Emissions Trading Scheme: is there a unilateralist way towards multilateralism?

5 Motivated by a 'European' value system?

5.1 Climate justice

5.2 Values: constructing identity and serving interests

6 Conclusion

9 The EU's governance of external energy relations: the challenges of a 'rule-based market approach'

1 Introduction

2 The gradual development of an EU external energy policy: from a plethora of initiatives to a strategic approach

3 Legal challenges to the EU's external energy policy

3.1 Investment protection and the requirements of EU law

3.2 The Energy Community Treaty and the uniform application of EU law

3.3 Respect for the rule of law in the EU's energy relations with Russia

4 External energy policy and the ethical dimension of the EU's external action

5 Conclusions

10 The EU's shaping of international law on energy efficiency

1 Introduction

2 External energy efficiency policy goals: moral engagement or strategic interest?

2.1 The climate change dimension

2.2 The energy security dimension

3 External energy efficiency policy instruments: regulatory convergence based on partnership agreements

3.1 Multilateral agreements on energy security and climate change

3.2 Bilateral partnerships and the European Neighbourhood Policy

3.3 Regulatory convergence towards the energy efficiency acquis

4 Conclusion

11 The EU: shaping migration patterns in its neighbourhood and beyond

1 Introduction

2 The externalization of EU migration policies to the neighbourhood: emerging migration governance and ethical ambiguities around the EU's buffer zone

2.1 Neighbouring countries as filters

2.2 Neighbouring countries and externalization of asylum claims

2.3 Neighbouring countries as a 'dumping ground'

3 (Unintended) implications of EU Policies on migration patterns beyond the neighbourhood and negative trans-regionalism

4 Conclusion

Part III The EU and the global financial crisis

12 Back in balance? the EU and the challenges of international financial regulation

1 Introduction

2 Peculiarities of financial markets

3 The logic and limits of international standard setting

3.1 The governance mode of international standard setting

3.2 The legal weaknesses of the governance mode

3.3 Material challenges: in pursuit of adequate rules

4 Financial stability as an international public good

4.1 The rationales of financial market regulation

4.2 Financial stability

4.2.1 Stability of financial markets

4.2.2 Fiscal stability

4.2.3 Monetary stability

5 The complex issue of systemic risk

5.1 Maintaining stability in all respects

5.2 Relevant institutions

5.2.1 Large, complex and interconnected banks

5.2.2 Market infrastructure

5.2.3 States

6 Regulatory conflicts of interests in a market economy system

6.1 Balance of chances and risks

6.2 The limits of the (European) regulatory state

6.2.1 Limits of competence

6.2.2 Material limits: fundamental rights and rule of law

6.2.3 Factual restrictions

6.3 The problem of international burden sharing

6.3.1 Restructuring of globally operating firms

6.3.2 Restructuring of sovereign debt

7 Conclusion

13 The EU and the euro area in international economic governance: the case of the IMF

1 Introduction

2 Europe at the IMF today

3 The potential and limits of the EU treaties

4 The IMF dimension of EU/euro area representation

5 Conclusion

14 The EU's financial transaction tax: shaping global financial governance in its own image?

1 Introduction

2 The Union's mission in global financial governance

3 Institutional and substantive legal features of a global FTT convention

3.1 Central features of the EU proposal

3.2 The functions of the FTT convention in the EU's own image

3.3 Political decision-making: need for G20 reform

3.4 Flexible rule-making and adjustment: a reformed IMF

3.5 Levying the tax: watershed for the global financial legal order

3.6 Administration: information for prudential purposes

3.7 Dispute resolution and sanctioning following the WTO example

3.8 Distribution of revenue: innovative financing for climate and development

4 Conclusion

Conclusion: messianism, mission, or Realpolitik? Some concluding observations on the EU's role in shaping the international legal order

1 The Union's many engagements with the international legal order

2 First the grubs, then the moral?

3 The Union's active paradigm in engaging with the international legal order

Index