Book reviews edited by Chris Taylor : Layered Global Player Legal Dynamics of EU External Relations

Citation

Barrett, E. (2013), "Book reviews edited by Chris Taylor : Layered Global Player Legal Dynamics of EU External Relations", International Journal of Law and Management, Vol. 55 No. 3, pp. 247-248. https://doi.org/10.1108/17542431311327655

In the preface De Waele describes this work as a compact study or treatise on the legal notions underpinning the EU's international relations and external policies, designed to occupy a middle ground, somewhere between the available reference works (which require a bit too much prior knowledge) and the general handbooks (which are slightly too superficial in treatment). The book achieves this goal commendably. While readers are presumed to have some prior knowledge of the topic, a happy medium is struck between the complex and the excessively simple, to give an accessible and clearly written deliberation on the complicated legal structures which underpin the EU's external relations.

De Waele uses a somewhat unusual devise to structure the book. In his preface he compares the many layers of the European Union to those of an onion. He uses this metaphor to arrange the book as follows: first he introduces the EU's layered structure and then considers each of the EU's three main layers in turn. Accordingly, part 1 examines the legal dynamics in the outer layer of the EU: the Common Foreign and Security Policy and the Common Security and Defence Policy. Part 2 examines the legal dynamics in the middle layer of the EU: the Common Commercial Policy, the External Environmental Policy, the External Human Rights Policy and the Development Cooperation and Humanitarian Aid Policy. Part 3 examines the legal dynamics in the inner layer of the European Union considering the special relationships that exist in the European neighbourhood and beyond, and the interaction between the EU, the Member States and International Law. Finally, the book concludes with an evaluation of the effectiveness of the European Union as a global player.

Chapter 1's introduction opens with a study of the overall operation of the European Union on the international plane. It provides a clear and sufficiently detailed historical analysis of topics such as: the codification of the EU's legal personality, the division of competences between the EU and its Member States (with supporting discussion of important principles such as “the principle of parallelism” and “the principle of complementarity”), treaty – making by the EU, and judicial control by the Court of Justice of the European Union (CJEU) in the various layers. Like each chapter, it closes with an evaluation of the topic discussed. Here, De Waele determines that despite much criticism of the EU's structural maladies in particular in the realm of Common Foreign and Security Policy, many good results have been achieved.

This observation leads to Chapter 2's discussion of the Common Foreign and Security Policy which is the largest chapter in the book reflecting the importance and distinctive nature of its legal structures with are clearly summarised for the reader. Chapter 3 follows with an analysis of both the legal theory and politics of the lex specialis of the Common Foreign and Security Policy, the Common Security and Defence Policy. It concludes that although several obstacles are yet to be overcome, the European Defence Agency has enabled the Member States to effectively pool their resources and coordinate and concentrate their research and defence efforts.

The four chapters of part 2 examine the legal dynamics of the middle layers of the European Union commencing with the EU's central Common Commercial Policy and concluding with the EU's Development Cooperation and Humanitarian Aid Policy. Useful consideration is given to the CJEU's rulings on the position of GATT/WTO norms within the EU legal system, the Regulation on Generalised Tariff Preferences, and the General Import Regulation. Chapter 3's section on the tensions between the EU's Common Commercial Policy and the EU's External Environmental Policy also deserves a special mention. Here, the author skilfully provides practical reasons why importance is attached to the legal basis chosen for legislation enactment.

The three chapters of part 3 consider the legal dynamics in the inner layers of the European Union: special relationships in the European neighbourhood and beyond, the relationship between the EU, the Member States and International Law, and the effectiveness of the EU as a global player. Chapter 8 examines association agreements; detailing specific associations including the European Neighbourhood Policy, the Union for the Mediterranean and the Eastern Partnership. In addition, the legalities and controversial politics of accession to the European Union are discussed. Chapter 9 follows to give a concise summary of the interaction between EU, international and national law; providing guidance on the applicability of international law in the EU legal system, the rank and effect of international law in the EU legal order, and the legality of international treaties entered into by individual Member States. The final conclusion considers the overall legal dynamics, political realities and frictions and deficiencies of the EU's external relations to conclude that while the EU may be a “sub‐optimal” player, it is far from being an inefficient one.

The book is a welcome addition to existing literature on the EU's external relations. It successfully fills the middle ground between a handbook on EU external relations and a reference book. It provides accessible and interesting analyses of the legalities and politics of the EU external action useful to anyone seeking to move beyond a superficial comprehension of the EU's operation and position in the global arena. However, one minor criticism which must be made is the system of referencing lacks detail. This diminishes the books potential to act as an educational compass providing direction for further research. Also as case‐law years are omitted, timelines become less obvious. These minor criticisms aside, the book is a current and well‐researched guide to EU external relations which tackles complex topics in a practical, clear, interesting, and accessible manner.