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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 (Hardcover, 1st ed. 2017)
Loot Price: R4,459
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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 (Hardcover, 1st ed. 2017)
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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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