The International Responsibility Of The European Union
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The International Responsibility Of The European Union
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Author : Malcolm Evans
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-12
The International Responsibility Of The European Union written by Malcolm Evans and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-12 with Law categories.
How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union's participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the Union's international responsibility. It discusses horizontal issues, such as the concept of responsibility of international organisations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, investment, environment, security and defence, human rights) by approaching them from both an EU and international law perspective.
The International Responsibility Of The European Union
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Author : Malcolm Evans
language : en
Publisher:
Release Date : 2012
The International Responsibility Of The European Union written by Malcolm Evans and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with International law categories.
How is the international responsibility of the European Union determined? In the context of the multilayered and ever evolving Union legal order, the Lisbon Treaty has introduced considerable changes to the Union''s participation in international affairs. These have rendered this thorny question an even more pressing concern not only for the European Union and its Member States but also for third countries and international organisations. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in May 2011, this volume brings together EU a.
The International Responsibility Of The European Union
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Author :
language : en
Publisher:
Release Date : 2011
The International Responsibility Of The European Union written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with European Union countries categories.
This thesis addresses the question of when the European Union is internationally responsible. More precisely, it examines the extent to which the European Union and its Member States bear responsibility for the violations of an international agreement committed as a consequence of the implementation of EU Law. The specific features of the multilevel system implementation of EU Law poses a series of very interesting questions as regards the EU's relations with its Member States and their responsibility under International Law. The EU primarily implements its law through its Member States' authorities. As such, should the EU bear responsibility for a violation committed by a Member State organ because it was implementing EU Law? Should a Member State which, in complying with a piece of EU legislation, violated an international obligation be held liable? This thesis examines these questions from a practical perspective. It examines how international bodies approach the issue. In this regard, the thesis sets out to examine whether there is a common thread in the way international courts and tribunals deal with the EU's international responsibility. The thesis is structured in four parts. Part I identifies the basic issues surrounding the responsibility of the EU and its Member States under international law, by examining the context and the main issues both at the international level and domestic level. Part II of the thesis focuses on the main mechanism used by the EU to deal with its international responsibility. More specifically it addresses the question of whether the division of competence is a good way to establish the EU's responsibility under an international agreement. Part III of the thesis continues with a practical examination of the EU's responsibility. It examines how international courts and tribunals establish the EU's international responsibility in absence of any declaration limiting its competence. Part IV summarizes the conclusions of Parts I, II and III and contains a series of concluding remarks on the issue of the EU's international responsibility and future developments.
The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences
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Author : Plarent Ruka
language : en
Publisher: Springer
Release Date : 2017-05-11
The International Legal Responsibility Of The European Union In The Context Of The World Trade Organization In Areas Of Non Conferred Competences written by Plarent Ruka and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-11 with Law categories.
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.
International Organizations And Member State Responsibility
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Author : Ana Sofia Barros
language : en
Publisher: BRILL
Release Date : 2016-10-20
International Organizations And Member State Responsibility written by Ana Sofia Barros and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
International Organizations and Member State Responsibility: Critical Perspectives compiles novel approaches within academia and legal practice that reflect the evolution of the contemporary law of international (member state) responsibility. This Volume was previously published as International Organizations Law Review Vol. 12, issue 2 (2015).
International Law And The European Union
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Author : Jed Odermatt
language : en
Publisher: Cambridge University Press
Release Date : 2021-10-21
International Law And The European Union written by Jed Odermatt and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.
International Law and the European Union addresses the public international law issues that arise from the European Union's international action.
Responsibility Of The Eu And The Member States Under Eu International Investment Protection Agreements
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Author : Philipp Theodor Stegmann
language : en
Publisher: Springer
Release Date : 2019-01-24
Responsibility Of The Eu And The Member States Under Eu International Investment Protection Agreements written by Philipp Theodor Stegmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-24 with Law categories.
This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU’s international investment protection agreements. It analyses both the old regime as represented by the Energy Charter Treaty and the new regime as represented by the new EU investment treaties, such as CETA, TTIP, the EU-Singapore Agreement and the EU-Vietnam Agreement. The international responsibility of the EU, being a “special” international organisation, is in and of itself an important and challenging topic in public international law. However, in the context of international investment law, and especially with regard to the emerging new EU investment treaties, the topic is largely unexplored and represents new terrain. The book promotes the development of law in this area and provide a springboard for further research. The book puts forth the thesis that the determination of the EU or a Member State as respondent in a dispute under the new EU investment treaties has a substantive effect on the respondent’s international responsibility. The international law effects of the respondent determination will surely be one of the central topics in future debates on the new EU investment treaties. The book further compares the EU regulation that allocates financial burdens between the EU and the Member States arising out of international investment disputes with the only other genuinely existing allocation system in federal states to date, namely that of Germany. The book finally reveals many shortcomings of the new EU responsibility regime in international investment law and provides some suggestions on how they can best be remedied.
Functional Responsibility Of International Organisations
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Author : Emilija Leinarte
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-16
Functional Responsibility Of International Organisations written by Emilija Leinarte and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-16 with Law categories.
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.
Frontex And Non Refoulement
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Author : Roberta Mungianu
language : en
Publisher:
Release Date : 2016
Frontex And Non Refoulement written by Roberta Mungianu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Asylum, Right of categories.
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement
Functional Responsibility Of International Organizations
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Author : Emilija Leinarte
language : en
Publisher:
Release Date : 2021
Functional Responsibility Of International Organizations written by Emilija Leinarte and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Foreign trade regulation categories.
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.