The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences…

Name: 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

von Plarent Ruka Verlag: Springer International Publishing

1st ed. 2017 - Erschienen 19.05.2017 - Gebunden, 320 Seiten, 241mm x 160mm x 23mm, Sprache(n): eng

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Provides an advanced analysis of the EU institutional designBrings 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 agreementsProvides an ambitious and objectively convincing normative solution for managing the joint responsibility of the EU and its Member States in mixed agreementsOffers 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

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.

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A29385940

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