Paul James Cardwell

• Doctor of Philosophy
• Professor at King's College London

The UK's decision to leave the European Union (EU) has presented innumerable challenges for both the leaving state and the EU. In these unchartered waters, the future of UK involvement in EU policies is very much in doubt. The Common Foreign and Security Policy (CFSP) has not been at the forefront of the debates about Brexit, despite the increasing...

Studying abroad as part of a degree has become commonplace for many students in European and other developed countries. Universities actively promote opportunities as part of internationalization strategies. Whilst research has looked into the ‘abroad’ aspect of study abroad, there is less literature on the ‘study’ aspect, and in particular, the ef...

The EU's legal system has been built on the principle of a ‘single legal order’. Undeniably, however, differentiation has crept in. The UK has been at the forefront of seeking opt‐outs and exceptions to the euro, Schengen etc. After Brexit, will others’ requests for special treatment continue, or will the Brexit experience strengthen the legal orde...

Sanctions have become the “go to” mechanism for addressing foreign and security challenges in the international arena. The European Union’s willingness to impose autonomous (or unilateral) restrictive measures on third countries, and in particular on Russia, has come to the fore at a time when the uptake of new sanctions through the United Nations...

External migration has become a site for extensive EU activity, not least in the years following the start of the migration ‘crisis’ in 2015–2016. It has also become a testing ground for forms of governance that are not generally associated with external relations. We term this type of governance ‘formal informality’ as there is the appearance of a...

This chapter provides an overview of the Court of Justice of the EU. The Court has emerged as a powerful player in the history and development of the European integration process. Its contribution to the workings of the EU and our understanding of it are central to both legal and political accounts, while its decision-making has at times been contr...

Japan and the UK appear to have few commonalities in terms of their history of and approach to migration law and policy. However, strong similarities in their contemporary approaches can be detected. Migration sits at the very top of the national political agendas and both have undertaken successive, major policy reforms over the past decade. Both...

This special issue of Europe and the World: A law review consists of selected articles that were presented at a workshop on External Relations in the post-Brexit EU , University of Strathclyde, Glasgow in October 2018. The workshop was generously funded by the James Madison Charitable Trust and the New Professors Fund of the University of Strathcly...

In this submission, I have focussed my comments on the following point in the call for evidence: In what ways does CEPA differ from the Japan-EU Economic Partnership Agreement (JEEPA)? My evidence relates to the migration and mobility aspects of the JEEPA and CEPA.

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The European Union is not a state. Yet, it is increasingly involved in territorial questions, either of its own or of other states. Notions of territory and jurisdiction are central in international law. Indeed, state sovereignty implies that states are the sole rule makers and rule enforcers within a jurisdiction that is intrinsically linked to th...

The European Parliament enjoys an array of powers in development cooperation, ranging from legislative and budgetary powers to scrutiny and democratic oversight. However, its role has largely been overlooked and generally been absent from the key debates in the EU foreign policy literature. Partly this stems from the ‘low politics’ nature of develo...

Les conséquences de la sortie du Royaume-Uni de l’Union européenne ( Brexit ) demeurent encore incertaines. Pour les juristes, le Brexit a posé une série de questions de droit complexes, dont quelques-unes n’ont pas été envisagées depuis plus de 40 ans. Cet article a pour but de mettre en avant quelques-unes des questions qui ont surgi au cours du...

In this submission, I have focussed my comments on the following points in the call for evidence: - The effectiveness of sanctions as an instrument of foreign policy, including examples of both successful and unsuccessful use of sanctions to influence the behaviour of foreign actors - The advantages and disadvantages of the EU’s approach to the us...

Ordoliberalism has undergone a dramatic resurgence as a characterization of the contemporary EU and its economic dimensions. Commentators have pointed to the ‘ordoliberalization’ of EU economic policy with Germany at its core, albeit with the latter taking the role of a ‘reluctant hegemon’. Perhaps as a result of this pervasive influence, some have...

It has become commonplace to regard the contemporary state of migration to Europe as a ‘crisis’. The European Union has been under pressure to respond effectively to this ‘crisis’, which has gone to the very top of its policy making agenda. However, despite the legal powers the EU has to regulate migration, legislative measures appear to have decli...

In this submission, I have focussed my comments on one of the issues in the call for evidence: - Potential institutional frameworks for a post-Brexit foreign and defence policy partnership including, but not limited to, continued UK participation in aspects of the Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CS...

Common Foreign and Security Policy (CFSP) Declarations have become one of the main ways in which the EU makes its voice heard on the global stage. Declarations do not have a basis in the Treaty but are the product of close cooperation between the Member States. Their frequency has increased to the extent that they are a stable, regular and institut...

This contribution analyses the potential legal outcomes in meeting the United Kingdom’s (UK’s) demands in advance of the referendum and what they might mean for EU integration should the UK vote to remain in the Union. It argues that there is unlikely to be a ‘quick fix’ to meet the full range of demands, since there is no obvious legal mechanism w...

This article proposes a way forward in the debate about law and new governance in the contemporary European Union. Migration management is used a prism through which we can see what is happening in a significant area of EU activity and re-evaluate new governance, both in terms of its opportunities, but also crucially, its dangers. A rethink on new...

This article explores the legalisation of the Common Foreign and Security Policy (CFSP) of the European Union (EU) and its increasing use of sanctions. It argues that the breadth and depth of the numerous sanctions regimes in place shows that EU foreign policy is not merely an aspiration but produces law and legal processes which share similarities...

Against the background of the limited “hard” law measures in place on external migration, the EU institutions are attempting to use a more differentiated approach to migration. This is evidenced by both the Stockholm Programme and the Global Approach to Migration (2005) which rely less on binding instruments and more on flexible, coordinated measur...

EU External Relations Law and Policy in the Post-Lisbon Era is a collection of works which considers the many different facets of the EU’s increasingly important engagement with the world beyond its borders. The Treaty of Lisbon, which came into effect in December 2009, made significant changes to the powers and competences endowed on the EU instit...

International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of inves...

The European Union (EU) institutions and Member States could be forgiven for giving a collective sigh of relief on 1 December 2009 when the decade-long process of constitutional reform of the EU finally reached its end. The entry into force of the Treaty of Lisbon, born from the ashes of the abandoned Treaty Establishing a Constitution for Europe,...

In 2008, the EU adopted Directive 2008/99/EC on the protection of the environment through the criminal law, to be implemented in Member States by December 2010. Although the enforcement of environmental legislation by means of the criminal law is by no means novel, it has often played a secondary role to administrative sanctions and civil penalties...

This article uses the language of governance to explore the relationships between the EU and the states around the Mediterranean. Against the background of multiple legal, policy and institutional arrangements which have been created by the EU since 1995 to frame EuroMediterranean relations, the article considers how seemingly different priorities...

The Court of Justice has held that goods originating in the West Bank are not entitled to enter the European Union (EU) under the preferential tariff arrangements granted under the EC-Israel Association Agreement. The customs authorities of the Member States are not bound by the proof of origin status given by the exporting state when sufficient in...

As a non-traditional actor on the international stage, the European Union (EU) presents itself as a successful example of peaceful, democratic cooperation between its Member States. Its foreign policy, existing alongside rather than replacing that of the Member States, is not driven by military strength but backed-up with formidable economic clout....

In Bolbol, the European Court of Justice considered the refusal of the Hungarian authorities to grant refugee status to a stateless Palestinian. Her claim relied on a provision of the Geneva Convention contained in Directive 2004/83 on minimum standards for the qualification and status of third-country nationals as refugees. The ECJ was willing to...

This article considers the major constitutional reforms which have taken place in the United Kingdom during the period of government by the Labour Party, 1997- 2010. Within the context of the UK’s unwritten constitution, the article first considers how ‘constitutional’ law can be identified when compared with a written constitution, such as that of...

This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond...

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This book takes a fresh look at the external relations of the European Union (EU) and in particular the Common Foreign and Security Policy (CFSP). Rather than focusing exclusively on the competence aspects of the institutions and actors, the book makes the case that the CFSP can be understood as a system of governance, which produces effects beyond...

Regulatory reform has become a dominant feature in the legal and economic environments of states in different parts of the globe. Japan, however, stands out as one which has taken limited steps towards comprehensive regulatory reform. Developments over the past decade suggest that regulatory reform has now become central to the economic and adminis...