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The EU and its Member States’ Joint Participation in International Agreements

The EU and its Member States’ Joint Participation in International Agreements
Author: Nicolas Levrat
Publisher: Bloomsbury Publishing
Total Pages: 366
Release: 2022-02-24
Genre: Law
ISBN: 1509945881

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EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.


The EU and its member states' joint participation in international agreements

The EU and its member states' joint participation in international agreements
Author: Nicolas Levrat
Publisher: Hart Publishing
Total Pages:
Release: 2021
Genre: Constitutional law
ISBN: 9781509945900

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"EU law has developed a unique and complex system under which the Union and its member states can both act under international law. Ultimately though, international law was not set up to deal with complex and hybrid arrangements, leading to confusion: a situation which no doubt will be further complicated by the UK's status after Brexit. This book looks at how EU law has learned to cope with the constraints of international law when dealing this joint participation. In an innovative scholarly approach, its methodology mirrors this duality with each chapter being written by a team of 2 authors. This offers a unique dual perspective on long debated questions. Anchored by this strong organising framework, the essays look at questions of: constitutional law, international law, joint participation and joint agreements. The collection is timely, as the a unique and complex system under which the Union and its member states can both act under international law is facing new challenges, not least in the face of Brexit."--


The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences

The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences
Author: Plarent Ruka
Publisher: Springer
Total Pages: 289
Release: 2017-05-11
Genre: Law
ISBN: 331957177X

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This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.


Mixed Agreements Revisited

Mixed Agreements Revisited
Author: Christophe Hillion
Publisher: Bloomsbury Publishing
Total Pages: 418
Release: 2010-05-14
Genre: Law
ISBN: 1847315801

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Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.


The Boundaries of the EU Internal Market

The Boundaries of the EU Internal Market
Author: Marja-Liisa Öberg
Publisher: Cambridge University Press
Total Pages: 377
Release: 2020-11-05
Genre: Law
ISBN: 1108603645

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The book examines the twofold 'boundaries' of the concept of the European Union's internal market – the geographical and the substantive – through the prism of expanding the internal market to third countries without enlarging the Union. The book offers a comprehensive analysis of the conditions under which the internal market can effectively be extended to third countries by exporting EU acquis via international agreements without sacrificing its defining characteristics. Theoretical rather than empirical in approach, the book scrutinises and meticulously questions the required level of uniformity within flexible integration relating to the substantive scope of the internal market, the role of foundational principles in the European Union's market edifice, and the institutional framework necessary for granting third country actors full participation in the internal market while safeguarding the autonomy of the Union's legal order.


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.


Foreign Affairs and the EU Constitution

Foreign Affairs and the EU Constitution
Author: Robert Schütze
Publisher: Cambridge University Press
Total Pages: 557
Release: 2014-10-16
Genre: Law
ISBN: 1107037662

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A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs.


EU External Relations Law

EU External Relations Law
Author: Stefan Lorenzmeier
Publisher: Springer Nature
Total Pages: 287
Release: 2021-01-26
Genre: Law
ISBN: 3030628590

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The book covers contributions from 18 authors from different countries and analyses the recent case law of the ECJ on the external competences of the European Union. It deals with the impact of EU values on its relations with the Eastern neighbouring countries. The first part focuses on the evolution and current challenges of the external actions of the European Union, while the second part presents the EU cooperation with its Eastern neighbourhood and Eurasia. The book addresses the Association Agreements with the countries of the Eastern Partnership with its Eastern neighbourhood and Eurasia, the enhanced Partnership Agreements in the Eastern neighbourhood and post-Soviet area, and the current and future contractual relations with Eurasian Economic Union and its member states.


The Participation of the EU in International Dispute Settlement

The Participation of the EU in International Dispute Settlement
Author: Luca Pantaleo
Publisher: Springer
Total Pages: 176
Release: 2018-10-22
Genre: Law
ISBN: 9462652708

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The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.


Research Handbook on the European Union and International Organizations

Research Handbook on the European Union and International Organizations
Author: Ramses A. Wessel
Publisher: Edward Elgar Publishing
Total Pages: 720
Release: 2019
Genre:
ISBN: 1786438933

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Over the years, the European Union has developed relationships with other international institutions, mainly as a result of its increasingly active role as a global actor and the transfer of competences from the Member States to the EU. This book presents a comprehensive and critical assessment of the EU’s engagement with other international institutions, examining both the EU’s representation and cooperation as well as the influence of these bodies on the development of EU law and policy.