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The European Union as a Regional Organization within the Meaning of the UN Charter

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Fernández S. N.

Polish Yearbook of International Law

2012

vol. 32

259-269

Since it assumed competences in the area of security and defence, the EU has become a complete regional organization in the sense of the Chapter VIII of the UN Charter. This article explains the current situation, following the recognition of the EU’s special status by the United Nations and the entry into force of the Treaty of Lisbon. The future implementation of the mutual defence clause can improve the relevance of the European role as a security actor in the global framework of the UN and add a new task to its traditional peace-keeping, crisis management, and conflict prevention operations. In addition, the EU is an important political actor in the implementation of UN Security Council (UNSC) resolutions, especially those concerning the sanctions against individuals considered as belonging to terrorist organizations. By refusing the implementation of a UNSC resolution that fails to protect human rights, the EU can contribute to the evolution of the UN Charter legal order and be a political force to be reckoned with in the Security Council. The EU orientation, as reflected in its values, including respect for international law, can both reinforce the legitimacy of some UNSC resolutions and improve the credibility and specificity of the EU as an international actor.

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1 Polish Yearbook of International Law

1 Fernández S. N.

1 2012

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The European Union as a Regional Organization within the Meaning of the UN Charter