EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law.
This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.
Foreword Allan Rosas, formerly a Judge at the European Court of Justice Introduction: Torn between Two Lovers: The Application of both EU and International Law to the Participation of the EU and its Member States in International Agreements Nicolas Levrat, University of Geneva, Switzerland, Yuliya Kaspiarovich, University of Groningen, the Netherlands, Christine Kaddous, University of Geneva, Switzerland, and Ramses A Wessel, University of Groningen, the Netherlands PART I MIXED AGREEMENTS FROM AN EU LAW PERSPECTIVE 1. A Typology of EU Mixed Agreements Revisited Joni Heliskoski, Justice at the Supreme Administrative Court of Finland, and Gesa Kubek, University of Groningen, the Netherlands 2. The Continuing Contestation of ERTA: Conferral, Effectiveness and the Member States’ Participation in Mixed Agreements Mirka Kuisma, Supreme Administrative Court of Finland, and Joris Larik, Leiden University, the Netherlands 3. Foreseeability and Anticipation as Constraints on Member State Action under Mixed Agreements Marja-Liisa Oberg, Lund University, Sweden, and Marcus Klamert, University of Graz, Austria 4. The Mixed Nature of the EU-Canada FTA: Between Competences Distribution and Democratic Legitimacy Manon Damestoy, University of Nantes, France and University of Saint-Louis Brussels, and Nicolas Levrat, University of Geneva, Switzerland 5. The Representation of the EU and its Member States in Multilateral Fora: The AMP Antarctique Effect Merijn Chamon, Maastricht University, the Netherlands, and Marise Cremona, European University Institute, Italy PART II MIXED AGREEMENTS FROM AN INTERNATIONAL LAW PERSPECTIVE 6. EMU ‘Mixity’: Overlap Between EU and Member States Action in Economic Governance Flore Vanackere, University of Geneva, Switzerland, and Bruno De Witte, Maastricht University, the Netherlands 7. Nomen est Omen?: The Relevance of ‘EU Party’ in International Law Sabrina Schaefer, Humboldt Universität Berlin, Germany, and Jed Odermatt, City, University of London, UK 8. Conformity of International Dispute Settlement Mechanisms with EU Law: Does the EU’s Participation Really Matter? Bartosz Soloch, General Counsel to the Republic of Poland, and Makane Moise Mbengue, University of Geneva, Switzerland 9. International Responsibility of the EU and/or its Member States in International Agreements: From Joint Participation to ‘Participation’ Andres Delgado Casteleiro, Chile’s Autonomous University and Cristina Contartese, Hague University of Applied Sciences, the Netherlands PART III THE EU AND ITS MEMBER STATES’ PARALLEL PARTICIPATION IN INTERNATIONAL AGREEMENTS 10. The Future of the Istanbul Convention before the CJEU Panos Koutrakos, City, University of London, UK, and Viktorija Soneca, Sorainen Latvia 11. The New Review Mechanism of the UN Smuggling of Migrants Protocol: Challenges in Measuring the EU’s and its Member States’ Compliance Tamas Molnar, EU Agency for Fundamental Rights (FRA) in Vienna, Austria and Chloe Briere, Université libre de Bruxelles, Belgium 12. The EU Accession to the ECHR and the Responsibility Question: Between a Rock and a Hard Place Vassilis Pergantis, Aristotle University of Thessaloniki, Greece, and Stian Oby Johansen, University of Oslo, Norway PART IV EU INTERNATIONAL AGREEMENTS IN UNCERTAIN TIMES 13. Social and Legal Relevance of Sincere Cooperation in EU External Relations Law in an Era of Expanding Trade: The Belt and Road Initiative in Context Elaine Fahey, City, University of London, UK, and Julija Brsakoska Bazerkoska, Saints Cyril and Methodius University, Republic of North Macedonia 14. The Status of the United Kingdom Regarding EU Mixed Agreements after Brexit Christine Kaddous, University of Geneva, Switzerland, and Habib Badjinri Toure, Aix-Marseille University, France 15. Unmixing Mixed Agreements: Challenges and Solutions for Separating the EU and its Member States in Existing International Agreements Yuliya Kaspiarovich, University of Groningen, the Netherlands, and Ramses A Wessel, University of Groningen, the Netherlands
Nicolas Levrat is Professor of European and International Law at the University of Geneva, Switzerland. Yuliya Kaspiarovich is a postdoctoral researcher at the Global Studies Institute of the University of Geneva, Switzerland. Christine Kaddous is a full Professor of European Union law at the University of Geneva, Switzerland. Ramses A. Wessel is Professor of European Law at the University of Groningen, The Netherlands.
