OUVRAGE : A. Delgado Casteleiro, The International Responsibility of the European Union: From Competence to Normative Control

Andrés DELGADO CASTELEIRO

When is the EU responsible under international law? Is the EU a "special case" international organisation? The UN General Assembly's adoption of the ILC Articles on the International Responsibility of International Organisations was only the catalyst for debate on this topic. In this book, the author examines the legal personality of the EU, how - if at all - its responsibility under international agreements is shared between Member States, and how the international responsibility of the EU relates to its internal responsibilities under EU law. By exploring how in practice such legal regimes as the ILC, UNCLOS, and the WTO have held the EU responsible, this book provides an innovative analysis of a fundamental aspect of the relationship between the EU and international law.


TABLE OF CONTENTS

Introduction

1. International Organizations as Subjects of International Law
2. The EU and International Responsibility
3. The EU’s Responsibility Conundrum
4. Scope and Structure of This Monograph 

1. The EU’s Normative Control and International Responsibility

1.1 Introduction
1.2 The International Legal Personality of the EU and Its Member States
1.3 The EU and International Agreements: An Enquiry into Its Legal Effects
1.4 The Implementation of EU Law and the International Responsibility of the EU
1.5 Conclusions

2. Codifying of the Responsibility of International Organizations (I): The Impact of ARIO’s Rules of Attribution on the EU

2.1 Introduction
2.2 The ARIO in the Context of the Codification of International Responsibility by the ILC
2.3 The Attribution of Conduct through the Establishment of an Institutional Link
2.4 Factual Attribution: Facing the Limited Resources of IOs
2.5 Attribution of a Conduct to an IO due to the Acknowledgement of That Conduct as Its Own
2.6 Conclusions

3. Codifying of the Responsibility of International Organizations (II): The Impact of ARIO’s Rules of Responsibility on the EU

3.1 Introduction
3.2 The Relation between the Rules of Attribution and the Rules of Responsibility: When Is Responsibility Shared?
3.3 Responsibility of the IO in Connection with an Act of a State
3.4 State Responsibility in Connection with an Act of an IO
3.5 Lex Specialis Rule and the EU’s Normative Control
3.6 Concluding Remarks

4. EU Declarations of Competence to Multilateral Agreements: A Useful Internal Reference Base?

4.1 Introduction
4.2 Declarations of Competence: An Attempt at Conceptualization
4.3 Declarations of Competence in the CJEU
4.4 Conclusions

5. The Apportionment of the EU’s International Responsibility in International Environmental Law: The International Application of EU Declarations of Competence

5.1 Preliminary Remarks
5.2 Articulating the EU’s Participation in UNCLOS
5.3 The EU’s International Responsibility within UNCLOS
5.4 The EU’s Responsibility and the Aarhus Convention Compliance Committee
5.5 Conclusions

6. The EU’s Normative Control and International Responsibility: The WTO Dispute Settlement System

6.1 Introduction
6.2 The EU in the WTO: Issues of Competence
6.3 The EU in the WTO Dispute Settlement System
6.4 Conclusions

7. Normative Control in the EU and the Responsibility of Member States: An Analysis of the Responsibility of the EU in International Investment Law

7.1 Introduction
7.2 International Investment Disputes with an EU Element: Mapping How EU Law Interacts with International Investment Law
7.3 EU Responsibility and the Future of EU Investment Policy
7.4 Conclusions

Conclusions

1. The European Union and International Responsibility
2. Towards a Theory of Normative Control as a Means of Attributing Responsibility

Bibliography
Index

Andrés DELGADO CASTELEIRO, The International Responsibility of the European Union: From Competence to Normative Control, Cambridge, Cambridge University Press, 2016 (278 pp.)

Andrés Delgado Casteleiro is a lecturer at Durham Law School and co-directs its European Law Centre (DELI). He holds a PhD in Law from the European University Institute, Florence, and is a member of the Madrid Bar Association.