The University of New South Wales

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Postgraduate Handbook

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Legal Framework of EU's Common Foreign Policy - LAWS4159
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 28
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

The course will examine the powers conferred upon the EU to carry out foreign and security policy, as well as the institutional arrangements of the second pillar governing the conduct of Common Foreign and Security Policy (CFSP). These issues will be analysed within the current normative framework of the Treaty on European Union (TEU) as well as be put into perspective of the reforms concerning the Union's External Action that was proposed in the Constitutional Treaty (CT).


LLM Specialisation

European Union Law.

Recommended Prior Knowledge

None

Course Objectives

This course aims to:
  • Demonstrate the legal stages in the evolution of the CFSP legal order
  • Analyse the current institutional framework and functioning of the CFSP/ESDP
  • Familiarise students with the legal debate concerning EU's international legal personality
  • Analyse the institutional reforms of the EU's External Action proposed in the Constitutional Treaty and their impact on the future of CFSP
At the end of this course, you should be able to:
  • Recall the origins and the legal foundations of the CFSP and their evolution
  • Recall the factors leading to the inception of the ESDP
  • Understand the scope, objectives and principles of the CFSP
  • Identify and analyse CFSP legal instruments
  • Understand the methods of functioning of the CFSP and ESDP
  • Demonstrate your understanding of issues related to: (i) Judicial, parliamentary and political control of the CFSP; (ii) Consistency between the EC external policies and the CFSP; (iii) International and institutional aspects of EU international legal personality; and (iv) Institutional reform of the Union's External Action.

Main Topics

  • The origins of the Common Foreign and Security Policy (CFSP) : The European Political Cooperation (EPC) and the Single European Act (SEA)
  • Legal foundations of the CFSP and their evolution: From Maastricht to Amsterdam
  • European Security and Defence Policy (ESDP) as an integral element of CFSP: From Amsterdam to Nice
  • CFSP Instruments and their legal effects; EU as an international actor
  • Actors, decision making and financing of the second pillar
  • Democratic accountability of the CFSP
  • Pillar structure and the effectiveness of the EU's Foreign Policy: the reforms proposed in the Constitutional Treaty

Assessment

Class participation Performance and participation in class 20%
In-class presentations 20%
Research assignment 6,000 words 60%
 

Course Texts

Prescribed
A compilation of reading materials and documents will be made available to students enrolled in this course two weeks prior to the commencement of the course.

Recommended
None

Resources

A compilation of reading materials and documents will be made available to students enrolled in this course two week prior to the commencement of the course.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.