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

1. Auflage 2001
ISBN: 978-90-411-1713-7
Verlag: Wolters Kluwer

Buch, Englisch, Band 2, 352 Seiten, GB, Format (B × H): 167 mm x 246 mm, Gewicht: 685 g

Reihe: The Erik Castrén Institute Monographs on International Law and Human Rights

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.

Zielgruppe

Research

Autoren/Hrsg.

Heliskoski, Joni

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

Abbreviations. 1. Introduction: European Community, Its Member States and Mixed Agreements. 2. Recognition and Implications of the Mixed Procedure in the Case Law of the European Court of Justice. 3. Negotiation, Conclusion and Implementation: Procedures of the Community and the Member States. 4. Non-EC Parties and the Contention for Certainty. 5. Mechanisms for Settlement of Disputes: International Law Procedures. 6. Beyong Proceduralization: Mixed Agreements and Countermeasures. 7. Conclusions and Evaluation. Appendices. Tables of Cases. Bibliography. Index.