Tag Archives: WTO

2016

The Practice of Shared Responsibility in relation to The World Trade Organization and the European Union and its Member States in the WTO

James Flett

This chapter is forthcoming in the third edited volume of the SHARES book series: André Nollkaemper and Ilias Plakokefalos (eds.), The Practice of Shared Responsibility in International Law (Cambridge University Press, 2016).

2014

Attribution – Responsibility – Remedy. Some comments on the EU in different international regimes

Pieter Jan Kuijper

Often in the discussion of the allocation of international responsibility between an international organization and its Member States for unlawful acts pride of place is given to the allocation of powers or competences between the organization and its Member States. … Read more

3 November 2013

Shared responsibility and the draft EU-ECHR Accession Agreement: some observations regarding attribution and the intervening role of the Court of Justice

In this blogpost I reflect, from a shared responsibility perspective, on two issues arising under the draft EU-ECHR Accession Agreement: (1) the question of to whom EU member states’ acts implementing EU law are attributed, and why; (2) the intervening role reserved for the Court of Justice of the EU (CJEU) in proceedings brought before the European Court of Human Rights (ECtHR). The relevant provisions in the draft Accession Agreement are Art. 1(3), respectively Art. 3(6).

 

1. Issues of attribution

The draft Accession Agreement makes it clear that the attribution of responsibility may be a function of the relevant primary norms of international law, and their scope (the ECHR norms in the case) rather than of secondary rules that are applicable across-the-board. Questions of shared/exclusive responsibility are then conceived of differently with respect to the ECHR than, say, the World Trade Organization (WTO). In the former case, acts of EU member states implementing EU law are attributed to the member state rather than to the EU, whereas in the latter, such acts are attributed to the EU, the member states being mere agents or organs. (more…)

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