The Eu And Its Member States Joint Participation In International Agreements

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

Author : Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel
Publisher : Bloomsbury Publishing
Page : 328 pages
File Size : 53,6 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509945894

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The EU and its Member States’ Joint Participation in International Agreements by Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel Pdf

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

Author : Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A. Wessel
Publisher : Hart Publishing
Page : 128 pages
File Size : 45,7 Mb
Release : 2021
Category : Constitutional law
ISBN : 1509945903

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The EU and its member states' joint participation in international agreements by Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A. Wessel Pdf

"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

Author : Plarent Ruka
Publisher : Springer
Page : 289 pages
File Size : 47,9 Mb
Release : 2017-05-11
Category : Law
ISBN : 9783319571775

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

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

Author : Christophe Hillion,Panos Koutrakos
Publisher : Bloomsbury Publishing
Page : 418 pages
File Size : 41,7 Mb
Release : 2010-05-14
Category : Law
ISBN : 9781847315809

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Mixed Agreements Revisited by Christophe Hillion,Panos Koutrakos Pdf

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.

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

Author : Joni Heliskoski
Publisher : BRILL
Page : 345 pages
File Size : 48,6 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004480865

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

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.

The Boundaries of the EU Internal Market

Author : Marja-Liisa Öberg
Publisher : Cambridge University Press
Page : 377 pages
File Size : 53,9 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781108603645

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The Boundaries of the EU Internal Market by Marja-Liisa Öberg Pdf

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.

Foreign Affairs and the EU Constitution

Author : Robert Schütze
Publisher : Cambridge University Press
Page : 557 pages
File Size : 40,5 Mb
Release : 2014-10-16
Category : Law
ISBN : 9781107037663

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Foreign Affairs and the EU Constitution by Robert Schütze Pdf

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

Research Handbook on the European Union and International Organizations

Author : Ramses A. Wessel,Jed Odermatt
Publisher : Edward Elgar Publishing
Page : 720 pages
File Size : 45,6 Mb
Release : 2019
Category : Electronic
ISBN : 9781786438935

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Research Handbook on the European Union and International Organizations by Ramses A. Wessel,Jed Odermatt Pdf

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.

Europe in 12 Lessons

Author : Pascal Fontaine
Publisher : Unknown
Page : 106 pages
File Size : 46,8 Mb
Release : 2018
Category : Electronic
ISBN : 9279715623

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Europe in 12 Lessons by Pascal Fontaine Pdf

What purpose does the EU serve? Why and how was it set up? How does it work? What has it already achieved for its citizens, and what new challenges does it face today? In a globalised world, can the EU compete successfully with other major economies while maintaining its social standards? How can immigration be managed? What will Europe’s role be on the world stage in the years ahead? Where will the EU’s boundaries be drawn? And what future is there for the euro? These are just some of the questions explored by EU expert Pascal Fontaine in this 2017 edition of his popular booklet Europe in 12 lessons. Pascal Fontaine is a former assistant to Jean Monnet and former professor at the Institut d’Études Politiques, Paris.

EU External Relations Post-Lisbon

Author : Anonim
Publisher : BRILL
Page : 469 pages
File Size : 42,5 Mb
Release : 2020-07-13
Category : Law
ISBN : 9789004421981

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EU External Relations Post-Lisbon by Anonim Pdf

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.

International Law and the European Union

Author : Jed Odermatt
Publisher : Cambridge University Press
Page : 273 pages
File Size : 43,5 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781108841993

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International Law and the European Union by Jed Odermatt Pdf

International Law and the European Union addresses the public international law issues that arise from the European Union's international action.

EU External Relations Law

Author : Piet Eeckhout
Publisher : Oxford University Press
Page : 623 pages
File Size : 44,5 Mb
Release : 2011-05-26
Category : Law
ISBN : 9780199606634

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EU External Relations Law by Piet Eeckhout Pdf

Rev. ed. of: External relations of the European Union legal and constitutional foundations / Piet Eeckhout. [1st ed.] 2004.

The International Responsibility of the European Union

Author : Andrés Delgado Casteleiro
Publisher : Cambridge University Press
Page : 279 pages
File Size : 42,6 Mb
Release : 2016-09-15
Category : Law
ISBN : 9781107090545

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The International Responsibility of the European Union by Andrés Delgado Casteleiro Pdf

This book explores the extent to which the EU, and its Member States, are responsible for violations of international law.

Foreign Relations Federalism

Author : Thomas Verellen
Publisher : Oxford University Press
Page : 337 pages
File Size : 51,5 Mb
Release : 2023-04-15
Category : Law
ISBN : 9780192658890

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Foreign Relations Federalism by Thomas Verellen Pdf

How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The EU in Comparative Perspective addresses these questions. It offers a comparative analysis of the constitutional framework in which foreign relations are conducted in four federal unions: the United States, Canada, Belgium, and the European Union. The EU takes up a special position in the book. Over a decade since the Treaty of Lisbon entered into force, the EU's foreign affairs constitution continues to evolve. New institutional practices emerge and cases continue to be brought before the Court of Justice of the European Union. The pace of constitutional change is fast, and there is a sustained need for critical and constructive legal analysis of that change. By comparing the constitutional experience of the EU to that of other federal unions, Foreign Relations Federalism contributes to fulfilling this need. It is a must-read for anyone interested in the EU's constitutional development, the role of the EU in foreign affairs, and the constitutional treatment of foreign relations in federal unions other than the EU.

EU Trade and Investment Treaty-Making Post-Lisbon

Author : Gesa Kübek
Publisher : Bloomsbury Publishing
Page : 289 pages
File Size : 45,7 Mb
Release : 2024-06-27
Category : Law
ISBN : 9781509964659

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EU Trade and Investment Treaty-Making Post-Lisbon by Gesa Kübek Pdf

This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.