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Vol 23 No 5 May/June 2018

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The Exclusive Treaty-Making Power of the European Community Up to the Period of the Single European Act

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ISBN13: 9789041102409
ISBN: 904110240X
Published: June 1996
Publisher: Brill Academic Publishers
Format: Hardback
Price: £204.00

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This text sheds light on a process of historic, legal evolution, starting from a situation of doubt as to whether the European Commmunity 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.

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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'. Appendix.