EU global peace diplomacy: shaping the law on statehood

This chapter examines the contribution of the European Union to the shaping of the subjects of international law par excellence: states. This is perhaps odd if one considers that recognition of states has traditionally been within the purview of states’ foreign policy and that the EU itself is not a state. In fact, the Union’s own status as a subject of international law has long been the object of controversy and debate, ever since the Court of Justice focused on the ‘autonomy’ of the ‘new legal order’ established by the European Communities. Stressing its autonomy was believed to be necessary to establish an independent identity and could perhaps be seen as a disguised claim to sovereignty, something international organizations - unlike states - have to fight for. The emergence of the EU demonstrates that it is possible for states to transfer the exercise of sovereignty without losing statehood. In fact, all Member States of the EU are internationally recognized states, while the EU has also obtained (international) legal personality of its own. However, this fact does not in any way authorize the Union to legislate or to act beyond the competences conferred upon it by the Member States in the Treaties. Article 4(1) TEU puts beyond doubt that competences not conferred upon the Union in the Treaties remain with the Member States. Moreover, the withdrawal clause of Article 50 TEU offers Member States the right to negotiate their way out of the Union and resume full responsibility over the exercise of all their sovereign powers. For the purpose of this study it suffices to describe the EU as a Union of democratic states based on the rule of law, which also constitutes a law-based democracy of its own. Thus, it may be concluded that the European Union has outgrown the Westphalian system of international relations. One exponent thereof has been the gradual development of the Union’s own external relations and designated institutional architecture, complete with a would-be Minister of Foreign Affairs supported by a diplomatic service. The recognition of third states has become a subject matter apt for coordination at EU level. Nowadays EU partners usually consult each other on this question. They may even act through the EU and adopt a common position underpinned by jointly agreed conditions.