Mixed Agreements As a Technique for Organizing the International Relations of the European Community and Its Member States
This volume provides the most comprehensive account to date of the foundations, evolution, and nature of the treaty-making practice, known as the practice of mixed agreements, whereby the European Community and its Member States enter into international agreements with one or more other subjects of international law. Covering policy areas from external economic relations to the environment, from development cooperation to the law of the sea, the practice of mixed agreements occupies a highly prominent position in the external relations of the EU. Rather than focusing upon any particular agreement or subject area, the book seeks to identify, through analysis of the respective interests of the Community, the Member States and other parties, as they are reflected in actual practice, the general parameters for the conclusion and application of mixed agreements. The basic thesis defended is that there are mediating strategies whereby mixed agreements can be turned into an effective technique for manifesting the Community's position in external relations whilst nevertheless safeguarding the vital interests of the Member States and the other, non-EC parties. Rather than a 'necessary evil', mixed agreements should be regarded as a natural way of organizing the international relations of the EC and its Member States. Of individual treaties, the most thorough examination is made of the Community and the Member States' participation in the Law of the Sea Convention, the Food and Agriculture Organization of the UN (FAO), as well as the Agreement establishing the World Trade Organization (WTO). As regards the WTO, for instance, the book offers a comprehensive account of the dispute settlement practice under the GATS and TRIPS Agreements.
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EUROPEAN COMMUNITY ITS MEMBER STATES
RECOGNITION AND IMPLICATIONS OF THE MIXED
CONCLUSIONS AND EVALUATION
Mixed Agreements of the European Community
Table of Mixed Agreements of
adopted AETR Agreement establishing Annex application arbitration Article attribution autonomy Bonn Convention Commission common position Community and Member Community competence Community law Community's competence Conference contracting parties Convention Council Decision Court of Justice Dashwood December declaration dispute settlement division of competence Draft Art EC Treaty Energy Charter Treaty Europe Agreement European Communities European Economic Area European Economic Community European Union ex Art exclusive competence exercise external competence External Relations GATS GATT Heliskoski Ibid ILC Yearbook implications institutions Internal Agreement international law international organization interpretation Koskenniemi Lome Lome Convention matters Member State competence Member State participation mixed agreements mixed procedure multilateral national competence negotiations non-exclusive O'Keeffe & Schermers Opinion panel paras particular practice principle Protocol provisions question regards Report request respect responsibility rights and obligations rule of joint scope setdement submitted supra suspension Trade TRIPS UNCLOS United Kingdom WTO Agreement WTO doc