OUVRAGE : M. Evans, P. Koutrakos, The International Responsibility of the European Union: European and International Perspectives

Catherine MAIA 

How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations.

Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective. 

TABLE OF CONTENTS

Acknowledgement

List of Contributors

Introduction

Malcolm Evans and Panos Koutrakos

PART I: SETTING THE SCENE

1 Attribution of International Responsibility: Direction and Control

Christian Tomuschat

2 EU International Responsibility and its Attribution: From the Inside Looking Out

Pieter Jan Kuijper and Esa Paasivirta

PART II: CURRENT APPROACHES TO INTERNATIONAL RESPONSIBILITY

3 Self-Control: International Organisations and the Quest for Accountability

Jan Klabbers

4 Approaches to Responsibility in International Courts

Malcolm Evans and Phoebe Okowa

5 International Responsibility of the EU and the European Court of Justice

Allan Rosas

PART III: TOOLS FOR DETERMINING RESPONSIBILITY

6 Erga Omnes, Jus Cogens and Their Impact on the Law of Responsibility

Christian J Tams and Alessandra Asteriti

7 EU Declarations of Competence and International Responsibility

Joni Heliskoski

PART IV: RESPONSIBILITY OF THE EU IN SUBSTANTIVE POLICY AREA

8 Responsibility of the European Union in the Context of Investment 215

Eileen Denza

9 The ‘Odd Couple’: The Responsibility of the EU at the WTO

Andrés Delgado Casteleiro and Joris Larik

10 The Wrong Trousers: State Responsibility and International Environmental Law 257

Catherine Redgwell

11 Common but Differentiated Responsibilities in EU Climate Change Law: A Case of Double Standards?

Chris Hilson

12 Beyond the Either/Or: Dual Attribution to the European Union and to the Member State for Breach of the ECHR 

Enzo Cannizzaro

13 The International Responsibility of the Union in the Context of its CSDP Operations 313

Frederik Naert

14 EU Foreign, Security and Defence Policy: A Competence-Responsibility Gap? 

Ramses A Wessel and Leonhard den Hertog
Postscript to Chapter 12

Enzo Cannizzaro

Index

 

Malcolm EVANS, Panos KOUTRAKOS, The International Responsibility of the European Union: European and International Perspectives, Oxford, Hart Publishing, 2013 (382 pp.)

Malcolm Evans is Professor of Public International Law at the University of Bristol.
Panos Koutrakos is Professor of European Union Law at City University London.