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The eu and the Security-Development Nexus
Edited by
Editorial Board
VOLUME 12
By
Hans Merket
LEIDEN | BOSTON
Cover illustration: eunavfor Atalanta in action. Courtesy of the eu Naval Force Somalia, 2012.
The eeas organograms (June and August 2015) referred to in this book are freely available at
http://dx.doi.org/10.6084/m9.figshare.3759483.
Want or need Open Access? Brill Open offers you the choice to make your research freely accessible online
in exchange for a publication charge. Review your various options on brill.com/brillopen.
Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface.
issn 1875-0451
isbn 978-90-04-31501-3 (hardback)
isbn 978-90-04-31502-0 (e-book)
Acknowledgements Ix
List of Illustrations xi
List of Abbreviations xii
7 Conclusions 355
Bibliography 367
Index 419
Acknowledgements
and Head of Section Thomas Huyghebaert for the trust and mesmerising range
of duties they bestowed upon me. I also thank the various eu officials, both in
Brussels and Ethiopia, for taking the time to discuss their experiences with me
and answer my questions. Spending the summer months of 2013 at the Insti-
tute for Federalism and Legal Studies of the Ethiopian Civil Service University
was yet another stimulating experience, both culturally and professionally. Ex-
changing research findings with Ethiopian academics and instructing Ethio-
pian civil servants on eu and international law threw a whole new light on my
field of study and perceptions. I am thankful to Director Dr. Solomon Abay and
Prof. Christophe Van der Beken for making this possible.
I was moreover happy to conduct my research in the lively working environ-
ment of the Ghent European Law Institute and the wider Law Faculty. A par-
ticular mention goes to my friends and family, who – by filling up my evenings
and weekends with the greatest activities and events – allowed me to recharge
my batteries time and again. My parents also deserve a special thanks for sup-
porting me in my choices, even if the career path from movie director to eu
law scholar was not always evident. Last but not least, I am immensely grateful
to Hanne for her unremitting love and support.
Figures
Boxes
1 Article 21 teu 72
2 Article 40 teu 77
3 Key eu documents relating to the security-development nexus 92
4 Pragmatic actions in the 2007 Council Conclusions on Security and
Development 97
5 Counterintuitive aid results in Somalia and Somaliland 100
6 The eu’s instruments related to development cooperation (2014–2020) 105
7 The case of South Sudan: facilitating the birth of a country trough eu
development aid 122
8 Ongoing csdp missions and operations (chronologically) 128
9 eu command and control structures 149
10 Commission staff working on conflict prevention and peace-building 151
11 eu external representation under the Lisbon Treaty 159
12 Programming arrangements between Commission Services and the eeas
on eu financial assistance and cooperation for the multiannual financial
framework 185
13 csdp crisis management structures 189
14 Examples of linking conflict analysis to comprehensive eu external
action 305
15 The way forward for a comprehensive approach to conflict and crisis
situations – Eight measures in the Joint Communication 310
16 Article 22 teu 345
List of Abbreviations
uk United Kingdom
un United Nations
unced un Conference on Environment and Development
undp un Development Programme
unscr un Security Council Resolution
unts un Treaty Series
us(a) United States (of America)
vcdr Vienna Convention on Diplomatic Relations
wb World Bank
weu Western European Union
wfp World Food Programme
wmd Weapon of Mass Destruction
wto World Trade Organisation
chapter 1
Écartez les causes secondaires qui ont produit les grandes agitations des
hommes, vous en arriverez presque toujours à l’inégalité. Ce sont les pau-
vres qui ont voulu ravir les biens des riches, ou les riches qui ont essayé
d’enchaîner les pauvres. Si donc vous pouvez fonder un état de société où
chacun ait quelque chose à garder et peu à prendre, vous aurez beaucoup
fait pour la paix du monde.
alexis de tocqueville, De la Démocratie en Amérique, 1850
∵
In the late 1990s the eu started embracing the idea that security and develop-
ment policies should be intertwined and mutually reinforcing. This formula
had since a couple of years been making strides in the international circles
of the United Nations (un), the World Bank (wb) and the Organisation for
Economic Cooperation and Development (oecd). Numerous eu policy dec-
larations gradually gave traction to this concept and acknowledged the in-
divisibility of external policies that tackle insecurity, instability, poverty and
development. An often recurring phrase is that “there cannot be sustainable
development without peace and security, and without development and pov-
erty eradication there will be no sustainable peace”.1 This progressively evolved
into a commitment, expressed by the Council in November 2007, that the “nex-
us between development and security should inform eu strategies and poli-
cies in order to contribute to the coherence of eu external action”.2
With its wide-ranging competences, covering the continuum between secu-
rity and development policies, the Union portrays itself as ideally positioned
to tackle the various interrelated causes of poverty and instability in third
1 For instance: Council (S407/08) Report on the Implementation of the European Security
Strategy – Providing Security in a Changing World, 11.12.2008, 8.
2 Council Conclusions on Security and Development, 2831st External Relations Council meet-
ing, Brussels, 19–20.11.2007, para. 2.
5 Ibid. 35–41.
6 us President Harry Truman, Address to Congress on Turkey and Greece, 12.03.1947.
7 G. Marshall, Speech at Harvard University, 05.06.1947.
4 chapter 1
of them fell into decay, causing widespread instability, public unrest, rebel-
lion and armed combat. Rather than on-off episodes of inter and intra-state
conflict, this new situation gave rise to a state of “durable disorder”,13 challeng-
ing the common practices of both development and military actors.
On the one hand, the failures of international security interventions in the
first half of the 1990s, such as those in Somalia14 and Bosnia,15 painfully laid
bare the limitations of a conventional military approach. This led to a growing
realisation of the need to engage in civilian activities and with development
actors. In the often revived words of former German Chancellor and Nobel
Peace Prize laureate Willy Brandt: “development policy is the peace policy of
the 21st century”,16 or more bluntly stated by the former us chairman of the
Joint Chiefs of Staff: “[w]e can’t kill our way to victory”.17 Development practi-
tioners, on the other hand, saw their costly efforts in no time undone by wide-
spread political instability, weak governance and conflict.18 The tragedy of the
1994 genocide in Rwanda, a model student on every development scale, shook
up the world and debunked the believe that aid could remain blind for conflict
dynamics.19 This myth of nonpartisan aid was wiped most influentially off the
map in Anderson’s book ‘Do No Harm’, wherein she argued that:
13 P.G. Cerny, ‘Neomedievalism, Civil War and the New Security Dilemma: Globalization as
Durable Disorder’ (1998) Civil Wars 1(1), 36–64.
14 The un intervention in Somalia (unosom ii) ended with a traumatic apotheosis in the
1993 Battle of Mogadishu where 20 UN-troops were killed (after which their bodies were
dragged by local crowds through Mogadishu’s streets), leading to the withdrawal of the
entire un mission.
15 The biggest stain on the record of the un Protection Force (unprofor) in Croatia and in
Bosnia and Herzegovina was the failure to prevent the 1995 Srebrenica massacre of more
than 8,000 Bosnian Muslims.
16 As quoted in D. Buchner, Die Entwicklungshilfepolitik der brd nach dem Regierungswech-
sel 1998 (grin Verlag, München, 2001) 26.
17 cnn, ‘Admiral: Troops alone will not yield victory in Afghanistan’, CNNPolitics.com,
10.09.2008.
18 F.M. Alamir, ‘The Complex Security-Development Nexus: Practical Challenges for Devel-
opment Cooperation and the Military’ (2012) Security and Peace 30(2), 70.
19 See further: P. Uvin, Aiding Violence: The Development Enterprise in Rwanda (Kumarian
Press, Hartford, 1998) 275p.
6 chapter 1
Socio-economic deterioration,
poverty, disease, etc.
20 M.B. Anderson, Do No Harm: How Aid Can Support Peace – Or War (Lynne Rienner Pub,
Boulder, 1999) 1.
21 Some of the key documents regarding this new focus on human security and develop-
ment are the series of Human Development Reports launched by the un Development
Programme (undp) in 1990; un Secretary-General B. Boutros-Ghali, Report pursuant to
the statement adopted by the Summit Meeting of the Security Council on 31 January 1992
(A/47/277-S/24111) An Agenda for Peace: Preventive Diplomacy, Peacemaking and Peace-
Keeping (United Nations, New York, 1995) n.p.; oecd, Guidelines on Peace, Conflict and
Development Cooperation (oecd/dac, Paris, 1997) 80p.; D. Narayan, et al., Voices of the
Poor: Can Anyone Hear Us? (World Bank, New York, 2000) 343p.; and un Commission on
Human Security, Human Security Now (chs, New York, 2003) 168p.
Introduction – The eu and the Security-Development Nexus 7
A people-centred view was set to soften security and military approaches, with
more attention for facilitating humanitarian aid, post-conflict reconstruction
and winning the hearts and minds of local populations. It also caused a re-
focus of development cooperation on poverty reduction, culminating in the
replacement of the imf and wb saps by the Poverty Reduction Strategy Papers
(prsps) and the adoption in 2000 of the Millennium Development Goals.22
Because development workers became more involved in capacity-building
and governance issues, and security actors expanded their portfolios with vari-
ous civilian tasks, the interfaces between them naturally increased. This often
caused coordination and cooperation challenges, requiring more policy guid-
ance, which then further multiplied the interactions between security and de-
velopment actors and policies.23 The post-national human shift also signalled
a lack of confidence in the capacity of states leading to a transnational as-
sumption of responsibility for human welfare. This is exemplified by the con-
cept of Responsibility to Protect (R2P)24 and humanitarian interventions on
the security front, and democracy promotion and aid conditionality on the
development front. Such evolutions gave rise to increasingly assertive policies,
colliding with conventional standards of territorial sovereignty.
The interventionist agenda got a significant leg up after the terrorist at-
tacks in the us on 11 September 2001 and the subsequent ‘Global War on Ter-
ror’. 9/11 served the world with an inexorable wake-up call that 21st century
global threats would not be stopped by borders or distance. The fact that ter-
rorism, but also other (perceived) threats such as organised crime, diseases,
piracy and mass population displacements, often originate in weak states has
moreover led to a ‘re-problematisation’ of poverty.25 This resulted in a range
of new security frameworks which do not excel in clarity, but abounded in
country categorisations, such as fragile states (us and eu), failed states (Fund
for Peace), weak states (Brookings), countries at risk of instability (cri – uk),
low income countries under stress (licus – wb), etc. The us National Security
Strategy tellingly summarises the new risk perception as follows: “America is
now threatened less by conquering states than we are by failing ones”.26 The
main threats are no longer of a military nature but emerge from the 1.5 billion
people living in a permanent state of insecurity, unremitted cycles of violence
and pervasive lawlessness.27
In the meanwhile famous words of un Secretary-General Kofi Annan:
“there will be no development without security and no security without
development”.28 It is in this context and time frame of the early 2000s that
the emergence of the term ‘security-development nexus’ is situated. There is
no generally accepted definition, rather, it is used as a catch-all phrase for the
whole of connections between development and security challenges as well
as the policies and concepts designed to address them. Many of these policies,
such as conflict prevention, peace and state-building, and concepts such as
fragility, resilience and instability, are in their turn loosely defined denotations.
This leads to a “conceptual chaos”29 which “has come to mean many things to
many people”.30 Another key characteristic of this changing landscape is the
greater conceptual involvement of governmental actors, which “[i]nstead of
acting as arms-length policy makers in a multilateral arena, … have become pri-
mary stakeholders (and ‘stickholders’) in the security-development calculus”.31
While this short historical overview has shown that “[t]here has never been
a golden age in which development was a-political and shielded from security
concerns”,32 some argue that at present the balance has tilted excessively away
from principled development towards an opportunistic use of aid.33 Concepts
like fragility, for instance, risk to (re-)instrumentalise or securitise aid, because
26 us White House, National Security Strategy of the United States of America (White House,
Washington, 2002) 1.
27 World Bank, World Development Report: Conflict, Security, and Development (World Bank,
Washington, 2011) 2–6.
28 un Secretary-General Kofi Anan, Report to the un General Assembly (A/59/2005) In
Larger Freedom: towards Development, Security and Human Rights for All (un, New York,
2005) 31p.
29 Büger and Vennesson (2009) op. cit. note 25, 38.
30 N. Tschirgi, M.S. Lund and F. Mancini, ‘The Security-Development Nexus’ in N. Tschirgi,
M.S. Lund and F. Mancini (eds), Security and Development: Searching for Critical Connec-
tions (Lynne Rienner Publishers, Boulder, 2010) 6.
31 Tschirgi (2006) op. cit. note 10, 50.
32 P. Vennesson and C. Büger, ‘Coping with Insecurity in Fragile Situations’, European Report
on Development (European University Institute, Florence, 2009) 5.
33 D. Trachsler and D. Möckli, ‘Sicherheit un Entwicklung: Zwischen Konvergenz und
Konkurrenz’, css Analysen zur Sicherheitspolitik (Center for Security Studies (css) – eth,
Zurich, 2008) 1–2.
Introduction – The eu and the Security-Development Nexus 9
they allow to portray an “an ever-widening range of social trends through the
lens of security”.34 In this context, the ngo ActionAid described the global war
on terror as “a return to the cold war days with terrorism replacing commu-
nism as the bogey”.35
34 J.-A. McNeish and J.H.S. Lie, ‘Introduction: Hearts and Minds: A Security – Development
Nexus?’ in J.-A. McNeish and J.H.S. Lie (eds), Security and Development (Berghahn Books,
New York, 2010) 3.
35 J. Cosgrave, The Impact of the War on Terror on Aid Flows (ActionAid, London, 2004) 15;
The opportunistic use of aid is confirmed by the fact that, between 2002 and 2010, two
fifths of the entire usd 178 billion global increase could be attributed to Iraq and Afghani-
stan alone, where Western security concerns were particularly at stake (Oxfam, ‘Whose
Aid is it Anyway? Politicizing Aid in Conflicts and Crises’, Briefing Paper No. 145 (Oxfam,
Oxford, 2011) 2).
36 Q. Wright, A Study of War (University of Chicago Press, Chicago, 1942) for instance 313–314.
37 H.D. Lasswell, National Security and Individual Freedom (McGraw-Hill, New York, 1950) 75.
38 Oxford English Dictionary (Oxford, Oxford University Press) <www.oed.com> (last ac-
cessed on 15.05.2015).
10 chapter 1
0.4
95% upper band
Fan regression
0.3 95% lower band
Incidence of civil war
0.2
0.1
0
0 0.2 0.4 0.6 0.8 1
gdp per capita
39 P. Collier, The Bottom Billion: Why the Poorest Countries Are Failing and What Can Be Done
About It (Oxford University Press, New York, 2007) 27.
40 Ibid. 17–37.
41 iansa, oxfam and Saferworld, ‘Africa’s Missing Billions: International Arms Flows and
the Cost of Conflict’, Briefing Paper 107 (Oxfam, Oxford, 2007) 8–9.
42 P. Martin, T. Mayer and M. Thoenig, ‘Civil Wars and International Trade’ (2007) Journal of
the European Economic Association 6(2–3), 1–9.
43 World Bank (2011) op. cit. note 27, 5.
Introduction – The eu and the Security-Development Nexus 11
44 For instance: T. Azeng and T. Yogo, ‘Youth Unemployment and Political Instability in Se-
lected Developing Countries’, adbg Working Paper Series No 171 (African Development
Bank Group, Tunis, 2013) 25p.
45 For instance: O. Dube and J. Vargas, ‘Commodity Price Shocks and Civil Conflict: Evidence
from Colombia’ (2013) The Review of Economic Studies 80(4), 1–38.
46 E. Miguel, S. Satyanath and E. Sergenti, ‘Economic Shocks and Civil Conflict: An Instru-
mental Variable Approach’ (2004) Journal of Political Economy 112(4), 741.
47 Collier (2007) op. cit. note 39, 20.
48 P. Collier, et al., Breaking the Conflict Trap: Civil War and Development Policy (World Bank,
Washington, 2003) 221p.
49 For instance: R. Kanbur, ‘Poverty and Conflict: The Inequality Link’, Coping with Crisis:
Working Paper Series (International Peace Academy, New York, 2007) 10p.; R. Cincotta,
‘Demographic Challenges to the State’ in N. Tschirgi, M.S. Lund and F. Mancini (eds),
Security and Development: Searching for Critical Connections (Lynne Reinner Publishers,
Boulder, 2010) 77–98; S. Dalby, Security and Environmental Change (Polity, Cambridge,
2009) 200p.; M. Humphreys, Economics and Violent Conflict (Harvard University, 2003)
28p.; J. Snyder, From Voting to Violence (W.W. Norton, New York, 2000) 382p.; T. Addison
and M.S. Murshed, ‘From Conflict to Reconstruction: Reviving the Social Contract’, wider
Discussion Paper No. 48 (United Nations University, World Institute for Development Eco-
nomics Research, Helsinki, 2001) 17p.; P. Le Billon, Fuelling War: Natural Resources and
Armed Conflicts (Routledge, New York, 2006) 128p.
12 chapter 1
50 F. Stewart, ‘Development and Security’ (2004) Conflict, Security & Development 4(3),
263–264.
51 Humphreys (2003) op. cit. note 49, 2.
52 R. Fisman and E. Miguel, ‘Do conflicts cause poverty, or vice-versa?’, voxeu.org, 29.11.2008.
53 Djankov and Reynal-Querol for instance argue that this effect disappears for ex-colonies
once historic variables such European settler mortality and population density are in-
cluded (S. Djankov and M. Reynal-Querol, ‘Poverty and Civil War: Revisiting the Evidence’
(2010) The Review of Economics and Statistics 92(4), 1035–1041). In this same line, Abadie
provides evidence that any causal connection between poverty and hosting terrorism is
indirect and can be better explained by political freedom indicators (A. Abadie, ‘Poverty,
Political Freedom, and the Roots of Terrorism’ (2005) American Economic Review 95(4),
50–56).
54 M. Stern and J. Öjendal, ‘Exploring the Security-Development Nexus’ in R. Amer, A. Swain
and J. Öjendal (eds), The Security-Development Nexus: Peace, Conflict and Development
(Anthem Press, London, 2012) 15.
55 Stewart (2003) op. cit. note 50, 376.
Introduction – The eu and the Security-Development Nexus 13
[…] Claiming the contrary can only lead to faulty diagnosis and inappropriate
responses”.56
Yet, all too often the nexus serves as an empty and ready-made formula for
policy-makers “trying to make sense of competing interpretations of the com-
plex and pressing problems in [conflict-prone] societies”.57 According to a 2013
Chatham House report “[t]here is a curious absence of attempts to understand
what different people and policy texts mean when they talk of a nexus, and the
familiar uneasy relationship between intellectual enquiry and policy formula-
tion becomes particularly fraught in the ways in which it has become almost a
mantra or catch-all phrase”.58 That this generality stands in the way of design-
ing effective policy approaches is clear from Chandler’s critique on the above-
mentioned human shift: “[o]nce ‘well-being’ becomes the measurement of
development – and security an important constituent of well-being – then …
any policy initiative can be held to be contributing to the most ambitious of
transformative objectives and yet have little observable impact on the ground”.59
In this light, it is becoming increasingly clear that the nexus is not a “fixed
reality”,60 but a concept in motion subject to continuous doctoring as lessons
are learned and evidence evolves. These evolutions do not only apply to the in-
tricate connections between challenges of poverty, development, security and
stability, but also between the policies designed to address them. Long gone
are the days when one could still assume, against any better judgment, that ad-
vancements in the area of development would automatically lead to improved
security and vice versa. External interference is never neutral and tends to cre-
ate winners and losers in the targeted communities. While these patterns are
relatively straightforward with regard to security interventions, they are more
concealed and complex for development aid. Already in 1999 an oecd report
noted that “[a]ll aid, at all times, creates incentives and disincentives, for peace
or for war”.61 Mary Anderson accurately sums up five general ways in which
this can happen: “(1) aid resources are often stolen by warriors and used to
support armies and buy weapons; (2) aid affects markets by reinforcing either
56 ipa, ‘The Security-Development Nexus: Research Finding and Policy Implications’, Pro-
gram Report (International Peace Academy, New York, 2006) 6.
57 Tschirgi, Lund and Mancini (2010) op. cit. note 30, 6.
58 Chatham House, ‘Navigating the Nexus: The Interplay of eu Security and Development
Policies in Africa’, Africa Summary (Chatham House, London, 2013) 6.
59 D. Chandler, “The Security-Development Nexus and the Rise of ‘Anti-Foreign Policy’”
(2007) Journal of International Relations and Development 10(4), 377–378.
60 M. Duffield, ‘The Liberal Way of Development and the Development-Security Impasse:
Exploring the Global Life-Chance Divide’ (2010) Security Dialogue 41(1), 62.
61 P. Uvin, The Influence of Aid in Situations of Violent Conflict (oecd, Paris, 1999) 4.
14 chapter 1
the war economy or the peace economy; (3) the distributional impacts of aid
affect inter-group relationships, either feeding tensions or reinforcing connec-
tions; (4) aid substitutes for local resources required to meet civilian needs,
freeing them to support conflict; (5) aid legitimizes people and their actions or
agendas, supporting the pursuit of either war or peace”.62
The manners in which these negative aid impacts manifest themselves are di-
verse and highly context-specific, defying universal formulas. However, the fail-
ure to take them into account can lead to ineffective, counterproductive or even
destructive policy outcomes. Keen for instance found that externally encouraged
liberalisation policies in Sierra Leone fed into the 1990s civil war by encouraging
inflation, reducing state services in health and education, fuelling corruption
and taking away attention for human rights abuses by the military.63 Another
example is how the influx of aid to Somalia in the 1980s incited widespread
corruption by the Darood clan of late dictator Siad Barre, arousing the envy of
other tribes and the perilous aversion to the international community.64 More
recently, a 2011 oecd survey found that an uneven distribution of in-country aid
is often perceived as contributing to the marginalisation of certain areas, risk-
ing to augment tensions and cause conflicts.65 Conversely, knowledge of these
mechanisms allows to design aid in ways that lessen the risk of social tension by
satisfying peoples’ basic needs, and thereby reduce alienation.66 Yet, there are
clear risks attached to the increased involvement of aid in conflict dynamics, or
its use by military actors to win hearts and minds. Development practitioners
are increasingly becoming the target of attacks,67 leading to an increased bun-
kering of aid that comes at the prize of losing touch with local populations.
The security-development nexus is thus all but a clearly-circumscribed con-
cept, let alone a straightforward policy exercise. Since the mid-1990s, a transitory
phase took place of adapting the 20th century compartmentalised foreign
policy machinery to the new all-embracing, interwoven and transboundary
development and security challenges. The concept of a security-development
nexus serves to bring more clarity and structure to this complexity but has
further reinforced in 2001 when the Laeken European Council declared the
csdp74 operational. While development cooperation has always formed part
of the eu’s policy arsenal, it also had to await the Maastricht Treaty for a formal
recognition in primary law.
The fact that the eu lacked a strong security arm during the 1990s presum-
ably explains its initial absence from the international debate on the security-
development nexus. The starting signal for a more comprehensive approach
was given by the 2001 Göteborg European Council, adopting the eu Programme
for the Prevention of Violent Conflicts.75 This programme recognised both Eu-
ropean Community (ec) and csdp competence for conflict prevention and
called to mainstream this objective in the work of all relevant institutions. It
was followed by a whole range of documents recognising and fastening the
link between cfsp, csdp and development cooperation, in different grada-
tions and from various angles (cf. infra 3.1.). Essential in this regard are the 2003
European Security Strategy76 and the 2006 European Consensus on Develop-
ment77 – the eu’s security and development ‘bibles’.
This rising commitment led to a widening of both development and
cfsp/csdp competences, enabling the eu to span the entire conflict cycle from
conflict prevention, over crisis management, peace-building, peace-keeping to
post-conflict reconstruction. While the Union thus holds great potential with
regard to the security-development nexus, fine-tuning such diverse efforts is
no self-evident undertaking. This is all the more true in the light of the eu’s
constitutional system that has long contained the cfsp and development co-
operation in two separate pillars. While these pillar walls have v anished with
the entry into force of the Lisbon Treaty,78 the cfsp remains subject to spe-
cial rules of delimitation. Development and security competences may be
linked together closely in policy rhetoric, they are still governed by very dif-
ferent legal regimes, complicating a coherent and unified approach. Develop-
ment policy is set out in a specific chapter of the Treaty on the Functioning
74 This was initially named European Security and Defence Policy or esdp, with the C only
introduced by the Lisbon Treaty to affirm its strengthened nature (cf. infra 2.3.); Presi-
dency Conclusions, European Council, Laeken, 14–15.12.2001, para. 6.
75 Presidency Conclusions, eu Programme for the Prevention of Violent Conflicts, European
Council, Göteborg, 15–16.06.2001.
76 Council, A Secure Europe in a Better World – European Security Strategy, 12.12 2003.
77 Joint statement by the Council and the representatives of the governments of the Mem-
ber States meeting within the Council, the European Parliament and the Commission on
European Union Development Policy, The European Consensus on Development, oj C46/1,
24.02.2006.
78 Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing
the European Communities, oj C306/1, 13.12.2007.
Introduction – The eu and the Security-Development Nexus 17
of the eu (tfeu),79 listing its principles and objectives as well as the appli-
cable decision-making framework. This is governed by the ordinary legislative
procedure, implying a formal proposal of the Commission and co-decision by
the European Parliament and Council, with full judicial competence of the eu
Court of Justice (cjeu).80 The cfsp, on the other hand, is excluded from the
tfeu and governed by “specific rules and procedures” set out in Article 24(1)
of the Treaty on European Union (teu). These are dominated by the Member
States, as represented in the Council and the European Council, and accord
only limited roles to the Commission, Parliament and cjeu. This makes the
nexus at the same time legally complex as it requires difficult choices of legal
basis, administratively challenging as these choices have to be made across very
distinct policy-making communities, and politically sensitive as they affect the
division of competences and balance of power between eu institutions.
Compared to the former (pillarised) external action architecture, the Lis-
bon Treaty, by interlinking the cfsp/csdp and development cooperation both
constitutionally and institutionally, better arms the eu to deal with such com-
plexities. It does so in the first place by streamlining the eu`s external action
system and dissolving the European Community into the eu.81 Moreover, all
the eu’s external action principles and objectives are now grouped together
in a single Treaty article with a reinforced duty to ensure consistency between
them.82 This coherence rationale is reflected in the creation of institutional
bridging functions such as the High Representative of the Union for Foreign
Affairs and Security Policy/Vice-President of the Commission, the European
External Action Service (eeas) and the eu Delegations. At the same time, and
as mentioned above, the specific status of the cfsp as a more intergovern-
mental form of cooperation has survived the Treaty changes and will contin-
ue to challenge the strive for closer ties between security and development
competences. This is most outspoken in Article 40 teu stating that the imple-
mentation of both cfsp and tfeu competences shall not affect the other’s
procedures and institutional balance.
Arguably, one of the main post-Lisbon challenges for eu external action will
therefore be to solve this integration-delimitation paradox. In other words,
how to reconcile the remaining plea for the delimitation of the cfsp, with
the equally strong call for coherence, integration and comprehensiveness. As
the security-development nexus embodies the many hurdles of developing an
79 Chapter 1 of Title iii ‘Cooperation with Third Countries and Humanitarian Aid’ under
Part v on ‘The Union’s External Action’.
80 Article 209(1) tfeu.
81 Article 1 of the Lisbon Treaty on European Union (hereafter: teu).
82 Article 21 teu.
18 chapter 1
The Lisbon Treaty provides no details or hints on how to cope with its con-
tradicting calls for integration and delimitation. This puts the onus on poli-
cy-makers and the judiciary that will have to demonstrate considerable tact
and creativity to get round this integration-delimitation paradox. This book
inserts this often underexposed legal dimension in the discourse and scholarly
work on the eu’s commitment to the security-development nexus. It holds up
the eu’s political rationale to the mirror of the underlying constitutional
structure. The aim is to understand how the eu, in its commitment to the
security-development nexus, copes with the constitutional delimitation be-
tween development cooperation and cfsp/csdp, and whether the Lisbon
Treaty’s strive for more external action coherence facilitates this endeavour.
This analysis is conducted along three interrelated tracks. First, the track
of policy formulation, legislative design and implementation. This focusses
on the political approach to the security-development nexus, the process of
adopting legal instruments to tackle the various challenges at stake, and their
respective legal bases. Second, the institutional track analyses the diverging in-
stitutional balance under security and development competences, the track
record of cooperation and coordination between eu institutions and the Lis-
bon Treaty’s innovations to their legal design. Third, the judicial track studies
the eu Court of Justice’s approach in delineating security and development
competences and how the constitutional seclusion of the cfsp affects the
Court’s methodology in selecting appropriate legal bases.
These three tracks form of course no neatly separated systems. Policy com-
mitments are likely to influence the organisation of inter and intra-institutional
relations, the success of which in turn determines the need for the judiciary to
get involved. Yet, precisely by structuring the analysis along these tracks, this
research intends to generate broader insights into such interrelations between
policy, institutional and judicial approaches. In order to deal with unavoidable
overlaps, cross-references will be included that allow the reader to go back and
forth between the different tracks. A final chapter will moreover draw the anal-
ysis on the three levels together in order to come to more general conclusions.
Along each of the three tracks it will be studied what the differences are
between the treatment of development cooperation and cfsp/csdp, what ob-
stacles and challenges result from these differences, which efforts are taken to
Introduction – The eu and the Security-Development Nexus 19
transcend them, and whether the latter succeed in making full use of the eu’s
diverse machinery. This multi-level approach is designed to grasp the full scale,
consequences and potential of this policy commitment. What does it mean
when eu actors talk about and commit to the security-development nexus,
how do they give effect to it and what are the strategies and possibilities to
transcend the legal delimitation of the cfsp on the policy, institutional and
judicial level? Studying how these levels are influenced by the Lisbon Treaty
changes will moreover contribute to understanding the actual impact of Trea-
ty reform in the area of eu external relations.
To date, there has not been a comprehensive study that lays bare the facts
of this decade-old eu commitment across its entire institutional, political and
legal system. While a number of authors have studied the political aspects of
the security-development nexus in the context of the eu,83 the void is par-
ticularly remarkable on the level of legal analysis, with Koutrakos, Hoffmeister,
Martenczuk, Blockmans and Wessel as notable exceptions.84 Even separately,
the policy fields of eu development cooperation and the cfsp have received
rather limited attention from academic lawyers. With regard to the cfsp this
is not surprising, given that law has long been kept out of European coopera-
tion on foreign and security policy. In parallel with the growing cfsp activ-
ity in the 1990s and the Amsterdam, Nice and Lisbon Treaty changes, legal
analysis is catching up quickly.85 This is much less the case with regard to eu
83 For instance: K. Del Biondo, S. Oltsch and J. Orbie, ‘Security and Development in eu Ex-
ternal Relations: Converging, but in which Direction?’ in S. Biscop and R. Whitman (eds),
The Routledge Handbook of European Security (Routledge, New York, 2012) 126–142; D. Si-
curelli, ‘Framing Security and Development in the eu Pillar Structure. How the Views of
the Commission Affect eu Africa Policy’ (2008) European Integration 30(2), 217–234; R.
Youngs, ‘Fusing Security and Development: Just another Euro-Platitude?’ in M. Carbone
(ed), Policy Coherence and eu Development Policy (Routledge, London, 2009) 95–113.
84 See respectively: P. Koutrakos, ‘The Nexus between the European Union’s Common Secu-
rity and Defence Policy and Development’ in A. Arnull, et al. (eds), A Constitutional Order
of States: Essays in eu Law in Honour of Alan Dashwood (Hart Publishing, Oxford, 2011)
589–608; F. Hoffmeister, ‘Inter-Pillar Coherence in the European Union’s Civilian Crisis
Management’ in S. Blockmans (ed), The European Union and Crisis Management: Policy
and Legal Aspects (tmc Asser, The Hague, 2008) 157–181; B. Martenczuk, ‘Community Co-
operation Policy and Conflict Prevention’ in V. Kronenberger and J. Wouters (eds), The
European Union and Conflict Prevention: Policy and Legal Aspects (tmc Asser, The Hague,
2004) 189–210; S. Blockmans and R.A. Wessel, ‘The European Union and Crisis Manage-
ment: Will the Lisbon Treaty Make the eu More Effective?’, cleer Working Papers 2009/1
(Centre for the Law of eu External Relations, The Hague, 2009) 47p.
85 See for instance: R.A. Wessel, The European Union’s Foreign and Security Policy: A Legal In-
stitutionalist Perspective (Kluwer Law International, The Hague, 1999) 383p.; P. Koutrakos,
20 chapter 1
The eu Common Security and Defence Policy (Oxford University Press, Oxford, 2013) 318p.;
M. Trybus and N.D. White (eds), European Security Law (Oxford University Press, Oxford,
2007) 381p.
86 Council, A Strategic Framework for the Horn of Africa, 3124th Foreign Affairs Council
(fac) meeting, 24.11.2011.
Introduction – The eu and the Security-Development Nexus 21
In delineating the scope of this research certain choices were made that un-
avoidably exclude a number of subjects from the intended scheme. Firstly, se-
curity and development are broad and deep-ranging issue areas. Therefore, the
nexus between them touches upon a wide array of interrelated policies that all
have an impact on the effectiveness of the eu`s approach. In order to enable a
profound study the focus of this dissertation lies predominantly on the inter-
relation between development cooperation and the cfsp/csdp. This implies
that other related fields such as humanitarian aid, justice and home affairs and
trade will only be touched upon in passing. All these areas form highly inter-
esting subjects of analysis, with captivating relationships to both eu security
and development policy. Yet, their full incorporation in this research would
multiply the number of interfaces to be studied, augment the complexity and
thereby detract from the quality of analysis. Particularly humanitarian aid has
important interfaces with both eu development and security interventions in
fragile states. The choice to exclude it therefore deserves specific justification.
Governed by the principles of humanity, neutrality, impartiality and indepen-
dence, the eu’s humanitarian aid policy constitutes a peculiar competence.87
In essence, it is driven by an inclination to stay free from political influence
and thus avoid interaction with other policy areas. This does not mean that
this competence is not an important part of the eu’s package in addressing
fragile situations, and research on the position of this competence – that has
for the first time received a formal basis in the Treaty88 – is definitely needed.
Humanitarian aid is for the above reasons only less relevant in a study that
aims to understand how the eu’s drive for coherence deals with the fuzzy legal
divide between security and development.
Secondly, the wide fields of development cooperation and cfsp/csdp could
each easily be attributed a separate monograph. Therefore the choice was
made to focus mainly on the grey area between them where the division of
competences is obscure and interactions are manifold.
Thirdly, the research concentrates on the impact of the security-develop-
ment pledge with regard to the Union`s internal division of competences and
labour. Evidently, the Member States’ separate development and security ini-
tiatives also have an important impact on policy outcomes. The internal or-
ganisation is however very different from country to country and it would lead
87 P. Van Elsuwege and J. Orbie, ‘The eu’s Humanitarian Aid Policy after Lisbon: Implica-
tions of a New Treaty Basis’ in I. Govaere and S. Poli (eds), eu Management of Global Emer-
gencies: Legal Framework for Combating Threats and Crises (Brill Nijhoff, Leiden, 2014)
21–46.
88 Article 214 tfeu.
22 chapter 1
us too far to treat all 28 Member States in the scope of this study. Therefore
it was decided to treat the EU-Member States relationship only on a general
level, combined with their collective representation in and by the Council of
Ministers and the European Council.
Finally, for these same reasons the relations of the eu with other interna-
tional organisations in enhancing the security-development link will not form
a central focus of analysis.
This book will be structured as follows. This first introductory chapter will
be followed by a second chapter on the evolving relationship between devel-
opment and security competences in the eu`s changing constitutional archi-
tecture. This advanced from prudent interaction between two policy fields
without explicit legal bases under the Rome Treaty framework, over the ‘inte-
grated but separate’ legal orders of the Treaty of Maastricht, towards the para-
dox of the Lisbon Treaty where security and development competences hinge
between integration and delimitation. The evolution of this constitutional
framework sets out the legal boundaries within which the growing commit-
ment to the security-development nexus has matured.
This commitment forms the focus of the third chapter dealing with the pol-
icy track in cohering security and development. Starting from an overview of
the eu’s evolving lexicon on the security-development nexus, it will be studied
how these words match the legal framework for eu external action. A second
main part of this chapter will go deeper into the Union’s toolbox for tackling
the security-development interface. The legal divide cutting across the latter
has led both development and security instruments to gradually evolve to-
wards the core of their interface, causing evident challenges of overlap and
fragmentation. The more recent tendency of incorporating security and devel-
opment elements in a comprehensive approach towards eu external action,
which can only be understood in the light of the Lisbon Treaty’s institutional
novelties, will be set out in Chapter 6.
The fourth chapter treats the role of institutions and institutional design
in interlinking development cooperation and cfsp/csdp. It starts from an
analysis of the traditional love-hate relationship between the Council and the
Commission, condemned to close cooperation in the day-to-day management
of cfsp and development aid. The two have taken various initiatives to smooth-
en interaction and cooperation, but this has not been able to avoid occasional
collision over the location of the borderline between both policy fields. The
Lisbon Treaty introduces a number of changes that could defuse this situation.
Most visible are the creation and transformation of institutional functions
transcending the cfsp-tfeu boundary, namely the High Representative, the
eeas and the eu Delegations. The practical translation of their vague Treaty
Introduction – The eu and the Security-Development Nexus 23
∵
While eu development cooperation and the cfsp are today well-established
policy areas with an extensive institutional machinery, this has not been self-
evident and Member States have found it difficult to pool authority in these ar-
eas. It is therefore not surprising that both emerged largely outside the Treaty
framework. It was not until 35 years after the initiation of European integration
by the 1951 Paris Treaty that an agreement could be reached on an explicit but
limited Treaty basis for political cooperation on security issues in the Single
European Act. It took even until 1993 before development cooperation was for-
mally inserted in the Treaties. Both areas, as well as the interaction between
them, consequently evolved in a pragmatic fashion. An outsider’s look at the
eu’s current constitutional and institutional framework for security, defence
and development policies therefore reveals a peculiar and complex design that
has little in common with that of its Member States or any other international
organisation.
First, whereas the eu promotes itself as a global development actor building
equal partnerships around the world,1 its development policies are in practice
dominated by donor-recipient dynamics that are geographically tilted towards
a strange coalition of African, Caribbean and Pacific (acp) states. The cfsp
has despite its ambitious mandate covering “all areas of foreign policy and all
questions relating to the Union’s security”2 a rather tight budget of eur 2.3 bil-
lion for 2014–2020 and limited operational capacity. Second, even though they
both form a constitutive part of the eu’s external action system, development
1 See for instance: Council (16344/07) The Africa-eu Strategic Partnership: A Joint Africa-eu
Strategy, 09.12.2007.
2 Article 24(1) teu.
cooperation and the cfsp, including the csdp, are separately established in
each of the Union’s two founding Treaties.3 Moreover, in what appears a rather
confusing and contradictory design, the teu first links their objectives closely
together, only to draw a firm line between them in a subsequent provision.
Indeed, Article 21 teu instructs the Union to ensure consistency between the
policies of poverty eradication and strengthening international security, while
Article 40 subsequently prohibits the implementation of cfsp and tfeu poli-
cies from affecting each other’s Treaty-defined procedures and institutional
balance. Finally, some of the eu’s institutional actors that play a central role
in the policy-making process of development cooperation, are conspicuous by
their absence in the cfsp. The Parliament acting as a co-legislator with the
Council on development issues, the Court overseeing the application of law,
and the Commission as a sort of budgetary and technical development agency,
are each accorded very limited roles when operating under the cfsp. The latter
evolves according to the pace set unanimously by the Member States repre-
sented in the European Council and the Council.
Besides confusing observers and occupying lawyers, the institutional frag-
mentation and constitutional contradictions of eu security and development
policies are illustrative for the bipolarity that has characterised the eu’s exter-
nal action system ever since its creation.4 Whereas the European integration
project has gradually evolved – both out of necessity and out of a growing ap-
preciation for economies of scale – towards increasing communality on the
economic strands of external policy, such as development cooperation, trade
and humanitarian aid, this was much less the case for the more political cfsp.
With regard to the latter, Member States constantly balance between two grav-
itational forces. On the one hand, they are in varying gradations driven by a
certain reluctance to give up their sovereignty in this sensitive area so closely
connected with their existence as a state.5 On the other hand, the desire for
more international leverage has cautiously pushed them towards political in-
tegration. The unavoidable interaction with economic aspects of eu foreign
policy subsequently necessitated ever more efforts to enhance the coherence
3 Respectively in Chapter 1 of Title iii “Cooperation with Third Countries and Humanitarian
Aid” under Part v on “The Union’s External Action” of the tfeu, and the teu’s Title v on
“General Provisions on the Union’s External Action and Specific Provisions on the Common
Foreign and Security Policy”.
4 A. Dashwood, ‘The Continuing Bipolarity of eu External Action’ in I. Govaere, et al. (eds), The
European Union in the World: Essays in Honour of Marc Maresceau (Martinus Nijhoff, Leiden,
2014) 3–16.
5 Foreign policy forms one of the four components to qualify as a state in Article 1 of the 1933
Montevideo Convention on the Rights and Duties of States.
26 chapter 2
6 Some recent examples are: D. Curtin and I. Dekker, ‘The European Union from Maastricht to
Lisbon: Institutional and Legal Unity out of the Shadows’ in P. Craig and G. de Búrca (eds),
The Evolution of eu Law (Oxford University Press, Oxford, 2011) 155–185; R.A. Wessel, ‘The Dy-
namics of the European Union Legal Order: An Increasingly Coherent Framework of Action
and Interpretation’ (2009) European Constitutional Law Review 5(1), 117–142; C. Herrmann,
‘Much Ado about Pluto? The “Unity of the Legal Order of the European Union” Revisited’ in
M. Cremona and B. de Witte (eds), eu Foreign Relations Law: Constitutional Fundamentals
– Essays in European Law (Hart Publishing, Portland, 2008) 19–51.
The EU’s Evolving Constitutional Architecture 27
2.1 The Rome Era: Security and Development without Legal Basis
The mainspring of the eu’s7 founding fathers lay in the link between common
economic development and sustaining peace on the European continent.
That this was not a mere inward-looking intuition, but represented a broader
sense of responsibility for global peace and prosperity is clear from the famous
Schuman Declaration of 9 May 1950. Therein the then French Foreign Minister
professed that the pooled production of coal and steel “would be offered to
the world as a whole, without distinction or exception, with the aim of rais-
ing living standards and promoting peace as well as fulfilling one of Europe’s
essential tasks – the development of the African continent”.8 Such a provision
did however not make it into the 1951 Paris Treaty establishing the European
Coal and Steel Community (ecsc Treaty).9
Six years later the European integration project took a major leap forward
with the Rome Treaty establishing the European Economic Community
(eec).10 With regard to external relations its provisions remained few and lapi-
dary. The Treaty departed in its first preamble from the determination “to lay
the foundations of an ever-closer union among the peoples of Europe”, but
shied away from any form of political cooperation. Even though this legal
framework, which did not foresee legal bases for development, foreign policy
7 For the sake of clarity and cohesion, we will throughout this dissertation use the term eu
to refer to the evolving organisation that was created in 1957 by the Rome Treaty as the
eec, became the umbrella for the ec and the intergovernmental pillars after the Treaty
of Maastricht and evolved into the current unified constellation set out in the Lisbon
Treaty. Only when referring to a specific state of this organisation in history, or to one of
its subsystems, will we use the acronyms eec or ec.
8 R. Schuman, Declaration on the Birth of Europe, Paris, 09.05.1950.
9 Treaty establishing the European Coal and Steel Community, Paris, 18.04.1951.
10 Treaty establishing the European Economic Community, Rome, 25.03.1957.
28 chapter 2
or security actions, remained unaltered until 1986, both policy areas under-
went a significant transformation in those 30 years. In the absence of law, this
process was mainly driven by pragmatism, gradually adding layers and forms
of integration, cooperation and coordination to the existing European policies.
These first decades have left a clear mark on the current security and develop-
ment systems and it is therefore not surprising that both have recently been
defined as a “policy patchwork”.11
In chronological order this section will explore the emergence of the eu’s
development policy (2.1.1), followed by the start of political cooperation in the
seventies and their ever-extending common ground (2.1.2). This will illustrate
how the eec and intergovernmental political cooperation gradually grew clos-
er, laying the basis for the anchorage of their connection in the Single Euro-
pean Act (2.1.3).
11 See with regard to eu development cooperation: M. Holland, The European Union and the
Third World (Palgrave Macmillan, Houndmills, 2002) 1; and for the cfsp: F. Bindi and I.
Angelescu, ‘The Open Question of an eu Foreign Policy’ in F. Bindi and I. Angelescu (eds),
The Foreign Policy of the European Union: Assessing Europe’s Role in the World (Brookings
Institution Press, Washington, 2012) 327.
12 This provision resulted from a French negotiating strategy to save its declining French
Union of colonial dependencies (Ravenhill (1985) op.cit. note 11, 48). Schrijver candidly
notes that “[t]here can be little doubt that the entire association regime was meant to
maintain colonial linkages and the economic advantages that resulted from them and to
spread the costs over all eec members” (N. Schrijver, ‘The eu’s Common Development
Cooperation Policy’ in M. Telo (ed), The European Union and Global Governance (Rout-
ledge, London, 2009) 177).
13 M. Broberg, ‘What is the Direction for the eu’s Development Cooperation after Lisbon? A
Legal Examination’ (2011) European Foreign Affairs Review 16(4), 540–541.
14 These countries were listed in Annex iv of the eec Treaty and included around 25 French
associated countries and dependencies, two Belgian territories (Belgian Congo and
Rwanda-Burundi), Italian Somaliland and the Dutch dependent territory of New Guinea.
The EU’s Evolving Constitutional Architecture 29
reduction of custom duties. Given the experimental nature of this system the
details were set out in a five-year Implementing Convention. This Convention
contained the second main element, namely that of financial aid. It created
the European Development Fund (edf) to fulfil the Rome Treaty’s aim of fur-
thering “the interests and prosperity of the inhabitants of these countries and
territories in order to lead them to the economic, social and cultural develop-
ment to which they aspire”.15 The edf, which still exists at present and is thus
one of the oldest eu instruments, was established outside the scope of the eec
budget, with a separate contribution key. This was mainly due to the limited
enthusiasm among Member States to finance primarily French colonies.16 edf
project proposals were to be submitted by Member States “in agreement with
the local authorities”, decided upon by the Council and administered by the
Commission.17 The Fund was established as additional to the existing national
aid programmes, and was not followed by a reduced responsibility from the
part of the Member States. With this design the Convention laid the founda-
tion of two other key elements of eu development policy, namely the central
position of the Commission as a sort of eu development agency and the fact
that European policy was not aimed at replacing, but at complementing Mem-
ber States’ programmes.
Only nine months after the entry into force of the Rome Treaty on 1 Janu-
ary 1958, Guinea was the first of the Treaty’s associated states to gain inde-
pendence, soon followed by Mali and Senegal, in a whirlwind decolonisation
process that was completed by 1962. The abrupt ending of Europe’s colonial era
rendered Part iv of the Rome Treaty vacuous for a great number of previously
associated states, leaving the eec without a Treaty basis for general develop-
ment policy. Remarkably, its development programme nonetheless evolved
through legal rather than political commitments, grafted on three other Treaty
provisions.18 First, Article 113 eec (ex Article 133 ec, current Article 207 tfeu)
granting the eec exclusive competence on tariffs and trade in the context of
the Common Commercial Policy (ccp), was used as legal basis for the conclu-
sion of commodity agreements as well as the generalised system of preferences