Colonialism and the EU Legal Order

doi:10.1017/9781009508490

This book shows how Europe's history of colonialism has shaped the development of the EU legal order. It offers an account of the impact European colonialism has had on the application of law, on the methods of actors, the workings of institutions, and on changes in EU membership over time. Using different case studies, the sixteen chapters of this book address questions concerning how colonial continuities in EU law can be identified; how to understand the present application of EU law through the history of colonialism; and how Europe's colonial history casts new light on EU legal theory and concepts. This book is intended to sharpen analysis of the history, as well as of the present and future application of EU law. This title is also available as open access on Cambridge Core.

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Contents

Colonialism and the EU Legal Order
pp i-i
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Law in Context - Series page
pp ii-vi
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Colonialism and the EU Legal Order - Title page
pp vii-vii
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Copyright page
pp viii-viii
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Contents
pp ix-x
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Contributors
pp xi-xii
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Acknowledgements
pp xiii-xiii
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Table of Cases (In Chronological Order)
pp xiv-xv
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Table of Treaties, Instruments, and Legislation (In Chronological Order)
pp xvi-xx
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Chapter 1 - Colonialism and the EU Legal Order
pp 1-40
An Introduction
- By Hanna Eklund
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Part I - Law
pp 41-228
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Chapter 2 - Reciprocity and Direct Effect
pp 43-61
Yaoundé and Trade Integration
- By Marise Cremona
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Chapter 3 - The Common Agricultural Policy and Southern Rivalries
pp 62-80
The Case of Algerian Wine
- By Daniela Caruso
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Chapter 4 - Racializing the European Border
pp 81-111
Free Movement of Workers and the (Former) Colonies
- By Karim Fertikh
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Chapter 5 - Discrimination Based on Race
pp 112-133
The Story of Moroccan SNCF Workers in France
- By Lionel Zevounou
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Chapter 6 - Rethinking EU Social and Labour Law through Racial Capitalism
pp 134-163
- By Diamond Ashiagbor
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Chapter 7 - Towards Monetary Sovereignty
pp 164-176
The Colonial History of the CFA Franc and How to Transition to the Eco
- By Kako Nubukpo
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Chapter 8 - Europe’s Refugee ‘Crises’ and the Colonial Legacies in EU Migration and Asylum Law
pp 177-201
- By Veronica Corcodel
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Chapter 9 - From Political to Migration-Based Conditionality in EU Development Policy
pp 202-228
‘Plus ça change, plus c’est la même chose’
- By Janine Silga
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Part II - Actors
pp 229-264
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Chapter 10 - ‘We Must Pretend to Follow the Laws’
pp 231-246
The Colonial Artists of EEC Development Policy
- By Véronique Dimier
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Chapter 11 - Colonial-Era Mixed Courts, Early Euro-Lawyers, and EU Law as Constitutional Law
pp 247-264
- By Michel Erpelding
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Part III - Exits
pp 265-342
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Chapter 12 - Algeria and the European Union
pp 267-285
From Exit to Challenges of Continuity
- By Amel Benrejdal Boudjemaa
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Chapter 13 - ‘Eurarctic’
pp 286-313
Colonialism and EU–Greenland Relations
- By Ulla Neergaard
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Chapter 14 - The Land of Many Laws
pp 314-342
Brexit and the Legacy of Colonialism in Northern Ireland
- By Stephen Coutts
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Part IV - Futures
pp 343-372
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Chapter 15 - The Missing View from the Cathedral
pp 345-358
European Law during and after Colonies and Empires
- By Antoine Vauchez
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Chapter 16 - Decolonizing Research and Teaching in EU Law
pp 359-372
Purpose, Principles and Practice
- By Iyiola Solanke
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Index
pp 373-388
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