1-20 of 39 Results

  • Keyword: treaty x
Clear all

Chapter

Cover European Union Politics

2. The European Union: Establishment and Development  

David Phinnemore

The focus of this chapter is the emergence of the European Communities in the 1950s, their evolution in the three decades thereafter, and the establishment and early development of the European Union (EU) in the 1990s. The chapter explores key developments in the first five decades of European integration and some of the tensions that have shaped them. It considers the ambitions of the architects and supporters of the European Communities and how their hopes and aspirations played out as integration became a reality in the 1950s and 1960s. It looks at how their ambitions grew and how the process then lost momentum in the 1970s before the idea of ‘European union’ was rekindled in the 1980s with the Single European Act (1986) and the Single Market project. These acted as catalysts for a new era of dynamic European integration with the now expanded Communities at its core. The chapter then explores how, through the adoption and implementation of the Treaty on European Union (1992), the European Union was established. The chapter assesses the unique and incomplete form of the new ‘union’ and examines the impact on it of reforms introduced by the Treaty of Amsterdam (1997) and the Treaty of Nice (2000) as the EU sought to prepare itself for the further enlargement and the challenges of the initial years of the twenty-first century.

Chapter

Cover European Union Politics

21. The Area of Freedom, Security, and Justice  

Emek M. Uçarer

This chapter looks at Justice and Home Affairs (JHA), and its subsequent transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ comprises the policy areas immigration and asylum, and police and judicial cooperation. This chapter focuses on the early years of cooperation in this policy area, providing an introduction to the Schengen Agreement before reviewing the procedural steps taken by the Maastricht Treaty (1993), at Amsterdam (1999), and institutional developments culminating in the Lisbon Treaty. The chapter also concentrates on policy output, looking beyond Maastricht, Amsterdam, and Lisbon, at the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. The chapter argues that, although some progress has already been made toward Europeanizing AFSJ policy, this field continues to be laced with intergovernmentalism and numerous challenges remain to be resolved, especially in light of broader challenges facing the Union.

Chapter

Cover European Union Politics

3. Carrying the EU Forward: The Era of Lisbon  

Clive Church and David Phinnemore

This chapter explores how the EU ended a long period of constitutional change by agreeing the Treaty of Lisbon and used it to face new challenges of financial crisis, Brexit, and Covid-19—the latter events leading to thoughts that further treaty change might be needed. The process started with the 2002–03 Convention on the Future of Europe leadin to the Constitutional Treaty of 2004 and in October 2007 produced the Treaty of Lisbon which eventually entered into force on 1 December 2009. Its implementation was complicated by the eurozone crisis, resulting in extra-treaty arrangements and another treaty amendment. Although the official appetite for treaty reform all but evaporated in the 2010s, the UK’s June 2016 vote to quit the EU raised the hopes for further changes. The end of the 2010s and into the 2020s saw Brexit being negotiated within the terms of the Treaty of European Union the EU’s treaty agreeing measures to deal with the Covid-19 pandemic. Calls for treaty revision continued but active steps to re-negotiate the consolidated treaties have not yet begun.

Chapter

Cover Politics in the European Union

10. From Amsterdam to Lisbon (2000–09)  

This chapter examines the new strategy adopted in March 2000 by a special European Council in Lisbon to make the European Union (EU) more competitive, culminating in the signing of the Treaty of Lisbon. The Amsterdam Treaty had scarcely entered into force before further Treaty reform emerged on the agenda. Throughout the year 2000, a new intergovernmental conference met to address outstanding institutional issues that had not been settled at Amsterdam. It concluded in December 2000 with the longest European Council in history, which led to the Treaty of Nice. The chapter first considers the Nice Treaty, before discussing the Lisbon Strategy, the European Security and Defence Policy, the Constitutional Treaty, the issue of enlargement, the European Parliament (EP), and the nomination of a new European Commission. It ends with a discussion of the Treaty of Lisbon.

Chapter

Cover International Relations and the European Union

6. The Problem of Coherence in the European Union’s International Relations  

Carmen Gebhard

This chapter examines the problem of coherence in the European Union's international relations. The EU consists of an extremely complex system of institutional structures. One of the implications of this complexity is coherence, or the ambition and necessity to bring the various parts of the EU's external relations together to increase strategic convergence and ensure procedural efficiency. The chapter first provides a historical overview of the concept of coherence and the debates around it before discussing different conceptual dimensions of coherence. It then describes the neutral, benign, and malign ‘faces’ that coherence assumes in political and academic debates. Based on this conceptual framework, the chapter explores the current legal basis of the Treaty of Lisbon as well as the EU's comprehensive approach to external action in crises and conflicts as one of the key political initiatives aimed at fostering the objectives laid down in primary law.

Chapter

Cover The Institutions of the European Union

3. The European Council:  

the Union’s supreme decision-maker

Luuk van Middelaar and Uwe Puetter

This chapter discusses the central role of the European Council in European Union (EU) politics and policymaking. Even though it was not listed among the EU’s core institutions until the Treaty of Lisbon, the European Council regularly intervenes in EU decision-making to make other institutional actors follow its guidance. Initially, it was meant to be predominantly an informal institution for direct exchanges between the heads of state or government of the member states. Yet it assumed responsibility for landmark decisions which paved the way for key steps in integration, such as EU enlargements and the euro. The European Council has arguably saved the Union from break-up by acting as its ultimate crisis manager and, at times, has skirted the boundaries of EU law by finding institutional compromises and fixes. The institution plays a guiding role, especially in relation to the Commission and the Council of the European Union, which was formerly known as the Council of Ministers. The European Council devises strategic guidelines for policy development, shapes processes of institutional reform, and breaks impasses when agreement cannot otherwise be found. Since the Treaty of Maastricht, European Council intervention has become a routine in new EU policy areas, such as euro area economic governance and foreign policy. The Treaty of Lisbon assigns the European Council its own full-time president and places the institution right after the European Parliament (EP) in the list of EU institutions. Even though it has shaped European integration since 1975, the European Council did not find much recognition in traditional theories of European integration. This has changed more recently, with renewed debate about intergovernmentalism in EU politics.

Chapter

Cover Politics in the European Union

22. Environment and Climate  

This chapter examines the evolution of the European Union’s (EU) environmental policy. The environment is a relatively new policy area of the EU. It was not officially created until 1973 and acquired a sound legal basis in the Treaties only with the passage of the Single European Act (SEA) in 1987. When the EU was established, environmental issues were low on the political agenda. However, they have become increasingly important at both national and European levels, and there is now a comprehensive environmental policy at the EU level and the EU has developed a reputation as an environmental leader in international environmental diplomacy, especially on climate change. The chapter first explains the main drivers for the development of the EU’s environmental policy, before discussing recent developments, and some of the major issues of current concern. It concludes by evaluating the theoretical leverage of the key integration theories for explaining and critiquing this policy sector.

Chapter

Cover Politics in the European Union

23. Freedom, Security, and Justice  

This chapter examines the European Union’s (EU’s) policy activity in the area of freedom, security, and justice (AFSJ). Introduced mainly by the Maastricht Treaty of 1992, the AFSJ was initially given the name Justice and Home Affairs (JHA). The AFSJ was greatly enhanced by the Treaty of Lisbon and has matured over time, despite the controversy surrounding the way in which it strikes at national sovereignty. A key characteristic of JHA, later AFSJ, has been the use of differentiated integration. The chapter first provides a historical background on the AFSJ, focusing on the policy dynamics and JHA structures under the Treaty on European Union (TEU) as well as the reforms of the Treaty of Amsterdam. It then considers the AFSJ’s institutional character and policy content, before examining the refugee crisis. It concludes with an assessment of key explanations and debates relating to the AFSJ.

Chapter

Cover European Union Politics

19. The European Union’s Foreign, Security, and Defence Policies  

Ana E. Juncos and Anna Maria Friis

EU cooperation in foreign, security, and defence policy has developed rapidly since the launch of the Common Foreign and Security Policy (CFSP) in the early 1990s. The first section of this chapter charts the first steps towards a common policy in this area, including the development of the Common Security and Defence Policy (CSDP) and the gradual militarization of the EU. The chapter then reviews the key theoretical debates on the EU’s role as a foreign and security actor. The subsequent section analyses the main actors involved in the CFSP, focusing in particular on the role of the member states and EU institutions in the development of the policy. The next section of the chapter evaluates the range of military and civilian CSDP operations and missions that the EU has undertaken to date, before examining the key challenges that the EU faces in this area.

Chapter

Cover Politics in the European Union

9. Maastricht and Amsterdam (the Late 1980s to the Late 1990s)  

This chapter examines two important developments in the history of the European Union (EU): the signing of the Maastricht and Amsterdam Treaties. In June 1989, the European Council agreed to European Commission President Jacques Delors’s three-stage plan for monetary union by 1999, despite British opposition. In 1991, intergovernmental conferences (IGCs) were held on both monetary union and political union. The proposals of these IGCs were incorporated into the Treaty on European Union (TEU), agreed at Maastricht in December 1991. The TEU marked a major step on the road to European integration. It committed most of the member states to adopting a single currency and introduced the concept of European citizenship, among others. This chapter considers the events leading up to the signing of the TEU, from the Maastricht negotiations to the issue of enlargement, the 1996 IGC, and the Treaty of Amsterdam.

Chapter

Cover Human Rights

Genocide and Human Rights  

Scott Straus

This chapter discusses the correlation between genocide and human rights. It examines Raphael Lemkin's concept of genocide which resulted in an international treaty on the punishment and prevention of genocide. The UN Genocide Convention became the law that embodied the landmark treaty on genocide. Additionally, the chapter explores the social scientific theories on why genocide occurs. Classic theories on genocide tend to highlight intergroup antipathy, authoritarianism, and hardship. The chapter also references the historical background and international responses to the genocides recorded in Rwanda and Darfur. It reflects on the possibilities and limits of the Genocide Convention as a human rights instrument.

Chapter

Cover European Integration Theory

13. Taking Stock of Integration Theory  

Antje Wiener

This chapter takes stock of the third edition of European Integration Theory in three steps. First, it offers a comparative perspective on the distinct contributions to the mosaic of integration presented by each chapter. The assessment is framed by three sea-faring metaphors of European integration, and details the insights derived by each of the book’s contributions from addressing the kind of polity, politics, and policy based on the three types of crises (i.e. economic, refugee, and security). Second, the chapter addresses the absence of security crises in the book’s contributions. To reverse that absence, it distinguishes the impact of integration along a horizontal regional comparative dimension and a vertical normative dimension. The former builds on insights from regional integration, the latter connects normative crises in EU sub-units with global conflicts. And third, the chapter addresses the question of how integration theory fares sixty years on from the Treaty of Rome, and points out potential issues and themes for the future of European integration theory.

Book

Cover Politics in the European Union

Simon Bulmer, Owen Parker, Ian Bache, Stephen George, and Charlotte Burns

Politics in the European Union examines the theory, history, institutions, and policies of the European Union (EU). The EU is a unique, complex, and ever-changing political entity, which continues to shape both international politics and the politics of its individual member states. The text provides a clear analysis of the organization and presents a well-rounded introduction to the subject. Complete and detailed in its coverage, including coverage of the eurozone, refugee crises, and Brexit, along with the latest theoretical developments, the text provides a comprehensive assessment of EU politics and policy at the start of the 2020s. The book is divided into four parts: Part One provides the student with a strong foundation in political theory and analysis; Part Two charts European integration from 1995 through to the 2010s; Part Three addresses the distinctive character of the EU institutions; and in Part Four, key EU policy areas, both internal and external, are covered.

Chapter

Cover Human Rights: Politics and Practice

4. Human Rights in International Law  

Rhona K. M. Smith

This chapter examines the international legal context of human rights. It first considers the historical evolution of international human rights law, with particular emphasis on the reincarnation of philosophical ideals as international laws (treaties), before discussing the principal sources of international human rights law such as customary international law and ‘soft’ law. It then describes the various forms of expressing human rights, along with the core international human rights instruments. It also explores the mechanisms for monitoring and enforcing human rights, including the United Nations system, regional human rights systems, and national human rights systems. Finally, it explains the process followed for a state wishing to be bound to the provisions of a treaty and the benefits of listing human rights in treaties.

Chapter

Cover The Institutions of the European Union

12. The institutions of Justice and Home Affairs:  

integrating security interests

Andrew Geddes

This chapter analyses the institutions of EU member state cooperation on issues such as asylum, refugee protection, migration, border controls, police cooperation, and judicial cooperation. Once seen as the prerogative of member states and as defining features of states’ identities as sovereign, complex incremental institutional change established new ways of working on internal security issues and reconfigured the strategic setting from which these issues are viewed. The recent history of these developments provides insight into the EU’s institutional and organizational development, while also demonstrating how, why, and with what effects these issues have become politicized in EU member states. The politicization of migration and asylum, in particular, complements this chapter’s focus on institutional developments by identifying the source of key pressures and strains to which these institutions have been exposed. The most recent COVID-19 pandemic restricting the free movement of people across Europe, the 2020 fire that broke out at the Moria refugee camp at Lesbos, and the European Commission’s ‘New Pact on Migration and Asylum’ of September 2020 raised serious questions about the content and viability of key components of the EU’s approach to security and human rights. From being a policy arena that was not even mentioned in the Treaty of Rome or Single European Act (SEA), internal security within an ‘area of freedom, security, and justice’ (AFSJ) is now a key EU priority. This chapter pinpoints key developments, specifies institutional roles, and explores the relationships over time between changing conceptualizations of security and institutional developments.

Chapter

Cover The Institutions of the European Union

6. The European Parliament:  

powerful but fragmented

Ariadna Ripoll Servent and Olivier Costa

The European Parliament (EP) symbolizes many of the struggles that characterize the process of European integration and is at the core of many theoretical and empirical debates about representation, accountability, and legitimacy. This chapter draws on a variety of theoretical approaches to explain the complex role the EP plays in the political system of the European Union (EU). It starts with a brief overview of the history and functions of the assembly, followed by a theoretical explanation of its empowerment over time. Then, it determines the extent to which the EP is capable of influencing policymaking, both in legislative and non-legislative domains, as well as for the appointment of the Commission. It presents the political structure of the assembly and underlines the role of parliamentary groups and committees. It discusses the representativeness of the EP and the democratic quality of its internal functioning. Finally, it addresses current and future challenges for the EP.

Chapter

Cover Global Politics

8. International Law  

This chapter describes the broad challenges involved in establishing global order under conditions of anarchy through international law. The fact that there is no world government with powers akin to national governments means that maintaining cooperative relations between and among states is always a careful balancing act, given the problem of enforcing international law in the absence of a single, overarching sovereign authority. The chapter looks at law in the global sphere through the notion of rule of law. It then considers the emergence of international law in broad historical perspective. Moving on to international law in the twentieth century, and up to the present period, the chapter examines the nature of treaties, charters, and covenants which operate in multiple issue areas from postal services, trade, and aviation to communications, the environment, and human rights. It also focuses on two major international courts: the International Court of Justice (ICJ) and the International Criminal Court (ICC). Finally, the chapter reflects on how the principles and practices of a rules-based international order are faring in the contemporary period with a focus on Russia, China, and the US.

Chapter

Cover Human Rights

The Human Right to Water  

Madeline Baer

This chapter tackles the human right to have access to water, as it plays a central role in issues such as poverty and climate change. It highlights the importance of clean water to daily survival and the future habitability of the planet. Water services have been viewed as public goods to be provided by governments without profit to all members of society. Moreover, international human rights treaties highlighted the accessibility and affordability of water as it is essential to realizing other rights. The chapter then raises the concern over the privatization of water by referencing the case study of Bolivia implementing and evaluating the human right to water (HRtW).

Chapter

Cover Human Rights

Human Rights in International Law  

Rhona K. M. Smith

This chapter focuses on human rights within international law. It discusses the principal monitoring systems that ensured states complied with their international human rights treaty obligations. Some human rights agreements involved the abolition of slavery, humanitarian law, and labour rights. The chapter then lists treaties, customary international law, and soft law as the sources of international human rights law. States generally indicate their acceptance of international human rights law by agreeing to treaties, but they could avoid the full impact of legal obligations through reservations, derogations, and declarations. Thus, the existing mechanisms for monitoring human rights have a light touch that encouraged states to comply with treaties through constructive dialogue instead of any court processes.

Chapter

Cover International Relations and the European Union

11. The European Union and International Development: Evolving Tensions and Contested Transformations  

Maurizio Carbone

This chapter examines the evolution of the European Union’s (EU’s) development policy since the Treaty of Rome. It shows how the EU has used development policy as part of its wider external relations agenda in an attempt to establish itself as an influential global actor. The chapter first considers the transformation in the EU’s (post)colonial development policy before discussing the changes introduced since 2000, including the attempt to project a common vision on international development and to promote synergies between foreign aid and other policies. In particular, it analyses the EU partnership with ACP (African, Caribbean, and Pacific Group of States), the Lomé Convention, and the Cotonou Partnership Agreement. The chapter concludes with an assessment of EU development policy in the context of international relations.