We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 13 February 2008
1 ACP–EU Revised Cotonou Partnership Agreement, Luxemburg, 25 June 2005, ACP 63/OC 269 8851/05. ‘The CPA I' is used in this contribution in those instances where the CPA II does not introduce new or revised provisions.
2 ACP–EU Partnership Agreement, Cotonou, 23 June 2000, [2000] OJ L 317/3. EU Member States that endorsed the first Cotonou Agreement signed on 23 June 2000 were Austria, Belgium, Denmark, Finland, Germany, Greece, Spain, France, Ireland, Italy, Cyprus, Luxembourg, the Netherlands, Portugal, Sweden, and the United Kingdom. Under the CPA II, 10 new members of the EC have joined the partnership. These include the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, the Slovak Republic and Slovenia. Members of the ACP include, Angola, Antigua & Barbuda, the Commonwealth of the Bahamas, Barbados, Belize, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, the Central African Republic, the Comoros, the Democratic Republic of Congo, the Republic of Congo, the Cook Islands, Côte d'Ivoire, Cuba (has a sui generis status: not signatory to the CPA), Djibouti, Dominica, the Dominican Republic, East Timor, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Ghana, Granada, Guinea, Guinea-Bissau, Equatorial Guinea, Guyana, Haiti, Jamaica, Kenya, Kiribati, Lesotho, Liberia, Madagascar, Malawi, Mali, the Marshall Islands, Mauritania, Mauritius, Micronesia, Mozambique, Namibia, Nauru, Niger, Nigeria, Niue, Palau, Uganda, Papua New Guinea, Rwanda, Saint Kitts & Nevis, Saint Lucia, Saint Vincent & the Grenadines, Samoa, Sâo Tomé & Principe, Senegal, Seychelles, Sierra Leone, the Solomon Islands, South Africa (has a sui generis status: does not benefit from the European Development Fund but from aid debited on EC budget) Sudan, Suriname, Swaziland, Tanzania, Chad, Togo, Tonga, Trinidad and Tobago, Tuvalu, Vanuatu, Zambia, and Zimbabwe.
3 First ACP–EC Convention of 28 February 1975, OJ L 25; Second ACP–EC Convention of 31 October 1979, [1980] OJ L 347; Third ACP–EC Convention of 8 December 1984, [1986] OJ L86; Fourth ACP–EC Convention of 15 December 1989, [1991] OJ L 229/3.
4 For a summary on the evolution of the preferences offered to ACP states, see Enzo Grilli, The European Community and the Developing Countries (CUP, Cambridge, 1993) 34; Joseph McMahon, ‘Negotiating in a Time Of Turbulent Transition: The Future of Lomé’ (1999) 36 Common Market Law Review, 599–624; J Ravenhill, ‘Back to the Nest? Europe's Relations with the African, Caribbean and Pacific Group of Countries’, in V Aggarwal and E Fogarty (eds), European Union Trade Strategies (Palgrave Macmillan, Basingstoke, 2004) 125.
5 This is a common fund into which EU Member States make multi-annual contributions for development programmes in ACP States. See M Holland, The European Union and the Third World (Palgrave Macmillan, Basingstoke, 2002) 29.
6 For the current institutions of the Cotonou Partnership Agreement, see Arts 14–17 of the CPA I.
7 Art 5(1) of the Fourth Lomé Convention [1991] OJ L 229/3.
8 Convention of Mauritius of 4 November 1995 [1998] OJ L 156/3.
9 Art 11(a) of the CPA II. For legal analyses of EU's reaction to terrorism, see S Peers, ‘EU Responses to Terrorism’ (2003) 52 International and Comparative Law Quarterly 227; J Wouters and F Naert, ‘Of Arrest Warrants, Terrorist Offences and Extradition Deals: An Appraisal of EU's Main Criminal Law Measures Against Terrorism after “11 September”’ (2004) 41 Common Market Law Review 909; J Monar, ‘Anti-terrorism Law and Policy: The Case of the European Union’, in V Ramraj, M Hor, and K Roach (eds), Global Anti-Terrorism Law and Policy (CUP, Cambridge, 2006) 425. Assessments of EU's capacity to address terrorism from a political perspective include: J Wright, ‘The Importance of Europe in the Global Campaign Against Terrorism’ (2006) 18 Terrorism and Political Violence (2006) 281; G de Vries, ‘The European Union's Role in the Fight Against Terrorism’ (2005) 16 Irish Studies in International Affairs 3.
10 Emphasis added.
11 In recent years essential element clauses in EU's international agreements with third States have been mainly confined to the respect for human rights and democratic principles. See E Fierro, The EU's Approach to Human Rights Conditionality in Practice (Martinus Nijhoff Publishers, The Hague, 2003) 230–4; L Bartels, Human Rights Conditionality in the EU's International Agreements (OUP, Oxford, 2005) 26–7. It is noteworthy that Art 11(b) of the CPA II is a marked departure from the erstwhile approach of restricting essential elements to the respect for human rights and democratic principles.
12 Council Framework Decision of 13 June 2002 on combating terrorism (2002/475/JHA) [2002] OJ L 164/3.
13 OAU Convention on the Prevention and Combating of Terrorism, Algiers (OAU Convention) <http://untreaty.un.org/English/Terrorism/oau_e.pdf> (last accessed 14 July 1999). See also, The Protocol to the OAU Convention on the Prevention and Combating of Terrorism, Adopted by the Third Ordinary Session of the Assembly of the African Union, Addis Ababa, 8 July 2004. For measures adopted in the Caribbean, see The Nassau Declaration on International Terrorism: The CARICOM Response, Issued at the Conclusion of the Special (Emergency) Meeting of Heads of Government of the Caribbean Community, The Bahamas, 11–12 Oct 2001.
14 P Kerr, ‘Iran, EU Struggle to Start Nuclear Talks’, Arms Control Today, Oct 2006, 24.
15 Commission of the European Communities (CEC), Communication from the Commission: A New Partnership With South East Asia, COM(2003) 399, 13.
16 Council of the European Union, Council Decision on the signing, on behalf of the European Community, of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part, 6786/02, AL 1, 12 Apr 2002. See especially the Eighth recital to the preamble as well as Art 90.
17 Council of the European Union, Euro-Mediterranean Agreement Establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt of the Other Part, Luxembourg, 25 June 2001, Art 59.
18 The Barcelona Declaration, adopted at the Euro-Mediterranean Conference, 27–28 Nov 1995.
19 CEC, Communication from the Commission to the Council and the European Parliament, Wider Europe—Neighborhood: A New Framework for Relations with our Eastern and Southern Neighbors, Brussels, COM(2003)104 final, 11 Mar 2003, 12–13.
20 There are 63 LDCs. Amongst the 63 LDCs 44 are ACP States. Of these, 38 are from Africa.
21 See Declaration XI: Community Declaration on Article 11(a) of the Cotonou Agreement, CPA II. See also, S Kingah, ‘The Revised Cotonou Agreement between the European Community and the African, Caribbean and Pacific states: Innovations on security, political dialogue, transparency, money and social responsibility’ (2006) Journal of African Law 59, 61.
22 N Gnesotto and G Grevi, The New Global Puzzle: What Role for the EU in 2025? (Institute for Security Studies, Paris, 2006) 135; S Ellis, ‘Briefing: The Pan-Sahelian Initiative’ (2004) 103 African Affairs 459, 462–3.
23 B Hoffman, ‘From the War on Terror to Global Counterinsurgency’ Current History (Dec 2006) 426 (revealing that 70 per cent of all suicide terrorist incidents perpetrated between 1968 and 2004 occurred after 11 September 2001); P Neumann, ‘Can terrorists be tamed?’ International Herald Tribune, 11 Jan 2007, 6.
24 Peers (n 9) 237.
25 Council of the European Union (CEU), European Security Strategy: A Secure Europe in a Better World (12 Dec 2003) 3. It should be noted that the US National Security Strategy of 2002 includes terrorism as a major threat to international peace and stability: The White House, The National Security Strategy of the United States of America (Sept 2002) 5. In its major piece of legislation dealing with trade and development cooperation with African countries (The African Growth and Opportunity Act, AGOA), the US Government makes it clear that one of the conditions of eligibility is the commitment to fight terrorism: The One Hundred and Sixth Congress of the United States of America, at the Second Session (Monday, 24 Jan 2000) in the City of Washington, HR 434, s 104(a)(2)(3) (as amended and extended by President George Bush in 2004).
26 European Security Strategy, 3.
27 G de Vries (n 9) 4. On the recent challenges that have been faced by the EU's anti-terrorism coordinator (G de Vries), see H Mahony, ‘EU anti-terror coordinator to step down’, euobserver.com, 12 Feb 2007.
28 Wright (n 9) 287.
29 C Whitlock, ‘Europe terror threat rises’, The Wall Street Journal, 22–26 Dec 2006, 8.
30 S Tisdall, ‘Battle for hearts in Africa's bandit country’, Guardian Weekly, 10–16 Mar 2006, 2; M Bryden, ‘Can Somalia Salvage Itself’, Current History (May 2006), 225–8, 226; A England, ‘Somali crisis fans fears of regional conflict’, Financial Times, 27 Oct 2006, p. 3; M Turner and A England, ‘UN report names countries sending illicit arms to Somalia, Financial Times, 15 Nov 2006, 5; S Healy, ‘Danger Zone’, World Today, 30 Nov 2006, 11; M Turner and A England, ‘US seeks forces for Somalia’, Financial Times, 1 Dec 2006, 2; I Wallerstein, ‘Ethiopia rides the tiger’, International Herald Tribune, 24 Jan 2007, 8.
31 Ellis (n 22) 460.
32 See J Cilliers, ‘Terrorism and Africa’ (2003) 12 African Security Review 91, 99; R Falk, ‘Regionalism and World Order: The Changing Global Setting’, in F Söderbaum and T Shaw (eds), Theories of New Regionalism (Palgrave Macmillan, Basingstoke, 2003) 68; K Shillinger, ‘After London: Reassessing Africa's Role in the War on Terror’, American Enterprise Institute for Public Policy Research (September 2005) 5; ‘What next?’ The Economist, 20 Jan 2007, 46.
33 K Annan, ‘A Global Strategy for Fighting terrorism’, Keynote address to the closing plenary of the International Summit on Democracy, Terrorism and Security, Madrid, 10 Mar 2005.
34 M O'Hanlon, ‘What if a Nuclear-Armed State Collapsed?’ Current History (Nov 2006) 379, 383.
35 Annan (n 33).
36 The goal of poverty reduction is included in Art 1 of the CPA I.
37 United Nations Treaties Series (UNTS) vol 2149, I-37517. On the EU side the signatories include Austria, Cyprus, Czech Republic, France, Slovakia, Spain, and the United Kingdom. The ACP States that have signed are Botswana, Guinea, Sudan, and Trinidad and Tobago. Only Botswana and Trinidad and Tobago have ratified the text.
38 UNTS vol 2178, I-38349. France, Malta, the Netherlands, and the United Kingdom have signed (but not ratified) the convention. In the ACP camp Antigua and Barbuda, Botswana, Granada, Lesotho, Palau, St. Kitts, and Nevis have signed. Only Granada has ratified the treaty.
39 OAU Convention on the Prevention and Combating of Terrorism, Algiers (14 July 1999).
40 Council Regulation 2580/2001 [2001] OJ L 344/70.
41 Monar (n 9) 427.
42 Art 2 of the CPA I.
43 See Wright (n 9) 295–6.
44 De Vries (n 9) 3. On the need for this approach to be as consistent as it should be comprehensive, see K Arts, ‘Political Dialogue in a “New” Framework’, in O Babarinde and G Faber (eds), The European Union and the Developing Countries (Koninklijke Brill BV, Leiden, 2005) 155, 174. See also J-F Bayart, ‘Commentary: Towards a New Start for Africa and Europe’ (2004) 103 African Affairs 453, 453; J Harrison, ‘Incentives for Development: The EC's Generalized System of Preferences, India's WTO challenge and reform’ (2005) 42 Common Market Law Review 1663, 1666–8.
45 [2002] OJ L 164/4.
46 [2002] OJ L 164/4, Art 1(1)(a)–(d), respectively. The remaining sub-paragraphs relate, inter alia, to (e) seizure of aircraft, ships or other means of public transport; (f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons; (g) release of dangerous substances, or causing fires, floods or explosions which have the effect of endangering human life; (h) interfering with or disrupting the supply of water, power or any other fundamental natural resource which have the effects of endangering human life. Art 1(i) provides that the threat of committing any of the acts mentioned in Art 1(1)(a)–(h) will be regarded as terrorist offence.
47 ibid.
48 E Guild, ‘International Terrorism and EU Immigration, Asylum and Borders Policy: The Unexpected Victims of 11 September 2001’ (2003) 8 European Foreign Affairs Review 331, 339.
49 Wouters and Naert (n 9) 927.
50 The documents include Convention for the Suppression of Unlawful Seizure of Aircraft, The Hague, 16 Dec 1970 UNTS 12325 (1973); Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Montreal, 23 Sept 1971 UNTS vol 974, I-14118 (1975); Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents adopted by the General Assembly of the United Nations, 14 December 1973 UNTS vol 1035, I-15410 (1977); International Convention Against the Taking of Hostages, adopted by the General Assembly of the United Nations, 17 Dec 1979 UNTS vol 1316, I-21931 (1983); Convention on the Physical Protection of Nuclear Material, Vienna, 3 March 1980 UNTS vol 1456, I-24631 (1987); Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Montreal, 24 Feb 1988 UNTS vol. 1589, A-14118 (1990); Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, Rome, 10 Mar 1988 UNTS vol 1678, I-29004 (1992); Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, Rome, 10 Mar 1988 UNTS vol 1678, 29004 (1992); International Convention for the Suppression of Terrorist Bombings adopted by the General Assembly of the United Nations, 15 Dec 1997 <http://untreaty.un.org/English/Terrorism/Conv11.pdf>; International Convention for the Suppression of the Financing of Terrorism adopted by the General Assembly of the United Nations, 9 Dec 1999 <http://untreaty.un.org/English/Terrosrism/Conv12.pdf>; International Convention for the Suppression of Acts of Nuclear Terrorism, 13 Apr 2005 <http://untreaty.un.org/English/Terrorism/English_18_15.pdf>.
51 UNTS 12325, Art 3(2), 108.
52 Above, n 50.
53 See all but the last two documents cited, above n 50.
54 Emphasis added.
55 eg see United Nations Security Council (UNSC) Resolution 1269 (1999) 19 Oct 1999 S/RES/1269 (1999); UNSC Resolution 1368 (2001) 12 Sept 2001 S/RES/1368 (2001); UNSC Resolution 1373 (2001) 28 Sept 2001 S/RES/1373 (2001); UNSC Resolution 1566 (2004) 8 Oct 2004 S/RES/1566.
56 Report of the Secretary General's High-Level Panel on Threats, Challenges and Change, A More Secure World: One Shared Responsibility (UN Department of Public Information, New York, 2004) (HLP Report).
57 Emphasis added.
58 UNSC Resolution 1566 (2004) para 3.
59 For instance see UNSC Resolution 1269 (2001) para 1.
60 HLP report (n 56) para 160.
61 ibid.
62 ibid.
63 ibid para 164(d).
64 Interview: G de Vries, ‘Europe Today’, BBC World Service, 16 Feb 2007.
65 See Kingah (n 21) 62.
66 Cilliers (n 32) 93.
67 See Annan (n 33). For an Authoritative View on the Current State of International Rules on State Responsibility, see J Crawford, The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (CUP, Cambridge, 2002); Antonio Cassese, International Law (OUP, Oxford, 2005) 243–5.
68 See Guild (n 48) 345. See also, R Abrahamsen, ‘A Breeding Ground for Terrorists? Africa and Britain's “War on Terrorism” (2004) 102 Review of African Political Economy 677, 680; Bayart (n 44) 456–7; A Husarka, ‘Trapped in the desert by a bad law’, International Herald Tribune, 24 Jan 2007, 8.
69 Peers, ‘EU's responses to terrorism’, 243; R Dworkin, ‘Do not sacrifice principle to the new tyrannies’, Financial Times, 9 Oct 2006, 13.
70 CEC, Cooperation Agreement Between the European Community and the Islamic Republic of Pakistan on Partnership and Development, Islamabad (24 Nov 2001).
71 Euro-Mediterranean Agreement Establishing an Association between the European Communities and their Member States of the one part, and the Hashemite Kingdom of Jordan, of the other part [2002] OJ L 129/3.
72 Interim Agreement on Trade and Trade-Related Matters between the European Community, of the one part and the Republic of Lebanon of the other [2002] OJ L 262/2.
73 cf Political Dialogue and Cooperation Agreement Between the European Community and its Member States of the one part, and the ANDEAN Community and its Member Countries of the other part (Dec 2003) Art 50.
74 OAU Convention.
75 Annan (n 33).
76 UNSC Resolution 1566 (2004) para 10.
77 PN Lymann and JS Morrison, ‘The Terrorist Threat in Africa’, Foreign Affairs (Jan/Feb 2004) 84.
78 Monar (n 9) 430.
79 R Goldirova, ‘MEPs roast EU states and Solana for “lies” on CIA’, euobserver.com, 23 Jan 2007. On tensions in terms of the adoption of decisions at the EU level and implementation at the national level, see Wouters and Naert, ‘Of Arrest Warrants’ 911. Cf, Mark Beunderman, ‘EU ministers agree to share DNA and fingerprint data’, euobserver.com, 15 Jan 2007.
80 Wright (n 9) 288.
81 cf Shillinger (n 32) 4. Also note the link that has been made between Al-Qaeda leader, Osama Bin Laden, and the former Sudanese statesman, H Turabi in M Taylor and ME Elbushra, ‘Hassan al-Turabi, Osama bin Laden, and Al Qaeda in Sudan’ (2006) 18 Terrorism and Political Violence 449, 454, 455–60.
82 CEC, EU Strategy for Africa: Towards a Euro-Africa Pact to accelerate Africa's development, COM(2005)489 final, Brussels, 12 Oct 2005.
83 For a similar contention, see GR Olsen, ‘The Post-September 2001 Security Agenda: Have the European Union's Policies on Africa been Affected?’ in G Bono (ed), The Impact of 9/11 on European Foreign and Security Policy (VUB Press, Brussels, 2006) 153, 174.
84 Regarding the recent bombings for which the group claimed responsibility, see “Bomb attacks hit Algerian police,” BBC News, 13 Feb 2007.
85 F Aggad, ‘Case study: Challenging terrorism in North Africa’ <http://www.accord.org.za>38, 41.
86 The Barcelona Declaration, adopted at the Euro-Mediterranean Conference, 27–28 Nov 1995.
87 Art 11(b)(1) of the CPA II.
88 Art 11(b)(2) of the CPA II.
89 Art 11(b)(4)–(6) of the CPA II.
90 Under the CPA I allocations regarding the financial resources provided for in the EDF are divided into programmable money known as ‘envelop A’ and non-programmable money termed ‘envelop B.’ While envelop A is used for long-term multi-annually funded projects (often for five years), envelop B is used for unforeseen contingencies that an ACP country or region may face. At the moment of writing the parties are completing the programming schedules as well as Country and Regional Strategy papers for the 10th EDF. The strategy papers outline the manner in which the money that is allocated to the country or region will be spent for a period of five years. During and at the end of the five year period mid-term and end-of-term reviews are conducted. On implementation and management procedures, see Annex IV, Chs 1 and 2 of the CPA I.
91 See EU Factsheet, EU Strategy Against the Proliferation of Weapons of Mass Destruction, published by the European Union on the occasion of EU–US Summit, Drommoland Castle, Ireland, 26 June 2004 (EU Factsheet) 1.
92 Report of the Secretary General's High Level Panel on Threats, Challenges and Change, A More Secure World: Our Shared Responsibility (United Nations, NY, 2004) 39–46.
93 EU Factsheet (n 91).
94 For a policy-based description of EU's position on WMDs, see Darryl Howlett and John Simpson, ‘Nuclear non-proliferation—How to Ensure an Effective Compliance Mechanism’, in B Schmitt (ed), Effective Non-proliferation: The European Union and the NPT Review Conference, 77 Chaillot Paper (ISS, Paris, 2005) 9–26.
95 Council of the European Union, Council Joint Action establishing a European Union Cooperation Program for Non-Proliferation and Disarmament in the Russian Federation [1999] OJ L 331/11 (1999/878/CFSP), 17 Dec 1999, Arts 2(1)(a) and 4(1).
96 G Allison, ‘The Ongoing Failure of Imagination’, Bulletin of the Atomic Scientist (Sept/Oct 2006) 36, 36; MB Maerly, A Schaper and F Barnaby, ‘Characteristics of Nuclear Terrorist Weapons’ 46 American Behavioral Scientist (Feb 2003) 727, 728; Z Yunhua, ‘Preventing Nuclear Terrorism: A View from China’, 13 Nonproliferation Review (July 2006) 253, 253–4. Cf WW Arkin, ‘The Continuing Misuses of Fear’, Bulletin of the Atomic Scientist (Sept/Oct 2006) 42, 43; M Schroeder and R Stohl, ‘Small Arms, Large Problem: The International Threat of Small Arms Proliferation and Misuse’, Arms Control Today (June 2006) 23 (arguing that the world needs to pay greater attention to the dangers posed by small arms given that about 50 per cent of documented terrorist attacks in 2003 were carried out by small arms).
97 The EUSS, ‘A Secure Europe’, 3. See also, De Vries (n 9) 6.
98 Former US Director of National Intelligence (John Negroponte) has noted that ‘intelligence reporting indicates that nearly 40 terrorists organizations, insurgencies, or cults have used, possessed, or expressed an interest in chemical, biological, radiological, or nuclear agents or weapons’; cf Arkin (n 96) 43.
99 MG Desta, ‘EC–ACP Economic Partnership Agreements and WTO Compatibility: An Experiment in North-South Inter-Regional Agreements’ (2006) 43 Common Market Law Review 1343, 1344.
100 Arts 36–8 of the CPA I.
101 ‘Are there nuclear materials missing in the Congo?’ Foreign Policy Association, 27 Feb 2005.
102 UNTS (1970) 169.
103 Art 1 on the objectives of the CPA I states that one of the main goals of the agreement is to ‘promote and expedite the economic, cultural and social development of the ACP States …’.
104 Emphasis added.
105 Art 11(b)(6) of the CPA II.
106 CEC, Cooperation Agreement Between the European Community and the Islamic Republic of Pakistan on Partnership and Development, Islamabad, 24 Nov 2001, Annex I (b); EC–Russia Partnership and Cooperation Agreement [1997] OJ L 327/3, Joint Declaration on Art 107(2).
107 See Kingah (n 21) 62.
108 Cooperation Agreement between the European Community and the Republic of India on Partnership and Development, OJ L223/24, 27 Aug 1994.
109 CEC, Cooperation Agreement Between the European Community and the Islamic Republic of Pakistan on Partnership and Development, Islamabad, 24 Nov 2001.
110 K Butler, S Salama, and LS Spector, ‘Where is the Justice?’ Bulletin of the Atomic Scientists (Nov/Dec 2006) 25, 26.
