Kantian ethical anarchism is ethical anti-statism. It says that there is no adequate rational justification for political authority, the state, or any other state-like institution, and that we should reject and exit the state and other state-like institutions, in order to create and belong to a real-world, worldwide ethical community, aka humanity, in a world without any states or state-like institutions.
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By Phoebus Athanassiou and Stéphanie Laulhé Shaelou
European Union (EU) enlargement is both a policy and a process describing the expansion of the EU to neighbouring countries. The process of EU enlargement, first with the creation of the European Economic Community and, later, with that of the European Union, has resulted in today’s EU membership of 28 member states.
EU membership is open to any European country that will satisfy the conditions for accession as set out in Article 49 of the Treaty on European Union (TEU). The position in EU law of countries aspiring to become member states of the EU has been well covered in multiple publications throughout the years.
As a corollary to the ‘right of accession’ of states to the European Union, the EU Treaties have recently provided for the member states’ right to withdraw from the European Union. This right has been enshrined in Article 50 TEU, formally introduced by the Treaty of Lisbon. The formal recognition of the member states’ right to withdraw warrants, in itself, special attention as regards its scope and the concrete consequences of its exercise, all the more so since there are, today, signals that this newly attributed right could be exercised in the foreseeable future.
The newly attributed right of withdrawal opens up new lines of enquiry relevant to other distinct scenarios, with no less of an impact on the EU’s composition. One such scenario is that of the separation or ‘secession’ of part of the territory of an EU member state, motivated by a desire for national independence. Recent months have seen a flurry of activity and academic debate on the likely implications of secession of part of the territory of certain member states, followed by the creation of newly independent states.
While secession within the European Union may be within the realm of the possible, several questions spring to mind when reviewing such a scenario, starting with the future of a newly created independent state in the EU. Would this future lie ‘in’ or ‘out’ of the European Union? This would be up to the newly created state to determine, as a sovereign state in international law. In case the newly created state decides to tie up its future to the one of the other members of the European family, the next question would be ‘how’ this is to be achieved? As newly created states wishing to join the EU would originate in an existing (rump) member state they would be familiar with the various EU principles, rules and procedures. Taking into consideration the ‘roots’ of a newly created state within the European family and its previous compliance with EU policies and practices (albeit in a different legal form and capacity) could an ‘automatic’ right to EU accession for the newly created state be envisaged? And, even if there is no such right of automatic accession to the European Union, what would be the parameters for an eventual ‘internal’ enlargement of the EU? To what extent would this differ from the stated policy and process of EU enlargement as enshrined in Article 49 TEU? The debate is on-going in various member states, while views on the matter have also been expressed at the European level.
These are only a few of the very fundamental and valid points raised by a secession scenario within the European Union. Many more questions spring to mind regarding, in particular, the future of the people living in the newly created states. Their people would normally find themselves outside the territorial scope of the EU, even if for a limited period of time only, with all the implications that this will have with respect to their rights as EU citizens. It is clearly in the interest of such citizens that their rights deriving from EU citizenship are maintained and/or protected during any transitional period from independence to full EU membership, so that they do not end-up being treated as third country nationals would. Is it at all possible to ensure the continuing enjoyment of their rights as (former) EU citizens? But this is yet another story.
Phoebus Athanassiou and Stéphanie Laulhé Shaelou are the authors of “EU Accession from Within?—An Introduction” (available to read for free for a limited time) in the Yearbook of European Law. Phoebus Athanassiou is Senior Legal Counsel with the European Central Bank, specializing on EU financial law and issues of relevance to the ECB and EMU. He holds a PhD and an LLM from King’s College, London, and an LLB from Queen Mary, London. He is a Member of the Editorial Boards of the ECB Legal Working Papers Series and of the International In-house Counsel Journal. He is the author of Hedge Fund Regulation in the EU (Kluwer, 2009), and the editor of the Research Handbook on Hedge Funds, Private Equity and Alternative Investments (Edward Elgar, 2012). Stéphanie Laulhé Shaelou is an Assistant Professor at the School of Law of the University of Central Lancashire Cyprus, specialising in EU constitutional law and governance, EU integration and EU external relations. She holds a PhD and an LLM from the University of Leicester, a First Class LLB from the University of Paris and a BA in English and German for lawyers from the international language school I.S.I.T in Paris. Dr Shaelou has written extensively in internationally refereed publications on multiple aspects of EU law, including related to Cyprus. She is the author of The EU and Cyprus: principles and strategies of full integration (vol. 3, Studies in EU External Relations, Brill/Martinus Nijhoff Publishers, Leiden, 2010) and of ‘Market Freedoms, EU fundamental rights and public order: views from Cyprus’ (2011) 30(1) Yearbook of European Law 298.
The Yearbook of European Law seeks to promote the dissemination of ideas and provide a forum for legal discourse in the wider area of European law. It is committed to the highest academic standards and to providing informative and critical analysis of topical issues accessible to all those interested in legal studies. It reflects diverse theoretical approaches towards the study of law.
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The post The ‘internal’ enlargement of the European Union – is it possible? appeared first on OUPblog.
With the situation in Crimea moving rapidly, our law editors recently put together a debate map on the potential use of force in international law. To further support the background reading that many students and scholars of international law need, we’ve compiled a brief reading list to better understand the context and application of international law, including concepts of sovereignty, international responsibility, the laws of war, self-determination, secession, and statehood.
Brownlie’s Principles of Public International Law, Eighth Edition by James Crawford
Check Part III: Territorial Sovereignty, Part VI: International Transactions, Part IX: The Law of Responsibility, and Part XI: Disputes for overviews of the major issues in the Crimea crisis. Identify the different elements of the public international system at play.
Documents on the Laws of War, Third Edition, edited by Adam Roberts and Richard Guelff
Review the core rules, protocols, and conventions governing rights, duties, protections, and applications in wartime. What guidance can they provide?
The Law of International Responsibility, edited by James Crawford, Alain Pellet, and Simon Olleson; assistant editor Dr Kate Parlett
With discussion in Europe and the United States about their obligations to Ukraine, it’s essential to understand what protections there are to offer – and what qualifications must be met before enforcement.
Contested Statehood: Kosovo’s Struggle for Independence by Marc Weller
What can we learn from the international attempts to settle the Kosovo crisis and apply these lessons to Crimea? What failures can be avoided?
The Foreign Policy of Counter Secession: Preventing the Recognition of Contested States by James Ker-Lindsay
Gain insight from interviews with leading experts on the territorial integrity of states versus the right to self-determination.
The War Report: 2012, edited by Stuart Casey-Maslen
Much of the actions that the international community may take are predicated on the definition of war — or at least aggressive action. If Crimea doesn’t undergo a seamless transition, will this conflict be included the the 2014 war report?
Robert Beck on Grenada and Georg Nolte on Intervention by Invitation from Wolfrum (Ed.) in The Max Planck Encyclopedia of Public International Law
Crimea has voted for annexation and invited Russia into the country. What lessons can be drawn from Grenada 1983?
A panoramic view from Çufut Qale (Chufut Kale) in Crimea, Ukraine. Photo by Sergiy Klymenko. CC BY SA 3.0 via Wikimedia Commons.
Louise Doswald Beck’s “The Legal Validity of Military Intervention by Invitation of the Government” in The British Year Book of International Law
While scholars debate the meanings of the basic theoretical principles of international law, how do they compare to historical interventions?
Two approaches to South Ossetia: Philip Leach from Wilmshurst (Ed.) The Classification of Conflicts and Angelika Nussberger from Wolfrum (Ed.) The Max Planck Encyclopedia of Public International Law
In 2008, tensions between Georgia and Russia spilled over into an armed conflict. Are there lessons for Russia’s conduct — as well as the international community’s — for today?
Georg Nolte and Albrecht Randelzhofer on Article 51 from Simma (Ed.) The Charter of the United Nations: A Commentary
There is no doubt the UN Charter will be invoked in the debates, so clear commentary is crucial to understanding it.
Both Stefan Oeter and Daniel Thurer on Self-Determination
If the people of Crimea choose to join Russia, who is the international community to stop them?
James Crawford on Secession from The Creation of States in International Law, Second Edition
What are the tests for international recognition now that Crimea has seceded?
Yves Beigbeder on Referendum from Wolfrum (Ed.) The Max Planck Encyclopedia of Public International Law
There have been a number of disputes over Crimea’s referendum — from lack of choice to intimidation at the polling stations.
Jens Ohlin on Aggression from Cassese (Ed.) The Oxford Companion to International Criminal Justice
Shots have been fired. If the conflict escalates, how and when does it qualify as aggression under international law?
Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.
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The post An international law reading list for the situation in Crimea appeared first on OUPblog.
By Daniel Byman and Charles King
Three years ago this month, Russia and Georgia fought a brief and brutal war over an obscure slice of mountainous land called South Ossetia that had declared its independence from Georgia. Flouting international law, Russia stepped in to defend South Ossetia and later formally recognized the secessionists as a legitimate [...]
If you’ve been reading the headlines on just one news service in the past few days, you’ve probably come away shaking your head and wondering what the future holds for you and yours.
Here are some examples of things in the news.
- A legislator in California has proposed that the 13 counties south of Los Angeles be separated from the main body of the state and granted statehood, to become the country’s 51st. The apparent reason behind the proposal was that the state is simply too big to govern efficiently and needed to be pruned, so to speak. The proposed new state would be called “South California.”
- The huge iceberg that calved from a Greenland ice shelf last August is now in Canadian waters—Labrador, to be exact. Curious how it went west rather than east as common thought would expect, isn’t it? It’s being monitored by satellite from a beacon planted on its surface. Its original size was one-quarter of its parent ice shelf. That’s many billions of gallons of fresh water floating around desalinating the North Atlantic as the berg melts.
- All of those extended unemployment benefits and past government tax cuts will expire in January, leaving millions without any available income.
- Immediate results of Minnesota’s government shutdown due to lack of finances are beginning to come to the front. The Minnesota Zoo will suffer greatly if not funded soon, for instance.
These are just a few of the headlines from yesterday and today. Granted, the Minnesota Zoo’s problems don’t seriously affect any of those living outside that state. Its fate does point to those smaller and less visible victims of gross financial distress plaguing each of the states this year.
Costs of everything have risen, populations have increased and revenues have fallen due to the housing crunch and employment downturns.
With unemployment benefits being suspended in January, Minnesota may not be the only state taking a leave of absence in the coming months. Those states hardest hit may follow suite in alarming numbers. And your state may just be one in the flock.
Canada is the one having to deal with the iceberg and its potential for danger—for now, at least. As the berg dissipates in the Atlantic’s northern waters the cumulative effect of all that fresh water in the Northern Atlantic will affect everyone. It’s become a favored climatological theory that desalinization of those waters helps bring about the slowing of the oceanic conveyor belt and hastens the cooling of the Earth to the point of a little ICE AGE.
And the one headline that really should clue the populace as to how shaky things are, both socially and economically, centers on the California issue. For a state—any state—to propose a split of both territory and legislation to the point of putting the motion before the state government is a rare event. It puts the spotlight even more brightly on the condition of some states to conduct business and remain solvent.
For any state to suggest such a territorial split encourages others to consider their own situations and conditions. The social ramifications are staggering for the coming year. At the moment it’s not important if the motion passes. The idea has already fallen ou
Claudsy, the idea to split California into two is not a new one. There has almost always been a “Southern California” and a “Northern California”, and for years politicians have been saying, Let’s split the state into two.” Unfortunately, at this point, they are right…the state is too big to function in an economically solvent and secure fashion. As more and more illegal Mexicans pour across our borders, and take up more and more of our jobs, our schools, our medical services, and our welfare system, crime rises, society falters, unemployment rises, and budgets for education, fire and police services, as well as every other sponsored service is overburdened to the point of failure. California as a state is poorly managed, poorly governed, and is also bankrupt. There are many of us here who would welcome a split state, with new government for both North and South. I would vote for it, as would a preponderance of other citizens.
Mikki,
I have no problem with the issue. The state is too big for its needs to be met adequately as things stand now. I agree with what you’ve said. It does point a finger, though, as to how states in general are making ends meet right now with revenues so very low.
It also shows the world that worsening conditions demand new and perhaps riskier potential solutions. There are so many problems in our country right now that are bit enough to swallow groups whole. The situation nbegs citizens to step down from the fence and begin paying attention.
At least Calif. didn’t propose to secede from the union. Montana talks about that one every few years.
As always, Mikki, you have an informed opinion for me and my readers. Thank you.
Claudsy