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  • Author: Monica M. Ruiz
  • Publication Date: 07-2017
  • Content Type: Journal Article
  • Journal: Fletcher Security Review
  • Institution: The Fletcher School, Tufts University
  • Abstract: There are often misunderstandings among member states in international organizations (IO) regarding the legal nature of certain acts. Issues of privileges and immunities based on the principle of functional necessity, both inherent and implied powers, and the principle of good faith under common law are continuously criticized and debated by both member states and IOs alike. For this reason, international legal order can be a process of continuous transition and constant evolution. This essay analyzes the development and changes of legal norms in the European Union’s (EU) Common Foreign and Security Policy (CFSP). On that basis, it will unfold by looking at the EU’s legal structure to create a solid framework for understanding the current challenges for common European defense policy in relation to Russia’s involvement in Ukraine. Although there have been substantial legal improvements introduced by the Treaty of Amsterdam (effective 1999) and by the Treaty of Nice (effective 2003) to help clarify the ambiguous nature of the CFSP, its objectives remain wide and abstract. This further precludes the EU from formulating a joint and coherent stance on issues related to defense...
  • Topic: Security, Defense Policy, International Law, International Organization, Treaties and Agreements
  • Political Geography: Russia, Ukraine, European Union