From Treaty-Making to Treaty-Breaking

Integration through Law:The Role of Law and the Rule of Law in ASEAN Integration

Book 6
Cambridge University Press
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From Treaty-Making to Treaty-Breaking is the first high-level analysis of ASEAN's external trade agreements with non-ASEAN states. It clearly sets out the intended, and unintended, consequences of ASEAN's prevailing method of treaty making, with suggested guidelines for the future. The book begins by asking whether ASEAN trade agreements follow worldwide trends in the substantive content of such agreements. It raises questions such as: to what extent is it possible to continue concluding trade agreements through individual member states?; what are the legal consequences - from negotiation and conclusion (treaty-making) through to possible breach of the agreements (treaty-breaking)?; should ASEAN resort to mixed treaty-making? This study does not seek to give a definitive answer to these questions, rather it opens up the topic to readers by suggesting different possible models for ASEAN trade agreements. This thought-provoking book will appeal to anyone interested in trade negotiations and trade agreements, particularly in Asia.
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About the author

Pieter Jan Kuijper is Professor of the Law of International Organizations in the Amsterdam Centre of International Law (ACIL), University of Amsterdam. He previously worked for the European Commission, most recently as Principal Legal Advisor and Director of the External Relations and Trade Law team of the Commission Legal Service. He has also been Director of the Legal Affairs Division of the WTO Secretariat (1999002). His publications have concentrated on EU law, WTO law and general international law and the relationship between them.

James H. Mathis is an associate professor in the Department of International Law and research fellow in the Amsterdam Center for International Law (ACIL), University of Amsterdam. His research interests include international trade law and the WTO, domestic regulation issues in regional trade agreements, transatlantic trade issues, and regional/international competition policies. James is the managing editor of Legal Issues of Economic Integration, serves on the advisory board for the Trade Law Centre of Southern Africa (TRALAC), and is an occasional advisor on trade and competition issues for UNCTAD, Geneva.

Natalie Y. Morris-Sharma is Counsellor (Legal) at the Permanent Mission of the Republic of Singapore to the UN in New York, and Deputy Senior State Counsel with the International Affairs Division of Singapore's Attorney-General's Chambers. Natalie is Singapore's representative on the Sixth Committee, which is the primary forum for the consideration of legal questions in the UN General Assembly. She also advises the Government of Singapore on public international law issues, including regional trade and investment agreements involving ASEAN and EU.

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Additional Information

Publisher
Cambridge University Press
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Published on
Apr 16, 2015
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Pages
263
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ISBN
9781316301142
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Language
English
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Genres
Law / International
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Content Protection
This content is DRM protected.
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The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.
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