The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences PDF Download
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Author | : Plarent Ruka |
Publisher | : Springer |
Total Pages | : 315 |
Release | : 2017-05-11 |
Genre | : Law |
ISBN | : 331957177X |
Download The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences Book in PDF, ePub and Kindle
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.
Author | : Emilija Leinarte |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1108981232 |
Download Functional Responsibility of International Organisations Book in PDF, ePub and Kindle
This book provides a novel approach to the allocation of international responsibility in a multilayered structure like the European Union. Introducing a new concept of functional international responsibility, this study finds that in international economic law the focus of international dispute settlement bodies is not on the responsible party, but on a party best placed to bear responsibility. The book offers a comprehensive analysis of international rules of responsibility and international dispute settlement practice, primarily that of the World Trade Organization and investment arbitration. The study offers a practically applicable approach to questions of international responsibility which will assist international adjudicators, EU and Member States' officials and third country government agents who negotiate economic agreements and are involved in international economic disputes. The book is also relevant to those interested in the governance and accountability questions under the new EU-UK Trade and Cooperation Agreement.
Author | : Rachel Frid |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 450 |
Release | : 1995-10-25 |
Genre | : Political Science |
ISBN | : 9789041101556 |
Download The Relations Between the Ec and International Organizations Book in PDF, ePub and Kindle
Samenvatting.
Author | : Fabian Bickel |
Publisher | : Springer Nature |
Total Pages | : 312 |
Release | : 2021-10-15 |
Genre | : Law |
ISBN | : 3030863123 |
Download Customs Unions in the WTO Book in PDF, ePub and Kindle
How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.
Author | : Nanette A. Neuwahl |
Publisher | : BRILL |
Total Pages | : 351 |
Release | : 2021-09-27 |
Genre | : Law |
ISBN | : 9004482423 |
Download The European Union and Human Rights Book in PDF, ePub and Kindle
Author | : Nicolas Levrat |
Publisher | : Bloomsbury Publishing |
Total Pages | : 366 |
Release | : 2022-02-24 |
Genre | : Law |
ISBN | : 1509945881 |
Download The EU and its Member States’ Joint Participation in International Agreements Book in PDF, ePub and Kindle
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.
Author | : Nicolas Levrat |
Publisher | : Bloomsbury Publishing |
Total Pages | : 328 |
Release | : 2022-02-24 |
Genre | : Law |
ISBN | : 150994589X |
Download The EU and its Member States’ Joint Participation in International Agreements Book in PDF, ePub and Kindle
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.
Author | : Emilija Leinarte |
Publisher | : |
Total Pages | : 267 |
Release | : 2021 |
Genre | : Foreign trade regulation |
ISBN | : 9781108969048 |
Download Functional Responsibility of International Organizations Book in PDF, ePub and Kindle
This book provides a novel approach to the allocation of international responsibility in a multilayered structure like the European Union. Introducing a new concept of functional international responsibility, this study finds that in international economic law the focus of international dispute settlement bodies is not on the responsible party, but on a party best placed to bear responsibility. The book offers a comprehensive analysis of international rules of responsibility and international dispute settlement practice, primarily that of the World Trade Organization and investment arbitration. The study offers a practically applicable approach to questions of international responsibility which will assist international adjudicators, EU and Member States' officials and third country government agents who negotiate economic agreements and are involved in international economic disputes. The book is also relevant to those interested in the governance and accountability questions under the new EU-UK Trade and Cooperation Agreement.
Author | : Emilija Leinarte |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2021-08-31 |
Genre | : Law |
ISBN | : 9781108838887 |
Download Functional Responsibility of International Organisations Book in PDF, ePub and Kindle
Author | : Melanie Fink |
Publisher | : Oxford Studies in European Law |
Total Pages | : 417 |
Release | : 2019-02-19 |
Genre | : Law |
ISBN | : 0198835450 |
Download Frontex and Human Rights Book in PDF, ePub and Kindle
This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.