The European Union in international organisations and global governance : recent developments / edited by Christine Kaddous.
2015
KJE5105.A8 E97 2015 (Map It)
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Details
Title
The European Union in international organisations and global governance : recent developments / edited by Christine Kaddous.
Published
Oxford : Hart Publishing, 2015.
Call Number
KJE5105.A8 E97 2015
ISBN
9781849467001
1849467005
1849467005
Description
xxviii, 279 pages ; 24 cm.
System Control No.
(OCoLC)922954420
Note
Contributions based on reports presented at a conference organized in Geneva, 2014.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Preface
v
List of Contributors
xvii
List of Abbreviations
xxv
1.
Introduction: The European Union in International Organisations---Functional Necessity or General Aspiration? / Christine Kaddous
1
I.
Principles Applicable to the External Representation of the European Union
3
II.
Foundations for the Union to Participate in International Organisations
7
A.
Conferral and Distribution of Competences Between the Union and the Member States
8
B.
Forms of European Union Participation in International Organisations
10
I.
Observer Status
10
II.
Full Membership
11
III.
Challenges Linked to the Participation of the Union in International Organisations
13
A.
Coordination Between the Union and the Member States in International Organisations
14
B.
Establishment of Positions to be Adopted on the Union's Behalf within an International Organisation
18
IV.
Is the Ever Greater Participation of the Union in International Organisations the Result of a Functional Necessity or a General Aspiration?
21
pt. I
European Union in the United Nations
2.
United Nations: A European Union Perspective / Mariangela Zappia
25
I.
Introduction
25
II.
Overall Framework of UN-EU Cooperation
26
A.
European Union Becoming a Real Actor on the International Scene
27
B.
Lisbon Treaty and the UN General Assembly Resolution on the Participation of the EU in the UN
27
III.
EU Working Methods in Geneva Following the Entry into Force of the Lisbon Treaty
28
A.
EU Delegation at the Centre of the EU Coordination
29
B.
Developing Practical Working Mechanisms Together with the Member States
29
IV.
Outlook and Conclusion
30
3.
Position of the European Union in the United Nations: A United Nations Perspective / Markus Schmidt
33
I.
EU in the UN Human Rights Programme and the UN Human Rights Council
36
II.
Role of the EU in UN Humanitarian Affairs and in the International Strategy for Disaster Reduction (ISDR)
39
III.
Role of the EU in the UN Economic Commission for Europe
40
IV.
Conclusion
43
4.
Improving the European Union's Status in the United Nations and the UN System: An Objective Without a Strategy? / Thomas Ramopoulos
45
I.
Introduction: The UN as a Political Priority of the Union
45
II.
EU Representation at the UN after Lisbon
48
III.
EU at the UNGA and the HRC: UNGA Resolution 65/276 and its Aftermath
51
A.
Practical Implementation
52
B.
Extension to the Human Rights Council
55
IV.
Status of the EU in the Wider UN System
59
A.
Food and Agriculture Organization
60
B.
International Maritime Organization
66
C.
International Atomic Energy Agency
68
D.
United Nations Educational, Scientific and Cultural Organization
69
V.
Concluding Remarks
73
pt. II
European Union in the International Labour Organization
5.
Coordination Between the European Union and its Member States / Marco Ferri
77
I.
European Union Seen from the ILO Constitution
77
A.
ILO Actors
78
I.
Three Categories of Actors
78
B.
EU: A Non-classic International Organisation
78
C.
EU-ILO Cooperation
79
II.
ILO Activities of Interest to the European Union
79
A.
Shared Commitment to Social and Economic Progress
79
I.
Technical--Standard Setting
80
II.
Policy-making
83
III.
Political Issues
85
III.
How EU Coordination Happens and Who is doing all this?
86
A.
From the Perspective of an EU Member State
86
B.
EU Coordination in Practice
88
I.
International Labour Conference: Standard Setting and Other Items
88
II.
ILO Governing Body
89
C.
EU Actors in the ILO Context
89
I.
EU Actors and External Representation
89
II.
Applicable ILO Rules and EU Coordination
90
III.
Pre-Lisbon Practice
91
IV.
Post-Lisbon Practice
91
IV.
Conclusions
92
6.
European Union Participation and Cooperation in ILO Institutions and Activities: An ILO Perspective / Genevieve Pons-Deladriere
93
I.
Active EU Participation in the ILO
95
A.
General Observations
95
B.
EU Participation in the International Labour Conference (ILC) and ILO Standard-setting Activities
97
C.
Participation in the Governing Body
100
D.
EU Participation in Other Meetings
101
II.
Growing EU Cooperation with the ILO
101
A.
Institutional Aspects
101
B.
Common Agenda
102
C.
Practical Aspects of the Cooperation Between the ILO and the EU
103
III.
Concluding Remarks
105
pt. III
European Union in the World Trade Organization
7.
European Union in the World Trade Organization Post-Lisbon: No Single Change to the Single Voice? / Tomas Baert
109
I.
EU as a Single Actor in the WTO
110
II.
Single Voice but Multiple Members
111
III.
New Players, Old Practices?
112
IV.
Conclusion
114
8.
European Union and its Member States' Participation in the World Trade Organization: A WTO Perspective / Janos Volkai
115
I.
Membership
116
II.
Budgetary Contributions
117
III.
Right to Speak
117
IV.
Decision Making
117
V.
WTO Dispute Settlement
118
A.
Schedules
118
B.
EU Enlargements
119
C.
Treaty Making
119
9.
European Union in the World Trade Organization---A Model for the EU's Status in International Organisations? / Frank Hoffmeister
121
I.
Introduction
121
II.
EU Rules
122
A.
EU Powers
122
B.
EU Coordination
123
C.
Presentation of EU Positions
124
III.
WTO Rules and Practice
125
A.
Membership Rights and Obligations
125
B.
Accessions
126
C.
Law Making
127
I.
New Treaties
127
II.
Treaty Amendments
129
D.
Dispute Settlement
130
I.
Offensive Cases
130
II.
Defensive Cases
131
E.
Institutional Issues
132
I.
Budgetary Matters
133
II.
Personnel Matters
133
IV.
Assessment
134
A.
WTO Framework
134
B.
Conduct of Member States
135
C.
Ambition of the EU Institutions
136
V.
Conclusion
136
pt. IV
European Union in the World Health Organization
10.
Coordination Between the European Union and the Member States: An EU Perspective / Lourdes Chamorro
141
I.
European Union's Treaty Framework on Health
141
II.
European Union's Role in Global Health
142
III.
Cooperation Between the European Commission and the WHO
144
IV.
EU and its Member Slates' Participation in the WHO
146
V.
EU Representation at the WHO
148
VI.
EU and the WHO Framework Convention of Tobacco Control (FCTC)
150
VII.
Internal EU Coordination Process: A Practical Case
151
VIII.
Conclusions
153
11.
European Union and the World Health Organization: Interactions and Collaboration from a Governance and Policy Perspective / Gian Luca Burci
155
I.
Introduction
155
II.
Legal Basis for the EU's Participation and Interaction with the WHO
156
III.
EU's Participation in the WHO's Governance
160
A.
General Legal Status
162
B.
Ad Hoc Invitations
163
C.
EU Participation in Drafting Groups
165
D.
EU Status in the WHO's International Legal Instruments
166
IV.
EU and the WHO in Policy Making
168
V.
Conclusions
172
12.
European Union's Role and Potential in Research and Innovation for Global Health / Albrecht Jahn
175
I.
Introduction
175
A.
Background
175
I.
Research, Development and Innovation
175
II.
Role of Health
176
B.
Importance of Global Health
179
II.
Case for Explicit EU Engagement in Research and Innovation for Global Health
179
A.
Recognition of Health as a Human Right and Promotion of Human Rights and European Values
181
B.
Consistency with International and EU Commitments to Global Health
181
C.
Benefits to the EU Itself of Addressing Global Health Needs and Inequities
191
I.
Innovation Union
191
II.
Health Security
203
III.
Economics, Trade and Health Equity
209
IV.
Capacity Building in the Health Workforce and Research
212
V.
Health as Foreign Policy and Diplomacy
213
III.
Conclusions and Recommendations for Research and Innovation
216
A.
Recommended Strategies to Progress Research and Innovation for Global Health
217
pt. V
European Union in the World Intellectual Property Organization
13.
European Union in the World Intellectual Property Organization: From a Cloudy Complexity towards an Ordered Pluralism: An External Appraisal / Jean-Christophe Galloux
223
I.
Cloudy Complexity
224
A.
Factors of Complexity
224
I.
Complexity of the Subject Matter
224
II.
Complexity of the Relations Between the EU and the Member States
227
B.
Consequences of this Complexity on EU/WIPO Relations
228
II.
Towards an Ordered Pluralism
231
A.
Developing European Success within WIPO
232
I.
Success of European Coordination
232
II.
Knock-on Effect
233
B.
Going Further?
233
pt. VI
European Union Participation in International Organisations and Its Normative Power
14.
How to Evaluate the European Union as a Normative Power in Multilevel Governance of Public Goods? Methodological Pluralism and its Constitutional Limits in European Governance / Ernst-Ulrich Petersmann
237
I.
Methodological Pluralism and its Constitutional Limits in European Governance
239
A.
Competing Legal, Economic and Political Approaches to Multilevel Governance of PGs
240
B.
Need for Interdisciplinary Clarification of the `Principles of Justice' Underlying UN/WTO Law
243
II.
Human Rights Law and EU Law Require Protecting Transnational Rule of Law in Multilevel Governance Systems Through `Consistent Interpretations' and `Judicial Comity'
245
A.
Justice as International Order Protected by Power (for example, GATT 1947)?
248
B.
Justice as Republican Democratic Decision Making (for example, the Bretton Woods and 1979 Tokyo Round Agreements)
249
C.
`Constitutional Justice' as Multilevel Constitutional Protection of Constitutional Rights (for example in European Human Rights and Economic Law)
251
D.
`Commutative Justice' in Functionally Limited PGs Regimes (for example, WTO Law)
252
E.
`Cosmopolitan Justice Regimes' (for example Commercial and Investment Law)
253
III.
ELI Law and UN Human Rights Law Justify EU Leadership for Cosmopolitan Interpretations of Law and `Rules of Recognition'
254
A.
Democratic Clarification of `Principles of Justice' in Conformity with Multilevel HRL
255
B.
Judicial Protection of `Principles of Justice' and Cosmopolitan Rights
258
C.
EU Leadership for Cosmopolitan International Law?
260
Annexes
1.
Council of the European Union: EU Statements in Multilateral Organisations: General Arrangements
263
2.
UN Resolution 65/276: Participation of the European Union in the Work of the United Nations
267
Index
271