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Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States

Mixed Agreements as a Technique for Organizing the International Relations of the European Community and its Member States
Author: Joni Heliskoski
Publisher: BRILL
Total Pages: 345
Release: 2021-08-30
Genre: Law
ISBN: 9004480862

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This volume provides the most comprehensive account to date of the foundations, evolution, and nature of the treaty-making practice, known as the practice of mixed agreements, whereby the European Community and its Member States enter into international agreements with one or more other subjects of international law. Covering policy areas from external economic relations to the environment, from development cooperation to the law of the sea, the practice of mixed agreements occupies a highly prominent position in the external relations of the EU. Rather than focusing upon any particular agreement or subject area, the book seeks to identify, through analysis of the respective interests of the Community, the Member States and other parties, as they are reflected in actual practice, the general parameters for the conclusion and application of mixed agreements. The basic thesis defended is that there are mediating strategies whereby mixed agreements can be turned into an effective technique for manifesting the Community's position in external relations whilst nevertheless safeguarding the vital interests of the Member States and the other, non-EC parties. Rather than a `necessary evil', mixed agreements should be regarded as a natural way of organizing the international relations of the EC and its Member States. Of individual treaties, the most thorough examination is made of the Community and the Member States' participation in the Law of the Sea Convention, the Food and Agriculture Organization of the UN (FAO), as well as the Agreement establishing the World Trade Organization (WTO). As regards the WTO, for instance, the book offers a comprehensive account of the dispute settlement practice under the GATS and TRIPS Agreements.


EU External Relations Post-Lisbon

EU External Relations Post-Lisbon
Author:
Publisher: BRILL
Total Pages: 469
Release: 2020-07-13
Genre: Law
ISBN: 900442198X

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The volume brings together academics and practitioners from across the EU to address the question of ‘facultative mixity’ in the EU’s external relations, i.e. the situation whereby both the EU and its Member States enter into an international agreement with a third country even if legally the EU could act on its own.


EU External Relations Law

EU External Relations Law
Author: Graham Butler
Publisher: Bloomsbury Publishing
Total Pages: 1048
Release: 2022-06-02
Genre: Law
ISBN: 1509939717

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Marking the 50th anniversary of the influential ERTA doctrine, this book analyses and contextualises the entire breadth of the jurisprudence of EU external relations law through a systematic, case-by-case account of the field. The entire framework of EU external relations law has been built from the ground up by the jurisprudence of the Court of Justice of the European Union. At the beginning of the field's emergence, the legal questions to be answered concerned the division of powers and competence between, firstly, the Member States and that of the Union; and secondly, the division of powers and competence between the different institutions of the Union. Questions on such matters continue to be asked, but more contemporarily, new legal questions have arisen that have been in need of adjudication, including questions concerning the autonomy of Union law; the relationship between the Union and other international organisations; the relationship between Union law and international law; the scope and breadth of international agreements; amongst others. The book features established academic scholars, judges, agents of institutions and Member States, and legal practitioners in the field of EU external relations law, analysing over 90 cases in which the Court has legally shaped the theory and practice of the external dimension of legal Europe.


External Relations Law of the European Community

External Relations Law of the European Community
Author: Rass Holdgaard
Publisher: Kluwer Law International B.V.
Total Pages: 524
Release: 2008-03-05
Genre: Law
ISBN: 9041130446

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External Relations Law of the European Community begins by noting two common characteristics of legal analyses in the field of EU external relations. First, most legal analyses assume that EC external relations law cannot be studied or applied without a constant awareness of the underlying political dynamics. Yet, the same analyses fail to explain how these ‘dynamics’ are to be understood, assessed and systematically applied. Second, most legal analyses tend to focus only on narrow segments of the ECJ’s case law, often taking as their points of departure individual cases or a group of topically related cases. This ‘commentary’ approach disregards the general inter-connectedness of legal structures and the recurring meaning configurations in the field. Against this backdrop, the author sets out to strengthen the legal language – both theoretically and practically - in the field of EC external relations. The first two parts of the book provide, with extensive references, an in-depth legal analysis of a wide range of topics pertaining to: the distribution between the EC and the Member States of norm-setting authority in their external relations, i.e. the rules that determine what the EC and the Member States can do (individually or together) in international relations; and the reception and application of rules of international law within the Community area, including the way in which international law enters Community law. In these parts of the book, the aim is to reconstruct the core areas of the Community’s external relations law in a coherent and systematic manner. In the third part of the book, the author develops and applies a theoretical and methodological framework inspired by discourse analysis. This novel approach is used to identify and describe some of the most significant legal discourses in EC external relations


EU Foreign Investment Law

EU Foreign Investment Law
Author: Angelos Dimopoulos
Publisher: Oxford University Press
Total Pages: 414
Release: 2011-12-08
Genre: Business & Economics
ISBN: 0199698600

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Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.


An Introduction to International Organizations Law

An Introduction to International Organizations Law
Author: Jan Klabbers
Publisher: Cambridge University Press
Total Pages: 423
Release: 2022-03-10
Genre: Law
ISBN: 1108842208

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Provides a framework for understanding how organizations are set up and the logic behind international organizations law.


The Role of the State in Investor-State Arbitration

The Role of the State in Investor-State Arbitration
Author: Shaheeza Lalani
Publisher: Martinus Nijhoff Publishers
Total Pages: 506
Release: 2015-01-08
Genre: Law
ISBN: 9004282254

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Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.


International Responsibility Today

International Responsibility Today
Author: Maurizio Ragazzi
Publisher: BRILL
Total Pages: 548
Release: 2005-05-01
Genre: Law
ISBN: 9047407709

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This work covers different aspects of the law of international responsibility, from general issues to specific areas of the law (including responsibility before international courts and tribunals), with respect to both the law of State responsibility and responsibility of international organizations and other non-State actors.


The Principle of Loyalty in EU Law

The Principle of Loyalty in EU Law
Author: Marcus Klamert
Publisher:
Total Pages: 354
Release: 2014
Genre: Law
ISBN: 0199683123

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The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.