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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

von: Plarent Ruka
139,09 €
Verlag:	Springer
Format:	PDF
Veröffentl.:	11.05.2017
ISBN/EAN:	9783319571775
Sprache:	englisch

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Beschreibungen

Titelbeschreibung

<div>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.</div><div>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.</div><div><br></div>

Inhaltsverzeichnis

Introduction.- Perspectives from the International law of responsibility on the joint responsibility regime of the EU and its member states.- International responsibility in mixed agreements: the case of the WTO Agreement.- The responsibility of the Union Polity in the WTO in light of the constitutional framework of principles.- A model for participation of the Union Polity in the DSP and the management of the responsibility concerns.- Summary and conclusions.

Back cover copy

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.<div>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 withouta declaration of powers.</div><div><br></div>

Sonderbeitrag

Provides an advanced analysis of the EU institutional design Brings a novel contribution in evidencing the limitations of the vertical distribution of powers in the EU legal order and the implications for the unity of representation in terms of international trade agreements Provides an ambitious and objectively convincing normative solution for managing the joint responsibility of the EU and its Member States in mixed agreements Offers an important step towards a more effective representation of the EU and its Member States in the external trade relations and a more reliable position of the EU polity in the international legal order