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The sovereignty of the Member States of the European Union limits
the competence of the EU in international relations. Yet in certain
manifestations - such as its restraints on the treaty-making power
of the Member States, and its significant weight in international
organizations - the EU is developing what may be regarded as a
coherent foreign policy. It is important to examine and come to an
understanding of what that policy entails and how it is likely to
pursue its development. This symposium, brought together under the
auspices of the Institute of International and EU Law of the
University of Macerata, presents legal, political, and economic
analysis by 19 leading European scholars. The topics covered
include: the EU decision-making process in foreign relations; the
roles of the EU institutions-the Commission, Council, Parliament,
Court of Justice, and Central Bank; economic and monetary policy;
international relations law jurisprudence in the ECJ and the Member
State judiciaries; supranational vs. intergovernmental models; and
erga omnes obligations. In a world becoming ever more
interdependent, the European Union is increasingly called upon to
play a role on the world stage befitting its collective economic
might. As a synthesis of how the EU is currently acting in 2002 -
and how it is perceived - this book should be of value.
The Law of Treaties Beyond the Vienna Convention offers a
comprehensive analysis of the law of treaties as it emerges from
the interplay between the 1969 Vienna Convention on the Law of
Treaties and customary international law. It revisits the basic
concepts underlying the provisions of the Vienna Convention, so as
to determine the actual state of the law and its foreseeable
development. In doing so, it examines some of the most
controversial aspects of the law of treaties.
The book first explores the influence exerted by the Vienna
Convention on pre-existing customary law. Certain rules of the
Convention which, at the time of its adoption, appeared to fall
within the realm of progressive development, can now be regarded as
customary international rules. Conversely, a number of provisions
of the Convention, in particular those which have been the subject
of subsequent codification work by the International Law
Commission, have become obsolete. It then examines the impact
exerted by the Vienna Convention on the development of other fields
of international law, such as the law of international
responsibility and the law of international organizations. The last
section of the book is devoted to cross-cutting issues, with
particular reference to the notion of jus cogens - a concept first
used in the Vienna Convention in connection with the problem of the
validity of treaties and which, afterwards, has acquired a legal
significance going well beyond the Convention.
Written by a team of renowned international lawyers, The Law of
Treaties Beyond the Vienna Convention offers new insight into the
basic concepts and methodology of the law of treaties and its
problems.
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