The enlargement of the EU has highlighted the challenges of compliance, but it has also helped to suggest new compliance methodologies. The combination of methodologies used by the EU and the differing levels of enforcement available are characteristic of the EU's compliance system, permitting the remarkable reach and penetration of EU norms into national systems. In this new study six authors offer their assessment of the enforcement procedures and compliance processes that have been developed to ensure Member State compliance with EU law. The first three chapters examine the merits of combing both coercive and problem-solving strategies, describing the systems in place and focusing on the different levels at which compliance mechanisms operate: national, regional, and international. It also looks at horizontal compliance as well as 'from above' compliance, creating a complex and rich picture of the EU's system.
The final three chapters of the book focus on different aspects of compliance seen from a national perspective. The first analyzes the two bases for the use of criminal sanctions to enforce EU law: the ability of Member States to choose to include criminal penalties for non-compliance in their national law; and the imposition of criminal sanctions at a national level by EU law itself. The book then moves on to a discussion of the role of national courts in ensuring Member State compliance with, and enforcement of, EU law. It examines the role of national constitutional courts in facilitating compliance with EU law and draws comparisons between EU law and international law and their interactions both with each other and with national constitutional courts.

This book is a useful tool to anyone who is interested in the enlargement of the E.U., to the citizens of the ten acceded countries who would like to know how they managed to accede and also to officials of the new candidate countries, who are preparing their country for accession. The "Accession Story" provides a unique overview of the enlargement of the E.U. from 15 to 25 countries. It consists of two main parts. In the first part the then Director General of D.G. Enlargement, Mr. Eneko Landaburu, and Denmark's Permanent Representative in the E.U., Ambassador Poul Christoffersen, provides a comprehensive picture of the enlargement process from the beginning to the end, from the Brussels' point of view. The second part, written by the ten people responsible for negotiating the accession of their countries, presents the challenges, problems and difficulties each one of the ten countries had to overcome, in order to succeed to adopt the acquis communautaire and be accepted into the E.U.

The essays which appear in this volume have been written to pay tribute to the Hon Mr Justice Nial Fennelly, judge of the Supreme Court of Ireland and former Advocate General at the European Court of Justice, on the occasion of his retirement. The overall theme of the book is the relationship between European Union law and national law, and the role of courts in defining that relationship. The book consists of four main parts - the structure and functioning of the European Court of Justice, material issues of European Union law, aspects of Irish law and transversal issues of national and European law. The contributors are all past and present members of the European bench, members or former members of the Irish judiciary or Bar and/or experts in European Union law, many of whom have worked with Mr Justice Fennelly during his long and distinguished career at the Bar and on the bench.

The perceived impact of WTO law on the domestic regulatory autonomy of WTO Members is increasingly becoming the subject of controversy and debate. This book brings together in an integrated analytical framework the main WTO parameters defining the interface between the WTO and domestic legal orders, and examines how WTO adjudicators, i.e. panels and the Appellate Body, have construed those rules. A critical analysis identifies the flaws or weaknesses of these quasi-judicial solutions and their potential consequences for Members' regulatory autonomy. In an attempt to identify a more proper balance between WTO law and regulatory autonomy, it develops an innovative interpretation of the National Treatment obligations in GATT and GATS, drawing upon compelling arguments from legal, logic and economic theory.

A revealing exploration of nation-building around the world and its related problems and challenges-from conflict to the role of democracy. Nation-Building: A Reference Handbook offers an in-depth examination of the nation-building process with special focus on the late 20th century to the present. U.S. national security expert Cynthia Watson explores economic, political, and social aspects of nation-building and provides unique insight into hot issues and fundamental concerns. Presenting nation-building from many perspectives, Watson discusses states such as Iraq, Afghanistan, the Balkan countries, and East Timor, among others. She illustrates the challenges of rebuilding a country's infrastructure as well as unanticipated problems. The work provides a thorough treatment of the role that democracy plays in the nation-building process and illuminates the position of the United States juxtaposed with UN peacekeeping efforts. This one-of-a-kind reference work is complete with primary source documents, biographical sketches, and resource suggestions. Chronology of the dramatic history of nation-building, covering key developments such as the aftermath of military operations in Afghanistan and the rebuilding of Iraq Biographical profiles of significant individuals who have had a positive or negative impact on nation-building, including Hamid Karzai and Osama bin Laden

Since the end of the Cold War, United Nations peace operations have become an established and prominent feature of world politics. From Liberia to East Timor, the UN now carries out extensive governance-related functions and is a significant political force in Southern states and societies. Here Richard Al-Qaq leads us to a radical new understanding of the UN and its role in international politics. He uncovers the political and socio-economic import of such "peace" activities for subject societies, and raises important questions about the functioning and dynamics of the global political order. A critical view of the internal process of programmatic reform within the UN is elaborated by detailed studies of the politics of UN peace operations in three seminal cases of the 1990s, in Somalia, Rwanda and Angola. This book is essential for understanding the new role of the UN, especially in Africa, and the politics of so-called humanitarian intervention and peace-building.

Sabic, Bukowski, and their contributors examine the efforts, thus far fruitless. of Slovenia to achieve full membership in the North Atlantic Treaty Organization. The rejection of the Slovenian application received considerable attention, both in Europe and in the United States. Within Slovenia, the rejection was seen as a heavy blow to its government. Policymakers and scholars alike have been sorting out the reasons for this political defeat, with the Slovenian government sponsoring this volume to better understand its options and the positions of other small states in the international community.

Early in the post-socialist era, Slovenia viewed full North Atlantic Treaty Organization membership as one of its major political goals. Yet, this goal has not yet been accomplished, with only the Czech Republic, Hungary, and Poland admitted during the first round of NATO enlargement. The rejection of the Slovenian application received considerable attention, both in Europe and in the United States. Furthermore, the fact that Slovenia did not qualify for the first round of NATO expansion has been perceived in Slovenia as a heavy blow to its government. Policymakers and scholars alike are still sorting out the reasons for this political defeat.

In a period when the nature and scope of the European internal market is hotly contested, this collection offers a topical analysis of the most pressing issues relating to market integration and public services in the EU. As the debate continues over the balance between state control and market freedom, questions are also raised about the relationship between EU regulation and national policy choices and the 'joint responsibility' of the Union and the Member States.
Outlining the most important current issues relating to market integration and public services in the EU, Market Integration and Public Services in the European Union also addresses the underlying, systemic questions of the relation between public services and markets, and services and the consumer. Chapters also examine the application of state aids and procurement law to public services. The final two chapters focus on two public service sectors where the mix of Treaty rules, case law, and legislation has operated in rather different ways: public service media and health services

Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts? This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.

The European Commission is at the very heart of the European integration process and, with the Council, is one of the two central institutions of the European Union. Its activist role under Jacques Delors led to a dramatic increase in its activity and influence and contributed to a crisis of confidence in its effectiveness and its lack of adequate financial controls which culminated in the resignation of the entire Commission under Jacques Santer in 1999. What progress has the Commission made in addressing these issues under Romano Prodi? What are its prospects in face of the new challenges of Eastward enlargement? How great is its influence and how does this vary according to issues and circumstances? What are the implications of its hybrid character as a political and administrative body? How much has the Commission changed over time and how much - and how - does it need to change now? Written by a leading authority and author of the best-selling introductory text on the EU, this major new text provides the definitive introduction to, and assessment of the Commission, its evolution, composition, organisation, character, functioning and role. Comprehensive, up to date and based on extensive original research it will be essential reading for students of European integration; politicians, policy makers and functionaries; and anyone with a serious interest in the European Union, its current character and future prospects.

The essays gathered in this collection examine the involvement of self-governing sub-national and regional actors in the law and policy-making of the European Union. State power is today exercised in the context of the complex institutional environment of the EU. But what of regions and sub-national actors? Are their interests adequately represented; can they advance them or can they,at least, protect them from unwitting or calculated damage? This book surveys the broad questions of law and political science and investigates the contribution of the EU's Committee of the Regions and also 'bottom-up' initiatives launched by the regions themselves. Given that much regional autonomy has been hard won, one would suppose that the centralising influence flowing from the EU's intrusion into the domestic settlement would be treated with extreme caution by the regions. Moreover, among the Member States there is great diversity in the patterns of political organisation adopted to cope with the tension between the centralisation of power and respect for local autonomy. Case studies including Spain, Germany and Finland reveal that there is no single consistent historical narrative. States change, as the UK's recent experience illustrates. The book offers findings that are interesting at a general level in investigating patterns of multi-level governance, but is also rich in case-specific information.

Flexibility is emerging as a key dynamic of European integration. This shift towards flexibility has major implications. The EU will have to cope with more complexity and less transparency. It also affects the way in which European integration is viewed since it makes a state-like outcome to the process far less likely. Alex Warleigh looks at why flexibility has become such an important feature of the EU. He examines its history, and puts forward a typology to explain the models by which it is understood. He goes on to explore the hazards of flexibility and to look at what it has to offer, arguing that it is best seen as a desirable part of the integration process rather than as a problem. Flexibility, he argues is an important mechanism for the realization of the EU's slogan unity in diversity.

This book provides an account of the development of the European Union, from a relatively specialized organ of economic cooperation in the 1960s to the complex, quasi-federal entity that today governs over an increasingly diverse set of policy domains. The book is a must for anyone interested in understanding the past and future of European integration and supranational governance.

Agriculture has a small, and declining, importance in employment and income generation within the EU, but a political importance well beyond its economic impact. The EU's common agricultural policy (CAP) has often been the source of conflict between the EU and its trade partners within first the GATT, and then the WTO. In the Doha Round agriculture was again a sticking point, resulting in setbacks and delays. The position of the EU is pivotal. Due to the comparatively limited competitiveness of the EU's agricultural sector, and the EU's institutionally constrained ability to undertake CAP reform, the CAP sets limits for agricultural trade liberalization blocking progress across the full compass of the WTO agenda. Therefore, the farm trade negotiation, with the CAP at its core, is the key to understanding the dynamics of trade rounds in the WTO.
The book, written by a political scientist and an agricultural economist, applies theory on ideas to explain how the agricultural sector came to be included in the Single Undertaking that resulted in the Uruguay Round agreements, and how this led to a dynamic interplay between CAP reform and the possibility of further agricultural trade liberalization within the WTO, thereby providing useful insights into international trade relations.

The relationship between Europe and Asia is of increasing importance in the 21st century. The challenges straddling the two continents include immigration, poverty, environmental degradation, terrorism, drugs, nuclear proliferation and internecine strife. Addressing these problems will demand bi-continental cooperation in the fields of politics, economy, population, security and culture. The political rationale for Europe-Asia relations has been further strengthened by Russia's promotion of a more active role in Asia and in the international community more generally. In this book Georg Wiessala explores the significance of Asia for Europe in general and the EU in particular, calling for a much more sophisticated mutual understanding. He analyses the existing Asia Policy of the European Union, tracing its development in the last 30 years of the 20th century, and up to the publication of the strategy document "Europe and Asia: A Strategic Framework for Enhanced Partnership" in 2001. He also looks in detail at the importance of ASEM and at how to encourage broader participation, and he examines the relationship between the EU and the various regional bodies, especially ASEAN which the EU maintains is the cornerstone of its developing dialogue with Asia.

The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

A clear guide to current EU institutions, practices, and policies, this is also an informed insider's account of how they have emerged in their present form, with clues on future change. The mixture of analysis and history, description and prescription, works well, because the author has had a ringside seat, but retains a cool Nordic non-partisan detachment. The hints he offers to those, for example in Asia, considering following a similar path to regional integration, represent the distilled wisdom of a career in balancing economic benefits and national sensitivities. As his story shows, it can be done. - Lord Kerr, Former Head of the UK Diplomatic Service, now Chairman of Imperial College, London and Deputy Chairman of Royal Dutch Shell.

Formed in the aftermath of WWII and in the face of the emerging threat posed by the Soviet Union, the transformation that has taken place in recent years within NATO has been neither natural nor easy for the multi-national organization or the United States. When the Soviet Union ceased to exist it seemed NATO would disappear too. The rationale for a large American military deployment in Europe, described by President Eisenhower as a temporary move, no longer could be supported. This work documents the transition of the United States relationship with NATO from a focus on the defense of Western Europe to an inclusive military and political organization concerned with the security of all of Europe with the real potential for employment of its military power beyond the European continent. Despite budgeting and economic concerns raised by key members of the U.S. Congress, President George H.W. Bush supported the "status quo" and was caught completely off guard when the Berlin Wall fell. He and Defense Secretary Dick Cheney had not fully understood the changed strategic environment in Europe but the U.S. Congress did and offered many suggestions. NATO was saved. President Bill Clinton continued to promote the validity of NATO, expanded NATO eastwards, reduced the U.S. troop level in Europe to 100,000, and gave NATO a mission beyond warfare with the peacekeeping task in Bosnia. A new Atlantic relationship had been forged for the post-Cold War period.

Covering the period from the early 1950s to the end of the 20th century, this book presents a concise yet thorough historical analysis of the relationship between the European Union (and its predecessors) and the Middle East. The authors provide a survey of the evolution of the foreign policy mechanisms of the EU and an outline of the relevant aspects of modern Middle East history. They examine the relationship between the two regions from 1950 to the end of the Cold War, with special emphasis on the period following the 1973/4 oil crisis. They go on to look at the post-Cold War era discussing the conflict with Iraq and examining the EU's continuing involvement in the Middle East peace process.

Imperfect Unions illustrates how security institutions such as NATO, United Nations and ASEAN change and why they matter. In order to understand contemporary security issues, one must also understand security institutions. It illustrates how institutionalist theory can enrich the important field of security studies.

In November 1997 Hungarians voted in favor of membership in NATO, primarily as a step toward membership in the European Union and integration into Western society. Andor examines the changes in Hungarian social, political, and economic life after the collapse of communism in Central Europe. He analyzes the difficulties, both internal and external, to making that transition.

In the early 1990s, public discourse was dominated by the enthusiastic slogans proclaiming Hungary's return to Europe. Things can only get better was the prevailing feeling surrounding the dismantling of the state socialist system and the construction of the new parliamentary democracy. From the very early years of transition, however, Hungarians faced large-scale and unexpected hardships in their changing lives which made them the most disappointed nation in Eastern Europe by 1993. In the second half of the 1990s, the policies of the Socialist-Liberal coalition, and particularly the positive developments in the enlargement process of NATO and the EU, restored the belief in a rapid and successful accession to the major Western economic and security organizations. But, as Andor indicates, the beginnings of negotiations about entry into NATO and EU will be merely the starting point of difficulties arising in both economics and politics. A thoughtful and cautious look at a changing Hungary that will be of interest to scholars, researchers, and policymakers involved with Central Europe and contemporary European politics and economics.

With each legislative issue, legislators have to decide whether to delegate decision-making to the executive and/or to expert bodies in order to flesh out the details of this legislation, or, alternatively, to spell out all aspects of this decision in legislation proper. The reasons why to delegate have been of prime interest to political science. The debate has concentrated on principal-agent theory to explain why politicians delegate decision-making to bureaucrats, to independent regulatory agencies, and to others actors and how to control these agents. By contrast, Changing Rules of Delegation focuses on these questions: Which actors are empowered by delegation? Are executive actors empowered over legislative actors? How do legislative actors react to the loss of power? What opportunities are there to change the institutional rules governing delegation in order to (re)gain institutional power and, with it influence over policy outcomes? The authors analyze the conditions and processes of change of the rules that delegate decision-making power to the Commission's implementing powers under comitology. Focusing on the role of the European Parliament the authors explain why the Commission, the Council, and increasingly the Parliament, delegated decision-making to the Commission. If they chose delegation, they still have to determine under which institutional rule comitology should operate. These rules, too, distribute power unequally among actors and therefore raise the question of how they came about in the first place and whether and how the "losers" of a rule change seek to alter the rules at a later point in time.

European integration has had a profound impact on the politics of Southern Europe, a region that was initially at the margin of the decision-making processes of the European Union, but is gradually becoming more and more influential. This volume offers a comparative overview of modern politics in Spain, Portugal, Italy, and Greece, focusing in particular on the process of integration of these countries into the European Union and on the impact of European public policy. The author analyzes the development of Southern European political systems, from the establishment of democratic governments to the most recent political events, looking at each individual system and finding patterns, similarities of development, as well as differences between them. Among the topics examined are the building of institutions, the parties and party systems, foreign policies, the political culture of each country, and the recent efforts towards the creation of a space of security and peace in the Mediterranean.

Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law. They cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corporations, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

"Encyclopedia of International Peacekeeping Operations" analyzes the broad national, regional, cultural, and international contexts of peacekeeping. Special focus is placed on such contemporary issues as human rights, peacebuilding from below, conflict resolution theory, civilian peacekeeping, gender considerations, and women in peacekeeping. The coverage is enhanced by a chronology, charts, maps, a list of acronyms, an annotated bibliography, and references to key websites.