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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
Author
Title
The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences [electronic resource] / by Plarent Ruka.
ISBN
9783319571775
Publication
Cham : Springer International Publishing : Imprint: Springer, 2017.
Physical Description
XXX, 289 p. 2 illus. in color : online resource.
Local Notes
Access is available to the Yale community.
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Summary
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.
Variant and related titles
Springer ebooks.
Other formats
Printed edition:
Format
Books / Online
Language
English
Added to Catalog
June 02, 2017
Contents
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.
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