Treaties in IR

1
Lecture 2From the Treaty of Rome to the Treaty
of Nice
Today
Treaties in IR EU Treaty basis Founding
Treaties Theory
2
Treaties in IR

• IR often seen as anarchy
• States fully sovereign
• But different resources/capabilities
• Pursue their own interests (security, power)
• Why treaties?
• Treaties create international law
• States can still re-negotiate, withdraw, violate

3
Legal Sources of Community Law

• 1. Primary Legislation Treaties
• 2. General Principles of Law
• 3. The ECs International Agreements
• 4. Secondary Legislation
• 5. General Principles of Administrative Law
• 6. Conventions between Member States

4
Primary Legislation

• Treaties establishing
• the European Community of Steel and Coal
• (amended 1967, 1987, 1993, 1999, expired 2002)
• the European Atomic Energy Community
• (amended 1967, 1987, 1993, 1999, 2003)
• the European Economic Community
• (amended 1967, 1987, 1993)
• the European Community
• (amended 1993, 1999, 2003)
• The Treaty on European Union
• (amended 1993, 1999, 2003)

5
Founding Treaties and Revisions
ECSC
EAEC
EEC
Merger Treaty Single European Act
Maastricht Treaties Amsterdam
Treaty Treaty of Nice
Constitutional Treaty (failed)
EU
6
Secondary Legislation

• Regulation (binding in its entirety and direct
  applicable in all Member States)
• Directive (binding, as to the result to be
  achieved, member states have choice of form and
  method)
• Decision (binding in its entirety upon those to
  whom it is addressed)
• Recommendation (not binding)
• Opinion (not binding)

7
Intergovernmental Conferences (IGC) 1950-2004
IGC 1950-51 ? Treaty of Paris IGC 1955-57
(Messina) ? Treaties of Rome IGC 1985
? Single European Act IGC 1990-91 Monetary
Union IGC 1990-91 Political Union
? Maastricht Treaties IGC 1996-97 (Turin)
? Amsterdam Treaty IGC 2000 (Brussels) ? Nice
Treaty European Convention 2002-3 ? Draft
European Constitution IGC 2003-4
(Rome) ? European Constitution
- IGCs are negotiations between governments
outside of the framework of the Union's
procedures and institutions - their negotiations
are usually shaped by a previously-prepared
reports and recommendations - most of the
detailed work is done by expert officials not all
have succeeded in achieving their fundamental
objectives
8
EC/EU Treaty Basis

• 1952 ECSC Treaty
• 1954 EDC/EPC failed
• 1958 EEC Treaty
• 1958 Euratom Treaty
• 1967 Merger Treaty
• 1987 Single European Act
• 1993 Maastricht Treaties
• 1999 Amsterdam Treaty
• 2003 Treaty of Nice
• 2005 Constitutional Treaty failed
• 2007 Lisbon Treaty - pending

Cold War Suez Crisis Economic Growth in
W.-Europe Vietnam, Oil Crisis Japan/USA Collapse
of Communism War in Yugoslavia USA Terror Eastern
Enlargement
9
1958-1966 EEC/EURATOM, Merger Treaty

• Common Agricultual Policy (CAP), Free Trade Area
  (FTA) and customs union
• Transport, social policy, use of nuclear energy
• British membership application
• Institutional merger - EC
• Empty Chair Crisis

10
1987 Single European Act

• Single market programme
• Institutional changes - new decision-making
  procedure (cooperation)
• More money for regional funds
• new policies European Political Cooperation,
  research and development, environment

11
1993 Maastricht Treaties

• Economic and Monetary Union three stages
• Political Union, CFSP and JHA, three pillar
  structure
• Citizenship, subsidiarity, regional funds
• Ratification crisis

12
1997-2001 Amsterdam and Nice Treaty

• Institutional left overs
• preparation for enlargement
• concept of flexibility
• Charta of Fundamental Rights
• Laeken summit and European Convention

13
Treaty of Nice (Entry into force 3 February 2003)

• 1 January 2004 accession treaties signed with 8
  CEECs Cyprus Malta
• EP
• Elections May 2004 (new allocation of seats from
  626 to 732)
• elections 2009 (further re-allocation of seats to
  732 when EU comprises 27 member states
• Commission
• new term of office starts 1 November 2004
• 30 commissioners between May and November 2004
• Reduction of commissioners to 25 from November
  2004 until 2009
• Council of Ministers new weighting of Qualified
  Majority Voting (1 January 2005)

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The 2005 crisis

• EU constitution
• French referendum 29 May 54.8 NO (70 turnout)
• Dutch referendum 1 June 61.7 NO (63 turnout)
• EU financial framework 2007-13
• UK rebate criticized
• Blair links rebate to CAP spending
• Chirac rejects CAP reduction
• Luxembourg summit (16-18 June 2005)
• Pause on ratification process
• No compromise on budget UK, Netherlands and
  Sweden block decision, supported by Finland and
  Spain
• Last minute offer of 10 new entries to sacrifice
  some of their EU subsidies fails

15
2007

• German presidency made effort to save the
  substance of constitution
• The Berlin Declaration on the occasion of the
  50th anniversary of the signature of the Treaty
  of Rome
• European Council meeting June 21/22
• Conference at Lisbon

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Lisbon Treaty

• Saves much of the Constitutions substance
• More qualified majority voting
• More powers for EP
• Unified legal structure
• New President of the EU / High Representative of
  the Union for Foreign Affairs and Security Policy
• Human Rights provisions binding

17
European Integration Theory

• Realism
• Functionalism
• Federalism
• Functional-Federalism

18
Realism

• dominated IR in 1950s
• treated nation states as units of international
  relations
• could not explain European integration

19
Mitrany and Functionalism

• not a theorist of European integration
• influenced later advocates of integration
• proposal transfer functional tasks from
  governments to international agencies
• opposed world government
• opposed regional federations potential
  super-states

20
Spinelli and European Federalism

• federalism supported in Resistance
• Spinelli advocated constitutional break and
  federal constitution for Europe
• European Congress The Hague (1948)
• national political elites already restored
• Council of Europe intergovernmental

21
Monnet and Functional-Federalism

• Monnet devised Schuman Plan for European Coal and
  Steel Community
• aims
• to develop a European-scale economy
• to control Germany
• to ensure coking coal for French steel industry

22
Class Questions

• What have been the forces or factors for EU
  functional?
• and geographic expansion?