The exclusive treaty-making power of the European Community : up to the period of the single European act

著者

書誌事項

The exclusive treaty-making power of the European Community : up to the period of the single European act

by Moshe Kaniel

Kluwer Law International, c1996

  • : hb

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This book sheds light on a fascinating process of historic, legal evolution, starting from a situation of doubt as to whether the Community had treaty-making power, and ending with certain treaties being denied to sovereign states and transferred to an international organization. This process is still continuing, and brings in its wake far-reaching results. The author makes distinction between cases where exclusive treaty-making is explicitly specified in the founding treaties, and cases where treaty-making power is implicit, and is derived from the general structure of Community law. Implicit power becomes exclusive only by `occupying the field', which means enactment, and exclusive power negates ab initio the Member States' power, whereas implicit exclusive power merely negates the competence of the Member States to establish rules conflicting with those of the Community. Scholars, practitioners, lawyers, students and everybody who deals with European Union affairs will find this book of great interest.

目次

  • Preface
  • Prof. Yoram Dinstein. I: Introduction. 1. The Legal Personality of International Organizations. 2. The Treaty-Making Power of International Organizations. II: The Source of the European Community's Power to Conclude International Treaties. 1. Community Law. 2. Explicit Power. 3. Implicit Power. III: How Exclusive Power is Created. 1. Explicit Exclusive Power. 2. Implicit Exclusive Power. 3. Exclusive Power and the Transitional Period. 4. Ancillary Exclusive Power. 5. Exclusive Power and Article 5 of the Treaty of Rome. 6. Aspects and Implications of Acquiring Exclusive Power. IV: The Fields in which the Community has Acquired Exclusive Power. 1. Commercial Policy. 2. Transport. 3. Fisheries. 4. Environment. 5. Atomic Energy. 6. Social Policy. V: Parallel Power - Changes and Evolution. 1. Conflict of Powers. 2. Changes and Evolution. VI: The Implementation of Exclusive and Parallel Power by the Community at the International Level. 1. The Participation of the Community in International Activities. 2. The Forms of Commitment. 3. Procedure: Negotiation, Commitment and Representation. VII: Mixed Agreements. 1. Definition. 2. The Legal Source. 3. Why Conclude a Mixed Agreement? 5. Participation of Portion of Member States in Conclusion of Mixed Agreement. 6. Notification of the Fields of Competence. 7. The Problem of Voting - The Number of Votes. 8. Reflections on `Mixed Agreements'. Bibliography. Appendix. Index.

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