Mixed Agreements Revisited

The EU and its Member States in the World

Christophe Hillion, Panos Koutrakos, Christophe Hillion, Panos Koutrakos

• Publisher: Hart Publishing
• Year: 2010
• Print ISBN: 9781841139548
• eBook ISBN: 9781847315809
• Edition: 1
• Topic: Law
• Subtopic: International Law
• Index: Law

Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.

Table of contents

• Cover
• Prelims
• Acknowledgements
• Summary Contents
• Contents
• List of Contributors
• Introduction
• 1 Opening Remarks—Evolution of Mixity since the Leiden 1982 Conference
• Part I Typology of Mixed Agreements
• 2 A Typology of Mixed Bilateral Agreements
• 3 Cross-pillar Mixity: Combining Competences in the Conclusion of EU International Agreements
• Part II The Constitutional Framework
• 4 Federalism and Foreign Affairs: Mixity as a (Inter)national Phenomenon
• 5 Mixity and Coherence in EU External Relations: The Significance of the ‘Duty of Cooperation’
• 6 Interpretation of Mixed Agreements
• 7 Adoption of Positions under Mixed Agreements (Implementation)
• 8 Disconnection Clauses in EU Law and Practice
• 9 Beware of the Trojan Horse: Dispute Settlement in (Mixed) Agreements and the Autonomy of the EU Legal Order
• 10 International Responsibility for EU Mixed Agreements
• Part III Practice and Actors of Mixed Agreements
• 11 Mixity in Practice: Some Problems and Their (Real or Possible) Solution
• 12 Curse or Blessing? Mixed Agreements in the Recent Practice of the European Union and its Member States
• 13 Mixed Agreements from the Perspective of the European Parliament
• 14 Mixity in Practice—A View from The Netherlands
• 15 Mixity in Practice—A Member State Practitioner’s Perspective
• 16 Mixity Seen from Outside the EU but Inside the Internal Market
• 17 Mixity from the Outside: the Perspective of a Treaty Partner
• Part IV The Future of Mixed Agreements
• 18 Mixity in the Era of the Treaty of Lisbon
• 19 The Future of Mixity
• Index