The EU and its Member States’ participation in international agreements can be approached from two angles. A formal angle (participation ‘stricto sensu’) is linked to the division of competences to conclude international agreements, whereas the other angle is ‘lato sensu’ or ‘participation’, in the sense that the EU and its Member States would jointly ‘participate’ in international agreements, even when they are not formally parties to the agreements. This contribution provides a taxonomy of the different problems that participation and ‘participation’ in an international agreement pose on the responsibility of the EU and/or its Member States in the event of a breach. More specifically, it focuses on the issues arising from a breach of an international agreement to which either the EU or both are parties.
International Responsibility of the EU and/or its Member States in International Agreements: From Joint Participation to ‘Participation
Cristina Contartese;
2022
Abstract
The EU and its Member States’ participation in international agreements can be approached from two angles. A formal angle (participation ‘stricto sensu’) is linked to the division of competences to conclude international agreements, whereas the other angle is ‘lato sensu’ or ‘participation’, in the sense that the EU and its Member States would jointly ‘participate’ in international agreements, even when they are not formally parties to the agreements. This contribution provides a taxonomy of the different problems that participation and ‘participation’ in an international agreement pose on the responsibility of the EU and/or its Member States in the event of a breach. More specifically, it focuses on the issues arising from a breach of an international agreement to which either the EU or both are parties.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
