Why Choose Europe? The Place of the European Union in the Architecture of International Legal Cooperation
Why Choose Europe? The Place of the European Union in the Architecture of International Legal Cooperation
This chapter argues that venue choice is an important element of legal agenda-setting in Europe today. It first sketches the historical background for the current situation of venue choice, by drawing the contours of the fragmented international institutional landscape which the European states have helped create and in which they now operate. It then discusses the main factors, most of which are not primarily of a legal nature, that determine the choice for one or other legal venue in a given subject area. This discussion is complemented by a consideration of the political and legal constraints that define the scope of EU Member States' venue choice, possibly preventing them from using rival law-making fora, or determining the way in which they contribute to international law-making. Finally, the chapter examines the factors that may push the European Union itself to participate in broader international law-making processes rather than focusing on internal EU legislation for a given subject matter. It highlights the fact that venue choices are often not exclusive, but complementary in the sense that they involve the combined use of various lawmaking venues in a given time sequence.
Keywords: venue choice, lawmaking, legal agenda, international law, European States, EU member states
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