Essay from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 18/20, Sciences Po., Paris (Paris Institute of Political Studies), course: Law of external relations of the EU, language: English, abstract: This annotation firstly looks at the legal issues at stake, then at the decision of the Court regarding the infringement of the external competence of the Community as well as the infringement of the right of establishment. Lastly, the Court's decisions is assessed. In cases C-466/98, C-467/98, C-468/98, C-469/98, C-471/98, C-472/98, C-475/98 and C-476/9,8 delivered on November 5, 2002, also referred to as the “Open Skies” cases, the Commission took Austria, Belgium, Denmark, Finland, Germany, Luxembourg and Sweden to the European Court of Justice due to their concluded “Open Skies” agreements with the US, as well as the UK due to its Bermuda II agreement with the US.

External Relations Law of the European Community begins by noting two common characteristics of legal analyses in the field of EU external relations. First, most legal analyses assume that EC external relations law cannot be studied or applied without a constant awareness of the underlying political dynamics. Yet, the same analyses fail to explain how these 'dynamics' are to be understood, assessed and systematically applied. This pragmatic outlook reduces the importance and value of a self-reflective, rational and coherent legal language. Second, most legal analyses tend to focus only on n.

Master's Thesis from the year 2006 in the subject Politics - Topic: European Union, grade: A, University of Hamburg, language: English, abstract: Even though aviation is one of the driving forces of globalization, the airline industry itself remains far from being globalized: A framework of bilateral aviation agreements with rather restrictive national control on cross-border investment and competition mainly governs the civil airline industry. The Open Skies agreements between 11 EU Member States and the US can be seen as an attempt to introduce various liberal elements to the bilateral aviation agreements, while preserving the strict provisions on cross-border investment. However, the existence of the Open Skies agreements was put into question when on 5thNovember 2002 the European Court of Justice (ECJ) judged these agreements between the EU Member States and the US illegal under EU law, as they infringed both primary and secondary EU legislation. Moreover by declaring a mixed competence between the European Commission and the Member States in the field of external air transport, the ECJ judgment marked a decisive turn in the EU ́s history of air transport policy. The ECJ judgement thus entailed significant legal and economic consequences for the international civil aviation between the EU and the US. As to the precise future of the Open Skies agreements however, the ECJ remained evasive, imposing on the involved parties the burden of legal incertainty. Economically a sort of free trade area for air transport between the EU and the US, the two biggest aviation markets, seems the most reasonable solution, being of utmost importance in order to restructure the airlines operating in a context of market globalization and growing international competition. Politically though, the aviation sector has ever since been a sensitive issue, regarded as an instrument of foreign policy, national defense and national prestige. The future of the Open Skies has thus has been a topic of heated debate, not only in the scientific arena but as well in political and business circles. Particularly in view of the economic leverage of the EU and US aviation market, the decision about the future of the Open Skies agreements is likely to have a major impact on the way the international aviation industry will develop in the next decades. [...]

Jan Klabbers examines how membership of the European Union affect treaties concluded between the member and non-member states.

In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.

Piet Jan Slot is one of a notable group of innovators who have greatly elucidated the role of law in the construction of European integration. His retirement this year from the Law Faculty at Leiden University has occasioned this festschrift, in which forty-six colleagues, past and present, recognize his many sterling contributions and engage with issues central to his work. Many of them focus on aspects of European competition law, while others extend his preoccupations with such fields as environmental regulation, energy, transport, and the interfaces of European law with both Member State law and international (global) law. Ranging from historical tendencies to emerging trends and possibilities, the authors explore dozens of relevant topics, including the following: harmonization of EU law; progress of the concept of technical barriers; economic justifications and the fundamental freedoms; the Keck dichotomy between product requirements and selling arrangements; private antitrust enforcement in an international context; retail price maintenance; competitors role in the public enforcement of the state aid regime; scope of judicial review of sanctions in competition law; competition and security of supply; ownership unbundling; proliferation of EU regulatory agencies; and the influence of the ECJ on the interpretation of the ECHR. Conscious of Slot's ability to identify and analyse the crucial issues of a complicated matter and express them in a clear way adequately attuned to the listener, the authors tackle some of the most complex areas in European law. Although, like Slot, they consider European integration as a value that should be respected and fostered, by no means do they uncritically accept European law or the way it is made. They carry on Slot's work in interpreting and applying European law to search for solutions that maintain, develop and enrich the legal order established by the various European Treaties. This challenging and absorbing book offers everyone interested a rich selection of topical as well as controversial issues in a number of areas of European law. It is a fitting tribute to the diversity and reach of Slot's contribution to these fields as an academic and practitioner over a period of some forty years.

Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.