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Thursday 25 February 2010

A Falklands wrinkle - EU related

Katabasis has an interesting wrinkle on the latest Argentinian sabre rattling over the Falklands.
"EU law, as ensrhined in the Lisbon Treaty amendments. Of interest in particular is Article 42, Section 7 of the Lisbon amended Maastricht treaty. It states:


"If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power".



And the note in the document accompanying this - in case you weren't already clear on what it meant - states: "Mutual assistance clause for ALL member states in case of an armed aggression."

Having read carefully through all of the consolidated treaties, (Part 2 (Part 1 is here) of my analysis is still in progress - the amendments to the Rome/Amsterdam treaty are far more numerous to those to Maastricht, its going to be a monster piece), what is striking about these sections is the clarity of the language. There are so many places in the treaties where matters are left - I believe intentionally - vague, so as to be amenable to whatever sort of spin the EU wishes to put on them at the time, it is noticable when the treaty suddenly expresses things in crystal clear clarity.

If you read all of the complementary sections (articles 34 up to 42 regarding security issues, and for extra clarity, Articles 24 onwards regarding foreign policy) you will see just how specific the clauses are. When I initially read them (as you can see from my reaction in my earlier analysis), it was from the point of view of the U.K. having to do all of the heavy lifting with regards to a conflict with which - prior to the rise of the EU's power - it would have had no interest in pursuing. Now the tables are turned.

My major point here is that if Argentina attacks, this single issue will call the EU's bluff - and at a potentially far more significant level than current concerns over the status of the Euro.

So who is going to tell the Irish or the French that in signing Lisbon, they might now be shortly committed to sending troops to South America to defend British territory? "
Interesting...

1 comment:

Grant said...

Excellent point. I bet the EU never envisaged this possibility, but you can be sure the other countries will wriggle out.