The international legal responsibility of the European Union in the context of the World Trade Organization in areas of non-conferred competences. ([2017])

• Record Type: Book
• Further Information: Note: Plarent Ruka.
• Authors: Ruka, Plarent
• Contents: Preface; Table of Cases; Court of Justice of the European Union; European Court of Justice; Court of First Instance; Opinions and Rulings; International Court of Justice; GATT and WTO; Permanent Court of International Justice; International Arbitral Awards; German Jurisprudence; Table of Legislative Instruments; European Union; International Instruments; World Trade Organization/General Agreement on Tariffs and Trade 1947 (GATT); National Legislation; Contents; List of Abbreviations; Chapter 1: Introduction. I. An Introduction to the Membership of the European Union and Its Member States in the WTOII. Preliminary Issues of the Joint Responsibility Regime Under the WTO Agreement; III. Introductory Case; 1. Case Brief: EC -- Asbestos; 2. A Critical Assessment of EC -- Asbestos; a. A Latent Message of EC -- Asbestos and Some Methodological Issues; b. The Missing Passive Legitimation Proceedings of the EU at the EC -- Asbestos; c. The Relevance of the Division of Powers for the DSP; d. The Causal Link Between the Disputed Measure and EU Legislation; e. Justification of the Contested Measure from the EU. F. Findings on the Contested Measure and Its Consequencesg. Theoretical Implications of the Membership of the EU and Its Member States in the WTO: The `Formal-Substantive ́Gap; h. From Answerability to Liability; i. The Attribution of Liability and the Distribution of Burden for Violating WTO Disciplines; j. Complying with the DSB Rulings or Recommendations; IV. Concluding Remarks and the Structure of the Work; References; Chapter 2: Perspectives from the International Law of Responsibility on the Joint Responsibility Regime of the EU and Its Memb ... ; I. Introduction. II. Theoretical Aspects of the International Law of Responsibility1. General Insights on International Responsibility; 2. The Legal Definition and the Content of International Legal Responsibility; 3. The Nature of International Responsibility; III. International Responsibility According to legi generali; 1. The Internationally Wrongful Act and the Attribution of Conduct to States and International Organizations; 2. The Breach of International Obligations; 3. The Rules of Justification of the Internationally Wrongful Act. 4. The Content and Implementation of the Regime of International ResponsibilityIV. General Rules of Joint Responsibility of States and International Organizations; 1. The Content of the Joint Responsibility Regime; 2. The Modes of Incurring Joint Responsibility; 3. The Sources of Joint Responsibility of International Organizations and Their Member States; a. Joint Responsibility for Acts Attributed to International Organizations; b. Joint Responsibility for Acts Attributed to Member States; i. Direct Participation of the Member State in the Internationally Wrongful Act.
• Publisher Details: Cham : Springer
• Publication Date: 2017
• Copyright Date: 2017
• Extent: 1 online resource (XXX, 289 pages)
• Subjects: 382.92; Law; International regimes; Mediation; Dispute resolution (Law); Conflict management; European Economic Community lite; International organization; BUSINESS & ECONOMICS -- Exports & Imports; BUSINESS & ECONOMICS -- International -- General; BUSINESS & ECONOMICS -- International -- Marketing; POLITICAL SCIENCE -- International Relations -- Trade & Tariffs; International regimes; Membership requirements; Law -- International; Law -- Arbitration, Negotiation, Mediation; Business & Economics -- International -- Economics; Political Science -- International Relations -- General; International economic & trade law; Arbitration, mediation & alternative dispute resolution; Public international law; Economic systems & structures; International institutions; International law; Law; European Law; International Economic Law, Trade Law; Dispute Resolution, Mediation, Arbitration; Sources and Subjects of International Law, International Organizations; European Integration; International Organization; Electronic books; Membership
• Languages: English
• ISBNs: 9783319571775
• Related ISBNs: 331957177X; 9783319571768; 3319571761
• Notes: Note: Includes bibliographical references (pages 281-289).; Note: Includes bibliographical references.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.