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Working paper
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English

Are EU member States still States according to International Law?

Number of pages26
PublisherGenève : GSI
Collection
  • GSI Working Papers; 2019/02
Publication date2019
Abstract

The EU's practice in signing and concluding “mixed agreements” alongside its member States – all 29 legal subjects thus being parties to such agreements and accordingly each bound with one or several third parties – was not, and is still not, being properly considered by the rules of international law. Nevertheless, this practice exists and a huge number of third States have accepted it through conclusion of those “mixed agreements”. As long as a member State of the EU remains a member State, the problem may adequately be solved by the EU law which establishes a very clear hierarchical relationship between different kinds of legal norms within the EU's legal order. EU mixed agreements are thus considered as being some kind of secondary legislation binding upon its institutions and member States (article 216(2) TFEU). However, when a member State is leaving the EU, as it is the case of the UK, the relationship between the EU and the UK as well as with third States parties to mixed agreements will solely be covered by rules of general international law. This complex situation is envisaged in this paper through the case-study of the EEA agreement.

Keywords
  • Mixed agreements
  • Brexit
  • EEA agreement
  • VCLT
  • Federal principle
NoteISSN de la collection : 2624-8360
Citation (ISO format)
LEVRAT, Nicolas, KASPIAROVICH, Yuliya. Are EU member States still States according to International Law? 2019
Main files (1)
Working paper
Identifiers
  • PID : unige:113050
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Technical informations

Creation18.01.2019 11:26:00
First validation18.01.2019 11:26:00
Update time15.03.2023 15:36:47
Status update15.03.2023 15:36:47
Last indexation17.01.2024 04:43:42
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