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
ISBN: 331957177X
Category : Law
Languages : en
Pages : 315
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Book Description
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: Plarent Ruka
Publisher: Springer
ISBN: 331957177X
Category : Law
Languages : en
Pages : 315
Get Book Here
Book Description
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
ISBN: 1108981232
Category : Law
Languages : en
Pages : 545
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Book Description
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
ISBN: 9789041101556
Category : Political Science
Languages : en
Pages : 450
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Book Description
Samenvatting.
Author: Fabian Bickel
Publisher: Springer Nature
ISBN: 3030863123
Category : Law
Languages : en
Pages : 312
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Book Description
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: Nicolas Levrat
Publisher: Bloomsbury Publishing
ISBN: 1509945881
Category : Law
Languages : en
Pages : 366
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Book Description
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: Nanette A. Neuwahl
Publisher: BRILL
ISBN: 9004482423
Category : Law
Languages : en
Pages : 351
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Book Description
Author: Gracia Marin-Duran
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The aim of this paper is to examine and assess the participation of the European Union (EU) and its Member States (MS) in the dispute settlement system of the World Trade Organisation (WTO), with a focus on one legally and politically important question: how their unique position as full WTO members has affected their respective responsibility for the performance of WTO obligations. While generally upholding the prevailing view that the EU's participation in the WTO dispute settlement system has been a 'success story', the paper will offer a more nuanced assessment of the Union's eagerness to assume lead responsibility for breaches of WTO law, in terms of both the degree of third-party acceptance and the relative impact of EU own rules. Drawing upon an in-depth analysis of practice, two main arguments will be advanced. First, the extent to which the EU's assertion of exclusive participation and responsibility has been accepted by other WTO members and dispute settlement organs ought to be qualified, particularly in light of more recent, post-Lisbon, WTO disputes. Second, the approach to EU/MS international responsibility we have witnessed in the WTO dispute settlement system has not just been determined by the EU internal rules -i.e., a pure 'competence model', whereby the exclusive (external) competence of the EU for virtually all WTO matters will implicate its exclusive responsibility in all instances. Rather, the specificity of the WTO dispute settlement system has exercised considerable influence on whether and how such internal rules are relevant to the determination of EU (sole or joint) responsibility for breaches of WTO law, and most significantly the WTO rules on remedies which embody the very purpose of assigning responsibility for an internationally wrongful act in this specific treaty context. Accordingly, it is suggested that this 'competence/remedy' model for managing EU/MS international responsibility in the WTO, which combines both internal and external legal factors, may remain a case apart, unique to that dispute settlement regime.
Author: Emilija Leinarte
Publisher:
ISBN: 9781108969048
Category : Foreign trade regulation
Languages : en
Pages : 267
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Book Description
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: Melanie Fink
Publisher: Oxford Studies in European Law
ISBN: 0198835450
Category : Law
Languages : en
Pages : 417
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Book Description
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.
Author: Nicolas Levrat
Publisher: Bloomsbury Publishing
ISBN: 1509945873
Category : Law
Languages : en
Pages : 329
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Book Description
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.
