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.
Introduction Malcolm Evans and Panos KoutrakosPART I: SETTING THE SCENE1 Attribution of International Responsibility: Direction and Control Christian Tomuschat2 EU International Responsibility and its Attribution: From the Inside Looking Out Pieter Jan Kuijper and Esa PaasivirtaPART II: CURRENT APPROACHES TO INTERNATIONAL RESPONSIBILITY3 Self-Control: International Organisations and the Quest for Accountability Jan Klabbers4 Approaches to Responsibility in International Courts Malcolm Evans and Phoebe Okowa5 International Responsibility of the EU and the European Court of Justice Allan RosasPART III: TOOLS FOR DETERMINING RESPONSIBILITY6 Erga Omnes, Jus Cogens and Their Impact on the Law of Responsibility Christian J Tams and Alessandra Asteriti7 EU Declarations of Competence and International Responsibility Joni HeliskoskiPART IV: RESPONSIBILITY OF THE EU IN SUBSTANTIVE POLICY AREA8 Responsibility of the European Union in the Context of Investment Eileen Denza9 The 'Odd Couple': The Responsibility of the EU at the WTO Andres Delgado Casteleiro and Joris Larik10 The Wrong Trousers: State Responsibility and International Environmental Law Catherine Redgwell11 Common but Differentiated Responsibilities in EU Climate Change Law: A Case of Double Standards? Chris Hilson12 Beyond the Either/Or: Dual Attribution to the European Union and to the Member State for Breach of the ECHR Enzo Cannizzaro13 The International Responsibility of the Union in the Context of its CSDP Operations Frederik Naert14 EU Foreign, Security and Defence Policy: A Competence- Responsibility Gap? Ramses A Wessel and Leonhard den HertogPostscript to Chapter 12 Enzo Cannizzaro