Improving the EU's Status in the UN and the UN System: An Objective without a Strategy?
The Lisbon Treaty emphasizes the EU’s commitment to multilateralism, stating that it ‘shall seek to develop relations and build partnerships with [...] international, regional or global organisations’ and to ‘promote multilateral solutions to common problems, in particular in the framework of the United Nations’ (Article 21(1), second para., TEU). One of its key goals in external relations is ‘to support and work for effective multilateralism, with the United Nations at its core’. However these global ambitions are often not matched by the level of participation and representation that the EU enjoys in the UN and the UN system. This contribution examines some of the legal and political issues that are at play as the EU attempts to enhance its cooperation with and representation in the UN and the UN system. It examines these issues with regard to UN bodies that have been identified as targets for closer co-operation and others where the EU could potentially pursue upgraded status. It analyses both the EU’s participation in the respective fora and the legal and political potential for improving the Union’s status. The EU not only remains faced with a series of internal and external obstacles as a participant within the UN and the UN system, barring it from taking up its leading role at the global level – it currently also lacks a convincing strategy to overcome them.
The Relationship between EU Law and International Law
How do EU law and international law interact? Is the relationship between EU law and international law different from the relationship between general international law and one of its specialised legal orders, for example the relationship between international law and the law of the sea? In other words, is the question of the relationship only one about the fragmentation of international law? Are the rules of interaction between the legal orders just ‘technical’ conflict rules in this context? Or are the rules of interaction between the international and the EU legal order which has been described as an autonomous legal order, akin to rules that govern the interaction between international law and national legal orders? Elements of both the international and the constitutional paradigms are reflected in most areas of EU law. But they are particularly prominent when analysing the relationship between international and EU law, a topic that has enjoyed increasing attention in recent years. In this paper, firstly, the more formal basis for the relationship is considered by looking at the international law framework of EU law before, secondly, looking at the relationship between the two legal orders and the realities of the relationship as expressed in the status of international law within the EU legal order.
Commission v. Sweden. Case C-246/07
European Court of Justice Grand Chamber ruling on EU member states� obligations under such treaty regimes as the Stockholm Convention on Persistent Organic Pollutants