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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

By (author) Plarent Ruka
Format: Hardback
Publisher: Springer International Publishing AG, Cham, Switzerland
Published: 19th May 2017
Dimensions: w 156mm h 234mm d 19mm
Weight: 626g
ISBN-10: 3319571761
ISBN-13: 9783319571768
Barcode No: 9783319571768
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Synopsis
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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