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merging of the EC and the EU (but not Euratom) into one organisation, the Union, with only

one governing treaty, the Constitution, yet retaining special procedures for foreign policy,

security and defence;

conferring legal personality on the Union alone;

integrating the Charter of Fundamental Rights into the Constitution;

clarifying how the competences are distributed; the Union would have exclusive competence

for monetary policy for the euro member states, common commercial policy, the customs

union and the common fisheries policy; and the Union would share competence with member

states on, for example, the internal market, security and justice, agriculture, transport, energy,

social policy, the environment and public health;

simplifying the legal instruments and procedures available to the institutions;

clarifying the respective roles of the Council, the Parliament and the Commission;

extending the co-decision procedure so that some 95 per cent of Union legislation would be

adopted jointly by the Council and the Parliament;

creating a Union Minister of Foreign Affairs (although a Commissioner, he would operate

according to a mandate determined by the Council and would be able to conclude treaties

between the Union and third states);

distinguishing the European Council more clearly from the Council of Ministers, and

appointing a President of the European Council for a two-and-a-half-year term with limited

powers;

limiting the Parliament to a maximum of 750 seats, with a minimum of six, and a maximum of

ninety-nine, seats per member;

keeping one Commissioner per member state until 2014, after which the number would

correspond to two-thirds of the member states, the Commissioners being chosen according to a

system based on equal rotation among the member states;

changing the qualified majority. Adoption of a proposal would require the support of at least

55 per cent of the member states (fourteen out of twenty-five) representing at least 65 per cent

of the population of the Union. For a minority to prevent adoption of a decision, it would

therefore have to include at least four large member states, so making it that much more

difficult for such member states to block adoption. Also, Council members representing at least

three-quarters of a blocking minority, whether at the level of member states or population,

could require a vote to be postponed so that discussions can continue for a reasonable time in

an attempt to reach a broader basis for consensus.

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Documentation

Given the mass of documents, legal instruments and judgments, finding the one you want is not

always easy. Perhaps the first port of call should be the official website, www.europa.eu.int.

Regulations have the number first and then the year of publication (e.g. 423/2004, on recovery of

cod stocks). Directives have the year of publication first and then the number (e.g. 2003/48/EC, on

taxation of savings interest). Each case before the Court of Justice is given a number, preceded by C

and followed by the year (e.g. C30/77, R. v. Bouchereau). A CFI case number is preceded by T (e.g.

T264/97, D. v. Council). An appeal is marked with a P (e.g. C310/97P, Commission v. AssiDoman).

All judgments are published in the official European Court Reports (ECR). The Common Market

Law Reports (CMLR) publishes the most important judgments of the Court and judgments on EC

law by courts of member states.

Page 486

Index

abduction, jurisdiction and 49–50

accession to treaties 64

acquisition of territory 35–41

acquiescence, estoppel and recognition 38

cession 37–8

conquest and annexation 36–7

discovery 36

leases 39–41

occupation and prescription 38

treaties 39

act of state 161

adoption of treaties 60

Afghanistan 229

Taliban 296–7

African Charter on Human and Peoples’ Rights 238, 248

African Union 42

aggression 272

aircraft

civil and state aircraft 346

jurisdiction over 351–2

nationality 183, 348–9

overflying high seas 316

state immunity and 172

use of force against 352–3

see also force, use of

armed forces, jurisdiction over visiting forces 175

civil claims 175–6

criminal jurisdiction 176

arrest, diplomatic immunity from 136

asylum 187–8, 189

in diplomatic missions 129, 187–8

Austria 106

aviation see civil aviation

Bangladesh 23

banking, diplomatic privileges and immunities for bank accounts 127

baselines 300–1

bays 301

Belarus, UN membership 18, 205

Bermuda 29

Bhutan 31

bilateral investment treaties 373–9

civil disturbance and 378

dispute settlement 378

duration 378

entities protected 375

expropriation and compensation 376–8

investments protected 375–6

treatment of investments 376

typical example 374–5

biological diversity conservation 337–8

biological weapons, limits on use of 256–7

blockade (interdiction) 225

Bosnia and Herzegovina 20, 215

boundaries 33, 34

delimitation and demarcation 34, 220, 309–11

exclusive economic zone (EEZ) 310–11

territorial sea 310

moving 393

rivers 40

treaties 39

breach of treaties 103–4

fundamental 104

material 103–4

broadcasting, unauthorised 313

cables, submarine 316

Calvo Clause 442

Canada

airspace and 348

boundary disputes 33

canals 362–4

Kiel Canal 364

Panama Canal 363

Suez Canal 363

capacity to make treaties 57–9

capital punishment 239

cession, acquisition of territory by 37–8

Channel Islands 30

chemical weapons, limits on use of 256–7

China

Hong Kong 39, 401, 405

international organisations and 197, 198

Macau 401, 405

citizenship 180–1

civil aviation 345

air services

agreements 349–50

domestic 347

international 347

aircraft nationality 183, 348–9

airspace

international 347–8

jurisdiction in 44

national 346–7

civil and state aircraft 346

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International Civil Aviation Organisation (ICAO) 345

jurisdiction over aircraft 351–2

use of force against aircraft 352–3

Warsaw and Rome Conventions 350–1

civilians, armed conflict law (humanitarian law) and 259

climate change 338–40

colonies see overseas territories

comity 12

commercial activities

diplomatic missions 119, 140

state immunity and 165–8

commercial arbitration 389

Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) 197, 334, 360

common heritage of mankind 41

Commonwealth

citizenship 180–1

high commissions 118

MOUs and 56

communications, diplomatic missions and 132–6

communications in transit 151

diplomatic bag 132

diplomatic couriers 132–6

official correspondence 132

compensation

in bilateral investment treaties 376–8

reparation 420–1

interest 421

United Nations sanctions 220

World Trade Organisation (WTO) and 386–7

compromis 438

compromissory daure 436, 437

conciliation 433

condominium 31–2

conflict of laws 1–2

Congo 217

conquest, acquisition of territory by 36–7

conscience, freedom of 242

consensus, treaties 60

consular relations 156–8

appointment of consuls 157

consular bag 158

consular immunities 158

diplomatic missions and 119

establishment of consular post 157

freedom of communication 157

functions of consular post 157

honorary consuls 158

premises of consular post 157

severance 105

consultations 431–3

contiguous zone 304

continental shelf 308–9

construction of artificial islands 309

delimitation 310–11

contracts of employment, state immunity and 168–9

Cook Islands 30

corporations

nationality 182–3

as organs of state 411

state immunity and 163

as subjects of international law 13

terrorism and 292–3

countermeasures 425–8

objects and limits 426

obligations not affected by countermeasures 428

procedural conditions 427–8

proportionality 426–7

couriers, diplomatic 132–6

credentials 59

criminal offences 268–73

aggression 272

crimes against humanity 271–2

genocide 270–1

international criminal tribunals 220

piracy 269, 312–13

responsibility of superiors 272–3

slavery 269–70, 313

state immunity and 172

heads of state/government 177–8

visiting armed forces 176

superior orders 257

see also international criminal law; terrorism

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Cuba, Guantanamo Bay naval base 39

detainees at 258

customary international law

domestic law and 13

opinio juris 7–8

persistent objectors 7

as source of international law 6–8

succession of states and 394

customs

duties, diplomatic immunity from 146

inspection, diplomatic immunity from 147

Cyprus

Turkish Republic of Northern Cyprus (TRNC) 19, 206

UK sovereign bases 31

Czech Republic 391, 404

succession to treaties 400–1

Danube 365

death penalty 239

debts, succession of states and 401–3

default, judgments in 174

delimitation and demarcation of boundaries 34, 220, 309–11

exclusive economic zone (EEZ) 310–11

territorial sea 310

depositary for treaties 109–11

designation 109

functions 110–11

impartiality 110

multiple 109

devolution agreements 396

diplomatic asylum 129, 187–8

diplomatic missions

archives 130–1

asylum in 129, 187–8

bank accounts 127

commercial activities 119, 140

duties to receiving state 152–3

establishment 118

freedom of communication 132–6

communications in transit 151

diplomatic bag 132

diplomatic couriers 132–6

Anthony Aust. Handbook of International Law

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