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European Security Law$
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Martin Trybus and Nigel White

Print publication date: 2007

Print ISBN-13: 9780199218622

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199218622.001.0001

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Common European Defence: Competition or Compatibility with NATO?

Common European Defence: Competition or Compatibility with NATO?

(p.174) 8 Common European Defence: Competition or Compatibility with NATO?
European Security Law

Heike Krieger

Oxford University Press

Since the end of the cold war new security structures have emerged within Europe. The end of the bi-polar security system has enlarged the number of actors with overlapping competences. While North Atlantic Treaty Organisation (NATO) broadened its range of permissible activities through the new Strategic Concept of 1999, efforts within the European Union aim at closer co-operation on mutual defence. This chapter examines the legal limitations for overlapping treaty obligations of NATO and EU Member States. It then argues that the EU should not pursue the idea of creating a traditional defence alliance. Rather, because of the changing understanding of defence and security, an alliance based on a clause comparable to the solidarity clause in the envisaged EU Constitutional Treaty could be a more appropriate approach in the future.

Keywords:   NATO, Strategic Concept of 1999, European Union, defence alliance, EU Constitutional Treaty

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