|
|
|
|
| LEADER |
11642nam 2200493 ub4500 |
| 001 |
VR000832420 |
| 003 |
VRH01000000000000000814179 |
| 008 |
t s2010 r 1|| eng |
| 007 |
tu||||||||||||||||||||| |
| 020 |
|
|
|a 1-84113-954-8
|
| 020 |
|
|
|a 978-1-84113-954-8
|
| 090 |
|
|
|a EG IX Mc 27
|
| 100 |
1 |
|
|a Hillion, Christophe <<[Hrsg.]>>
|
| 245 |
0 |
0 |
|a Mixed agreements revisited
|b the EU and its Member States in the World
|c ed. by Christophe Hillion ...
|
| 260 |
|
|
|a Oxford [u.a.]
|b Hart
|c 2010, 2010
|
| 300 |
|
|
|a XXI, 396 S.
|
| 655 |
|
|
|a Aufsatzsammlung
|
| 655 |
|
|
|a Konferenzschrift
|
| 700 |
1 |
|
|a Koutrakos, Panos <<[Hrsg.]>>
|
| 041 |
0 |
7 |
|a eng
|2 ISO 639-2
|
| 993 |
|
|
|a 1006
|
| 993 |
|
|
|a toc
|
| 993 |
|
|
|a 1001bb
|
| 490 |
0 |
|
|a Modern studies in European law
|v 21
|
| 830 |
|
0 |
|a VR000634969
|
| 775 |
|
|
|t Online-Ausg.: Mixed agreements revisited
|
| 775 |
|
|
|t Online-Ausg.: Mixed Agreements Revisited
|
| 024 |
8 |
|
|a 9781841139548
|
| 024 |
3 |
|
|a 9781841139548
|
| 084 |
|
|
|a EG: IX Mc
|
| 084 |
|
|
|a VR 33.7
|
| 998 |
|
|
|a EG: IX Mc
|
| 998 |
|
|
|a Auswärtige Gewalt: Kompetenzverteilung: Vertragsverfahren. Gemischte Abkommen.
|
| 998 |
|
|
|a EG: IX Mc
|
| 696 |
|
|
|a Hillion, C.
|
| 856 |
|
|
|u https://aleph.mpg.de:443/F?func=service&doc_library=VRH01&local_base=VRH01&doc_number=000814179&sequence=000001&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA
|3 ToC
|m Völkerrecht Heidelberg
|z VIEW
|
| 992 |
|
|
|a IMAGE 1 CONTENTS ACKNOWLEDGEMENTS SUMMARY CONTENTS LIST OF CONTRIBUTORS INTRODUCTION 1 OPENING REMARKS-EVOLUTION OF MIXITY SINCE THE LEIDEN 1982 CONFERENCE CHRISTIAAN TIMMERMANS I. INTRODUCTION II. WHAT HAS HAPPENED IN THE MEANTIME? III. CONCLUSION IV. THE FUTURE PART I TYPOLOGY OF MIXED AGREEMENTS 2 A TYPOLOGY OF MIXED BILATERAL AGREEMENTS 3 MARC MARESCEAU I. INTRODUCTION 11 II. WHY BILATERAL MIXITY? 14 III. DIFFERENT CATEGORIES OF MIXED BILATERAL AGREEMENTS 16 A. ASSOCIATION AGREEMENTS 17 B. COOPERATION AGREEMENTS OF A GENERAL NATURE WITHOUT ASSOCIATION 20 C. MIXED TRADE AND COOPERATION AGREEMENTS WITH POLITICAL DIALOGUE 24 D. MIXED SECTORAL AGREEMENTS WITHOUT POLITICAL DIALOGUE 24 IV. CONCLUDING REMARKS 27 CROSS-PILLAR MIXITY: COMBINING COMPETENCES IN THE CONCLUSION OF EU INTERNATIONAL AGREEMENTS RAMSES A WESSEL I. INTRODUCTION: THE CONCLUSION OF EU INTERNATIONAL AGREEMENTS II. FORMS OF MIXITY IN THE UNION A. WAS THERE A NEED FOR MIXITY IN THE NON-COMMUNITY PARTS OF THE EU? B. CROSS-PILLAR SECOND/THIRD PILLAR COMBINATIONS C. CROSS-PILLAR EU/EC COMBINATIONS D. EU/MEMBER STATE COMBINATIONS E. EU/EC/MEMBER STATE COMBINATIONS IX V VIL XVIL XIX 2 7 7 9 11 30 30 32 32 34 38 40 44 IMAGE 2 CONTENTS III. RESTRAINTS ON MEMBER STATES' EXTERNAL COMPETENCES AND THE JURISDICTION OF THE EUROPEAN COURT OF JUSTICE 46 A. CROSS-PILLAR AGREEMENTS: THE EFFECTS ON MEMBER STATES 46 B. THE JURISDICTION OF THE COURT OF JUSTICE 47 IV. EU MIXITY AFTER LISBON 49 V. CONCLUSION 53 PART II THE CONSTITUTIONAL FRAMEWORK 55 4 FEDERALISM AND FOREIGN AFFAIRS: MIXITY AS A (INTER)NATIONAL PHENOMENON 57 ROBERT SCHUETZE I. INTRODUCTION: THE FEDERAL PRINCIPLE AND FOREIGN AFFAIRS 57 II. FEDERAL STATES AND FOREIGN AFFAIRS: COMPARATIVE CONSTITUTIONAL PERSPECTIVES 58 A. THE 'CLOSED' FEDERATION: THE UNITED STATES OF AMERICA 59 B. THE 'OPEN' FEDERATION: THE GERMAN FEDERAL STATE IN CONSTITUTIONAL HISTORY 65 C. CONCLUSION: FEDERAL STATES, FOREIGN AFFAIRS AND (THE ABSENCE OF)
|
| 992 |
|
|
|a MIXED AGREEMENTS 70 III. THE EUROPEAN UNION AND FOREIGN AFFAIRS: PURE AND MIXED AGREEMENTS 72 A. THE SCOPE OF THE EUROPEAN UNION'S TREATY POWERS: THE DOCTRINE OF PARALLELISM 74 B. THE SCOPE OF THE MEMBER STATES' TREATY POWERS: CONSTITUTIONAL AND LEGISLATIVE PRE-EMPTION 77 C. MIXED AGREEMENTS AND FOREIGN AFFAIRS: EUROPE'S FEDERAL CONSTITUTIONAL CONVENTION 79 IV. CONCLUSION: MIXED AGREEMENTS AS A (INTER)NATIONAL PHENOMENON 84 MIXITY AND COHERENCE IN EU EXTERNAL RELATIONS: THE SIGNIFICANCE OF THE 'DUTY OF COOPERATION' CHRISTOPHE HILLION L. INTRODUCTION II. THE CONSTITUTIONAL FOUNDATION OF THE DUTY OF COOPERATION III. THE CONSTRAINING EFFECTS OF THE DUTY OF COOPERATION A. A DUTY INVOLVING LEGAL OBLIGATIONS B. UNCONDITIONAL EFFECTS C. A DUTY INVOLVING SPECIFIC PROCEDURAL OBLIGATIONS IV. THE DIFFERENTIATED APPLICATION OF THE DUTY OF COOPERATION A. THE DUTY OF COOPERATION AND INTERLINKED EXERCISE OF MEMBER STATES AND UNION COMPETENCES 5 X 87 87 88 92 93 94 97 102 103 IMAGE 3 CONTENTS V. B. THE APPLICATION OF THE DUTY OF COOPERATION WHERE MEMBER STATES AND UNION EXERCISE THEIR RESPECTIVE COMPETENCES INDEPENDENTLY CONCLUSION 106 114 INTERPRETATION OF MIXED AGREEMENTS PANOS KOUTRAKOS L. INTRODUCTION 116 II. THE ORIGIN 117 ILL. THE PRINCIPLE 118 IV. JURISDICTION TO INTERPRET MIXED AGREEMENTS IN THE CONTEXT OF ENFORCEMENT PROCEEDINGS 123 V. THE MORE RECENT TWIST 129 VI. CONCLUSION: WHICH UNION INTEREST? 135 6 116 7 ADOPTION OF POSITIONS UNDER MIXED AGREEMENTS (IMPLEMENTATION) 138 JONI HELISKOSKI L. INTRODUCTION 138 IL. THE GENERAL LEGAL FRAMEWORK 140 III. ACTS AND INSTRUMENTS GOVERNING THE ADOPTION OF POSITIONS 142 IV. CIRCUMSTANCES IN WHICH A UNION POSITION MUST BE ADOPTED 146 A. MATTERS WITHIN THE UNION'S EXCLUSIVE COMPETENCE 146 B. MATTERS WITHIN THE UNION'S NON-EXCLUSIVE COMPETENCE 149 V. UNION LAW OBLIGATIONS GOVERNING THE EXERCISE OF MEMBER STATE COMPETENCE 154 VI. CONCLUSIONS 158 8 DISCONNECTION CLAUSES IN EU LAW AND PRACTICE 160
|
| 992 |
|
|
|a MARISE CREMONA I. INTRODUCTION II. WHAT IS A DISCONNECTION CLAUSE AND WHEN IS IT USED? A. 'WITHOUT PREJUDICE' AND 'NON-AFFECT' CLAUSES B. THE 'STANDARD' DISCONNECTION CLAUSE III. THE LEGAL EFFECT OF THE DISCONNECTION CLAUSE AND THE AUTONOMY OF THE UNION LEGAL ORDER IV. DISCONNECTION CLAUSES AND MIXED AGREEMENTS V. DISCONNECTION CLAUSES AND EXCLUSIVITY VI. CONCLUSION 9 BEWARE OF THE TROJAN HORSE: DISPUTE SETTLEMENT IN (MIXED) AGREEMENTS AND THE AUTONOMY OF THE EU LEGAL ORDER INGE GOVAERE I. INTRODUCTION TO THE FOUNDATIONS OF THE AUTONOMY OF THE EU LEGAL ORDER II. INTERCONNECTING WITH PUBLIC INTERNATIONAL LAW WHILST GUARDING AGAINST THE TROJAN HORSE XI 160 162 164 168 171 179 181 185 187 187 190 IMAGE 4 CONTENTS III. INTERNATIONAL DISPUTE SETTLEMENT MECHANISMS FOR SETTLING DISPUTES WITH THIRD COUNTRIES 192 A. ALLOCATION OF POWERS BETWEEN THE EU AND ITS MEMBER STATES 193 B. ESSENTIAL CHARACTER OF POWERS OF EU INSTITUTIONS 194 C. BINDING INTERPRETATION OF RULES OF UNION LAW REFERRED TO IN THE AGREEMENT 196 IV. DISPUTE SETTLEMENT UNDER (MIXED) AGREEMENTS BETWEEN MEMBER STATES AND/OR EU INSTITUTIONS 199 A. POTENTIAL IMPORTANCE OF MIXITY FOR MEMBER STATES 199 B. (MIXED) AGREEMENTS CONCLUDED BY THE EU: THE HAEGEMAN TRACK 200 C. IMPLICATIONS FOR AGREEMENTS CONCLUDED SOLELY BY MEMBER STATES: THE OPEN SKIES TRACK? 202 D. COINCIDENCE WITH INTERNATIONAL LAW: PLEA FOR A JUDICIAL DISCONNECTION CLAUSE 203 V. DUTY OF CLOSE COOPERATION AND DISPUTE SETTLEMENT: MEMBER STATES AND THIRD COUNTRIES 205 VI. CONCLUSION 207 10 INTERNATIONAL RESPONSIBILITY FOR EU MIXED AGREEMENTS PIETER JAN KUIJPER I. INTRODUCTION 208 II. THE CASE LAW 209 A. THE EUROPEAN COURT OF JUSTICE 209 B. THE EUROPEAN COURT OF HUMAN RIGHTS 210 C. WTO PANELS AND THE APPELLATE BODY 213 D. EXCURSUS: THE EUROPEAN COURT OF HUMAN RIGHTS AND UN PEACE-KEEPING 215 III. THE RULES ON RESPONSIBILITY AND TREATY LAW 217 A. THE ILC DRAFT ARTICLES ON THE RESPONSIBILITY OF INTERNATIONAL
|
| 992 |
|
|
|a ORGANISATIONS AND THE EU 217 B. SOME PRACTICE WITH RESPECT TO RESPONSIBILITY FOR EU MIXED AGREEMENTS 224 C. WHAT DOES ALL OF THIS TELL US ABOUT RESPONSIBILITY IN THE CASE OF EU MIXED AGREEMENTS? 226 208 PART III PRACTICE AND ACTORS OF MIXED AGREEMENTS 229 11 MIXITY IN PRACTICE: SOME PROBLEMS AND THEIR (REAL OR POSSIBLE) SOLUTION JENOE CZUCZAI I. INTRODUCTION II. TREATY-MAKING PROCESS A. GENERAL LEGAL FRAMEWORK FOR MANAGING MIXITY 231 231 231 231 XLI IMAGE 5 CONTENTS B. THE NEGOTIATION PHASE 234 C. THE CONCLUSION PHASE 238 III. SUSPENSION OF THE APPLICATION AND IMPLEMENTATION OF A MIXED AGREEMENT 245 IV. CONCLUSIONS 247 12 CURSE OR BLESSING? MIXED AGREEMENTS IN THE RECENT PRACTICE OF THE EUROPEAN UNION AND ITS MEMBER STATES 249 FRANK HOFFMEISTER I. INTRODUCTION 249 II. THE EVOLUTION OF MIXITY 250 A. THE LEGAL BASIS FOR 'NEW RNIXITY' 250 B. INTER-PILLAR PRACTICE SINCE 2000 251 III. RECENT PRACTICE ON AGREEMENTS CONCLUDED BY THE UNION AND ITS MEMBER STATES 253 A. TREATY MAKING 253 B. APPLICATION 257 C. ENFORCEMENT 262 IV. CONCLUSION 13 MIXED AGREEMENTS FROM THE PERSPECTIVE OF THE EUROPEAN PARLIAMENT RICARDO PASSOS I. INTRODUCTION 269 IL. THE STATE OF PLAY UNDER THE TREATY OF NICE: AN INSUFFICIENT INVOLVEMENT BY THE PARLIAMENT DURING NEGOTIATIONS BUT A TREND TO SET PRECONDITIONS 272 A. NO SPECIFIC PROVISION IN THE TREATIES: ARTICLE 300 EC AS THE GENERAL RULE 272 B. THE FRAMEWORK AGREEMENT ON RELATIONS BETWEEN THE EUROPEAN PARLIAMENT AND THE COMMISSION 273 C. RECENT TREND TO SET PRECONDITIONS WHEN THE ASSENT PROCEDURE IS REQUIRED 277 D. THE PARLIAMENT MAY SHOW ITS CONCERN AT THE ASSENT PROCEDURE 280 III. NEW PERSPECTIVES WITH THE LISBON TREATY 281 A. THE COMMISSION SHOULD REMAIN, WHEREVER POSSIBLE, THE NEGOTIATOR OF MIXED AGREEMENTS 282 B. THE ENHANCED ROLE OF THE EUROPEAN PARLIAMENT 284 C. INTER-PARLIAMENTARY COOPERATION BETWEEN THE EUROPEAN PARLIAMENT AND THE NATIONAL PARLIAMENTS 290 IV. CONCLUSION 292 267 269 XLLL IMAGE 6 CONTENTS
|
| 992 |
|
|
|a 14 MIXITY IN PRACTICE - THE VIEW FROM THE NETHERLANDS 295 IVO VAN DER STEEN I. INTRODUCTION 295 II. DISCUSSIONS AT EU LEVEL 296 III. INTERNAL PROBLEMS 299 IV. PRACTICAL SOLUTIONS 301 V. NATIONAL APPROVAL OF AGREEMENTS 301 VI. CONCLUSION 302 15 MIXITY IN PRACTICE-A MEMBER STATE PRACTITIONER'S PERSPECTIVE 304 IVAN SMYTH I. INTRODUCTION 304 II. NEGOTIATING MANDATES 304 III. THE CONDUCT OF THE NEGOTIATIONS AND THE ESTABLISHMENT OF AGREED POSITIONS WHEN NEGOTIATING MIXED AGREEMENTS 309 IV. SIGNATURE OF MIXED AGREEMENTS AND PROVISIONAL APPLICATION 313 V. CONCLUSION OF AGREEMENTS AND DECLARATIONS OF COMPETENCE 315 VI. CONCLUSION 318 16 MIXITY SEEN FROM OUTSIDE THE EC BUT INSIDE THE INTERNAL MARKET 320 HENRIK BULL I. INTRODUCTION 320 II. AN OVERVIEW 322 III. THE EEA AGREEMENT: UNPROBLEMATIC MIXITY? 324 IV. WAS ARTICLE 24 TEU WORSE THAN MIXITY? 326 V. 'SUBSTANTIVE MIXITY'-THE REAL PROBLEM FOR EFTA STATES? 328 17 MIXITY FROM THE OUTSIDE: THE PERSPECTIVE OF A TREATY PARTNER 331 PETER OLSON I. INTRODUCTION 331 II. CONCEPTUAL AND LEGAL CHALLENGES ASSOCIATED WITH MIXITY 333 A. THE TENSION BETWEEN MIXITY AND STANDARD TREATY PRACTICE 333 B. THE AMBIGUITY OF EU 'DECLARATIONS OF COMPETENCE' 335 C. TROUBLING 'DISCONNECTION CLAUSES' 337 III. PRACTICAL PROBLEMS ASSOCIATED WITH MIXITY 338 A. NEGOTIATING WITH THE EU AND ITS MEMBER STATES 338 B. THE PARTICIPATION OF THE EU AND ITS MEMBER STATES IN INTERNATIONAL ORGANISATIONS 340 C. AUTHENTIC LANGUAGES OF MIXED AGREEMENTS 341 D. INTERNATIONAL RESPONSIBILITY OF THE EU AND ITS MEMBER STATES UNDER MIXED AGREEMENTS 342 E. THE ENTRY INTO FORCE OF MIXED AGREEMENTS 345 IV. CONCLUSION 346 XLV IMAGE 7 CONTENTS PART IV THE FUTURE OF MIXED AGREEMENTS 349 18 MIXITY IN THE ERA OF THE TREATY OF LISBON 351 ALAN DASHWOOD I. THE NEW TREATY AND UNION STRUCTURE 352 II. EXCLUSIVE UNION COMPETENCE 355 A. A PRIORI EXCLUSIVITY 356 B. SUPERVENING EXCLUSIVITY THROUGH OPERATION OF THE AETR AND OPINION 1/76 PRINCIPLES 360
|
| 992 |
|
|
|a III. BLURRING THE BOUNDARY BETWEEN UNION COMPETENCES 363 IV. CONCLUSIONS 365 19 THE FUTURE OF MIXITY 367 ALLAN ROSAS I. MIXITY IS HERE TO STAY 367 II. LEARNING TO LIVE WITH MIXITY 371 INDEX 375 XV
|
| 852 |
|
|
|c EG: IX Mc: 27
|m BOOK
|
| 999 |
|
|
|a VRH50
|b MPVRH
|c Institutsbibliothek
|d EG: IX Mc: 27
|e available
|t Verfügbar
|f 2
|g 0
|h N
|i 43
|j BIB
|k i
|
