Small Island Differentiation in EU Law

• Main Author: Arndís Kristjánsdóttir 1969-
• Other Authors: Háskóli Íslands
• Format: Thesis
• Language: English
• Published: 2010
• Subjects: Lögfræði; Evrópuréttur; Evrópusambandið; Smáþjóðir; Eyjar; Indian; Iceland
• Online Access: http://hdl.handle.net/1946/6354

The principle of uniformity in the application of European Union (EU) policy and law has long been institutionally asserted as one of its foundations. Referred to as the acquis communautaire, roughly translated from the French as “that which has been acquired by the Union”, it is the term for the accumulated legislation, and judicial decisions which constitute the body of EU law and to which immediate and complete compliance is requisite of incoming Member States. The EU, also referred to as the Union, includes a multitude of Member State small islands and other islands in the Mediterranean, Baltic, North and Caribbean Seas, and in the Atlantic and Indian Oceans. With the accession of Malta and Cyprus and with Iceland’s application for accession, the EU now incorporates two, and the possibility of three, sovereign small island states. It has been recognized by various economists and by Member State declarations that small islands face unique challenges due to inherent geographical and demographic constraints including distance from the continent, isolation, small size and limited population density and therefore merit special and differential treatment to effectively function and interact on a par with larger states. Iceland, an island with a very small population, is the least populated EU candidate nation to date. It is in the remote North Atlantic and only a small portion of its territory is considered arable. Its export base is largely based on natural resources; fisheries products and industry powered by renewable energy sources. Notwithstanding the precept of acquis communautaire, the Lisbon Treaty contains several instances of special statuses whereby small islands are allowed accrued differentiated treatment from that afforded to other Member States. These are found in Accession Treaties and related annexes and give rise to primary and secondary law differentiation. Additionally, the Lisbon Treaty incorporates a general provision where islands in general are deemed as requiring specific consideration ...