How an EU military could affect world peace through international law

Type :

Term papers

Pages :

12 pages

Format :

.doc

Published date :

07/28/2009

Category :

Law & contracts

Sub category :

International law

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Summary :

Introduction
The Treaty of Maastricht
The sovereign right of military
The proposed draft of EU constitution
Marbury v. Madison: A case
The current state of EU military intervention
European peacekeeping operations
EU rapid reaction unit
Operation Artemis
The British sentiments
President Prodi's view against Blair
Operation Iraqi freedom
The EU constitution's foreign security policy and international law
The Constitution's institutional innovations
EU foreign affairs policy
Conclusion

Abstract

There is no greater motivation for European unification than the desire for peace. Just like the UN, the EU wants to avoid the "scourge of war" for its future generations. In times of peace, the world forgets that the EU is not an economic coalition, but is instead a peaceful, foreign affairs coalition.

Granted, part of the reason the EU has been successful in maintaining a peace in Europe since 1945 is the common economic interest. Wars are often mixed with economic and political factors. The European Economic Community is a pillar of the EU and a strong deterrent to war in Europe between member states. however, the question remains as to what affect the military sovereignty of Member States will have on peace in Europe and throughout the world.

The Treaty of Maastricht enshrined the principle of "subsidiarity" which is essential to the way the European Union works. It means that the EU and its institutions act only if action is more effective at EU level than at national or local level. European identity is a valuable asset to be preserved: it must never be confused with uniformity - which is something Europeans definitely reject.

The sovereign right of military affairs is one of the remaining few sovereign rights that Member States still retain. The question remains as to whether a new European Constitution will affect this military sovereign right. Under subsidiarity, some EU states may feel it is acceptable to maintain independent militaries and military policy as long as those policies do not affect the EU. however, it is hard to believe that the military policy and actions of any individual EU member state would not affect the other Member States, the EU as a whole, or the world.

For example, Britain and France have had completely opposite views on the "Iraq conflict". Britain had been the biggest backer of the US in the conflict whereas France has been vehemently opposed. Due to the still young nature of the EU, these opposite military views and ideas of the laws of international conflicts have only produced opposing rhetoric. If the EU Constitution had been in place, the EU would have had to decide as one entity what foreign affairs policy to apply towards Iraq. The "Iraq conflict" is too globalized and influential on the world for the EU to use subsidiarity and let each country-state decide its own course of action.