The governing law -- Independent responsibility of the EU and its member states -- The concept of an organ and agent of the EU -- The nature of remedies in international economic law -- Identification of the proper respondents -- The optimal respondent -- Multiple respondents in WTO dispute-settlement -- Normative implications for the EU's free trade agreements.
Summary:
"Is undisputed that international organisations may have legal personality. In the landmark Opinion of the International Court of Justice (ICJ) in the Reparation for Injuries the ICJ concluded that the United Nations (UN) is an international person capable of possessing international rights and duties.1 Leaving aside the debate on the rationales underlying the ICJ's conclusion and how it applies to different legal theories on international legal personality,2 Klabbers notes a presumptive approach which holds that as soon as an organisation performs acts which can only be explained on the basis of international legal personality, it is presumed that it possesses international legal personality.3 The Union's legal personality has been provided for in Article 210 of the EEC Treaty and is now found in Article 47 of the Treaty of Lisbon. While the drafters of the Union Treaties never expressly clarified whether that personality covers international legal personality, already in 1971 the Court of Justice of the European Union (the Court or CJEU) held that Article 210 of the EEC Treaty was supposed to also mean 'international' legal personality"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.