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Legal Aspects of the Relationship between the UN and the EU in the Area of the Common Foreign and Securitv Policy

其他書名	(Pravni vidiki razmerja med Združenimi narodi in Evropsko unijo na področju Skupne zunanje in varnostne politike) : Diploma thesis : diplomska naloga
出版	Č. P. Fišinger, 2006
URL	http://books.google.com.hk/books?id=QGkPOgAACAAJ&hl=&source=gbs_api

註釋Recent developments in the European Union (EU) on the strategic and operational level in the field of the Common foreign and security policy point to the fact that the EU is more and more establishing itself as an important international actor willing to work either alone or hand in hand with NATO in order to respond to international crises. Therefore, it is pivotal to draw our attention to the primary responsibility of the United Nations Organisation, especially the United Nations Security Council, to maintain international peace and security. By establishing that the EU qualifies to be regarded as a regional organisation under Chapter VIII of the Charter of the United Nations, this paper highlights the legal obligations the EU is being faced with as a consequence of its status as a regional organisation as well as its activities within its Common foreign and security policy, especially in the area of conflict prevention and crisis management. Special attention is paid to the EU's mechanisms of peaceful settlement of disputes as well as its ability to coercively settle disputes by carrying out military enforcement actions, especially in the form of a military intervention in support of a non-military enforcement action, a military intervention in case of civil war, an armed humanitarian intervention and peace-keeping operations. The EU's obligation to implement UN's non-military coercive measures is explored as well Furthermore, this paper attempts to answer the question whether the EU can at present be regarded as an organisation of collective self-defence within the meaning of Article 51 of the Charter of the United Nations. Finally, we shall also look at the legal consequences the Treaty Establishing a Constitution for Europe could bring about for the EU in the area of crisis management within its Common foreign and security policy if it entered into force. We shall approach the subject matter from the perspective of the relevant provisions of the law of the UN Charter by taking into account the evolving law of the EU as well as the relevant existing practice.