Some reflections on the CFSP legal order

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Series Details Vol.43, No.2, April 2006, p337–394
Publication Date April 2006
ISSN 0165-0750
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Publishers Abstract:
It is surprising to note that in contrast to the copious bibliography describing in detail the political evolution of the European Union's Common Foreign and Security Policy (CFSP), much less attention has been paid to the analytical determination of the multiple legal sources and legal conceptions which have lain behind the different stages of the CFSP evolution throughout the past decades. This article aims to demonstrate that the CFSP has evolved from a purely intergovernmental system based on consensus and general international law into a fully-fledged system based on treaty law which includes institutions that operate under the rule of law and which have been given law-making powers and which have produced a considerable body of secondary law. In particular, the European Union has become an international organisation and a global international actor with its own international legal personality.

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