The law and politics of arms export control and European defense cooperation under German, EU and international law (Übungsseminar) - Einzelansicht

For a long time, Germany has been ranking high on the list of arms exporting states. In recent years, exports to Saudi Arabia, Ukraine, and Israel raised attention to the legal framework governing arms trade. In reaction to geopolitical challenges and in particular the war in Ukraine, EU member states and institutions are trying to build a common industrial base in armaments and other military goods. In this seminar, we will explore the political background and legal framework of arms trade, arms export control and defense cooperation in Europe from the perspective of German administrative and constitutional law, EU and international law.

Students enrolled in Schwerpunktbereiche 4 and 6 can receive a Probeseminarschein. Those enrolled in the International Legal Studies programs can obtain a certificate for their respective program as well. The seminar is open to students of law and political science.

Seminar papers can be written on the following topics, inter alia:

1. Arms trade and the laws of war: Can a state supplying weapons to a belligerent party become a co-party at war under the jus ad bellum or jus in bello?
2. Legal framework and political feasibility of UN, EU and other arms embargos
3. Art. 6 and 7 of the Arms Trade Treaty and its relationship with the prohibition on the use of force, International Humanitarian Law and International Human Rights Law
4. The role of NATO, EU and informal settings like the so-called Ramstein format in coordinating military support to Ukraine: institutional setting, legal framework, judicial control
5. The preliminary orders in the ICJ case South Africa v. Israel for arms export to Israel: political and / or legal implications?
6. Rules for the export of EU common defence projects (like the Future Combat Air System or the Euro drone): regulatory framework, legal and political challenges
7. EU Common Position on the export of military goods: Historical background, content, legal status and judicial control
8. Towards a common market of defense goods? The framework of EU legislation for arms trade among EU member states
9. Arms export control regimes in Europe: constitutional comparison between the systems in France and Germany
10. The EU and the military support of Ukraine since February 2022: EDIRPA, ASAP, European Peace Facility i.a. – analysis from the viewpoint of EU constitutional law
11. The institutional framework of arms export decisions, in particular the constitutionality of the Federal Security Council under Art. 26 (2) German Basic Law
12. The role of Parliament in control of arms export decisions and employments of the armed forces: a comparison under German constitutional law
13. The role of courts in the control of the export of dual use goods, war weapons and military equipment: full control or judicial self-restraint?
14. Extraterritorial reach of human rights: Scope and judicial control with regard to arms exports
15. Public interest litigation by NGOs with regard to arms export licenses? Comparative experiences from other countries, arguments in favor and against the introduction of public interest litigation with regard to arms export licenses into the German system of arms control

You are welcome to approach me with your own ideas for other research topics. Please register and sign up for research topics in the secretariat (room 1.49) or via email to Tim Niendorf (tim.niendorf@uni-jena.de) starting now. Please also register in Friedolin to get access to the course material on Moodle once course applications are open.

We will have a first introductory meeting on Monday, October 21, at 2 p.m. (room to be announced).

The seminar will be taught in blocked form in December 2024.