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

Nonfiction, Reference & Language, Law, Arbitration, Negotiation, & Mediation, International
Cover of the book The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences by Plarent Ruka, Springer International Publishing
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Author: Plarent Ruka ISBN: 9783319571775
Publisher: Springer International Publishing Publication: May 11, 2017
Imprint: Springer Language: English
Author: Plarent Ruka
ISBN: 9783319571775
Publisher: Springer International Publishing
Publication: May 11, 2017
Imprint: Springer
Language: English

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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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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