The Conclusion of International Agreements by the European Union in the Context of the ESDP

Abstract

Between 2002 and 2007, the Council of the European Union has entered into more than 70 international agreements with third parties pursuant to Article 24 of the Treaty on European Union in order to address various legal and practical matters relating to the conduct of EU crisis management missions in third countries. The purpose of this article is to examine the Council's practice in the implementation of Article 24 of the Treaty and to assess the widely held view that the international agreements concluded under this provision offer conclusive proof of the EU's status as an independent subject of international law. Even though the Council's recent practice does indeed suggest that it concludes international agreements on behalf of the Union as such, this does not lay to rest all uncertainties surrounding the EU's nature as an international legal person.

Keywords: European Union, international agreements, Article 24 TEU, European Security and Defence Policy, ESDP, international legal personality, international responsibility