Military Cooperation between Ukraine and the European Union under the Association Agreement and an issue of state sovereignty
1
| 1 | Wise National Law University of Ukraine |
Publication date: 2014-03-31
Security and Defence Quarterly 2014;2(1):7–23
KEYWORDS
ABSTRACT
The article deals with the complex investigation of the content of the draft Association
Agreement with the European Union in the context of military collaboration proceeding
from the theory of International Law. Special attention is focused on the issues regarding
its influence on the military aspects of the state sovereignty of Ukraine. Four main questions
are investigated: Does Ukraine have the obligations of an EU member state in the military
sphere under the Agreement? What is the nature of Ukraine’s obligations in the military
sphere under the Agreement? Does Ukraine have
any legal guarantees that protect its own
strategic interests in the military sphere in coordinating its defence policy with that of the
EU? Are the sovereign
rights of Ukraine in the military sphere taken into account in the
institutional framework of cooperation under the Association Agreement?
The author comes to the conclusion that the deepening cooperation with the EU under this
international agreement does not lead to a limitation of the state sovereignty of Ukraine in
the military sphere.
REFERENCES (19)
1.
Agreement creating an association between the European Economic Community and Turkey of 12 September 1963 // http:// ec.europa.eu/world/agreements/....
2.
Agreement on the European Economic Area of 2 May 1992 р. // Official Journal. – 1994. – Serie L. № 1 – P. 3.
4.
Council and Commission Decision of 22 July 2013 establishing the position to be taken on behalf of the European Union and the European Atomic Energy Community within the EU-Serbia Stabilisation and Association Council concerning a Decision of the EU-Serbia Stabilisation and Association Council adopting its rules of procedure // Official Journal of the European Union. – 2013. – Serie L. – № 278. – Р. 1-13.
5.
Decision № 1/2010 of the EU-Montenegro Stabilisation and Association Council of14 October 2010 adopting its Rules of Procedure // Official Journal of the European Union. – 2010. – Serie L. – № 179. – Р. 11-15.
6.
Draft Association agreement between the European Union and its member states, on the one side, and Ukraine, on the other // http:// www.europarl.europa.eu/R egData/docs_autres_institutions/commission_europeenne/com/2013/0290/COM_COM(2013)0290(PAR2)_EN.pdf.
7.
EU-Ukraine: the Association Agreement is an offer to the country and its people // European Commission - MEMO/13/1146 12 December 2013. http:// europa.eu/rapid/press-release_....
8.
Graig P., de Burca G. EC Law: Text, Cases, Materials. – 5th ed. – Oxford: Clarendon Press, 2011.
9.
Kenneth W. Abbott, Duncan Snidal. Hard and Soft Law in International Governance // International Organization, Vol. 54, p. 421, 2000.
10.
Law of Ukraine “On the fundamental principles of the domestic and foreign policy of Ukraine” of 1 July 2010 // http:// zakon.nau.ua/eng/doc/?code=241....
11.
Partnership and Cooperation Agreement between the European Communities and their Member States, on the one side, and Ukraine, on the other, of 14 June 1994 // Official Journal. – 1998. – Serie L 49. – P. 1.
12.
Resolution “On the Main Directions of the Foreign policy of Ukraine” of 2 July 1993 № 3360-XII // http:// zakon4.rada.gov.ua/laws/show/3....
13.
Stabilisation and Association Agreement between the European Communities and their Member States, on the one side, and the Republic of Albania, on the other, of 12 June 2006 // http:// eur-lex.europa.eu/LexUriServ/L... :0502:EN:PDF .
14.
Stabilisation and Association Agreement between the European Communities and their Member States, on the one side, and Bosnia and Herzegovina, on the other, of 16 June 2008 // http:// ec.europa.eu/enlargement/poten... // .
15.
Stabilisation and Association Agreement between the European Communities and their Member States, on the one side, and the Former Yugoslav Republic of Macedonia, on the other, of 9 April 2001 // http:// ec.europa.eu/enlargement/pdf/t....
16.
Stabilisation and Association Agreement between the European Communities and their Member States, on the one side, and the Republic of Serbia, on the other, of 29 April 2008 // http:// ec.europa.eu/enlargement/pdf/s....
17.
Stabilisation and Association Agreement between the European Communities and their Member States, on the one side, and the Republic of Montenegro, on the other, of15 October 2007 http:////ec.europa.eu/world/ag....
18.
Treaty on European Union of 7 February 1992 // Official Journal. – 2012. – Serie C 326. – Vol. 55. – P. 13-46.
19.
Vienna Convention of the Law of Treaties of 23 May 1969 // https:// treaties.un.org/doc/Publicatio... И. И. Современное право международных договоров. В 2 т.: Т. 1. Заключение международных договоров / И. И. Лукашук; Рос. Акад. наук, Ин-т гос-ва и права. – М.: Волтерс Клувер, 2004.
RELATED ARTICLE
