The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect
This chapter discusses the implications of the Court’s ruling in AMP Antarctique for the question of the EU and the Member States’ representation in international fora established pursuant to mixed multilateral agreements. While the Court itself as well as some commentators have presented AMP Antarc...
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fteuinstitute:oai:cadmus.eui.eu:1814/75183 2024-06-02T07:56:36+00:00 The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect CHAMON, Merijn CREMONA, Marise 2022 https://hdl.handle.net/1814/75183 https://doi.org/10.5040/9781509945900.ch-005 en eng Hart Publishing Nicolas LEVRAT, Yuliya KASPIAROVICH, Christine KADDOUS and Ramses A. WESSEL (eds), The EU and its Member States' joint participation in international agreements, Oxford New York : Hart Publishing, 2022, pp. 97-114 9781509945870 https://hdl.handle.net/1814/75183 doi:10.5040/9781509945900.ch-005 info:eu-repo/semantics/bookPart 2022 fteuinstitute https://doi.org/10.5040/9781509945900.ch-005 2024-05-06T11:23:03Z This chapter discusses the implications of the Court’s ruling in AMP Antarctique for the question of the EU and the Member States’ representation in international fora established pursuant to mixed multilateral agreements. While the Court itself as well as some commentators have presented AMP Antarctique as a special case with limited precedential value, it is not clear yet what its ramifications will be for the practice of mixed representation in international fora. It is argued that the Court’s reasoning fails to entirely convince in terms of both EU law and public international law. Although in principle AMP Antarctique could have significant repercussions for the EU’s representation in international fora, the ruling leaves enough flexibility for the Court to reduce the judgment’s precedential value to zero. As a result, the Commission has missed an opportunity to clarify the legal framework governing the joint representation of the EU and its Member States under mixed multilateral agreements. Book Part Antarc* Antarctique* European University Institute, Italy: Cadmus (EUI Research Repository) 97 114 |
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European University Institute, Italy: Cadmus (EUI Research Repository) |
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language |
English |
description |
This chapter discusses the implications of the Court’s ruling in AMP Antarctique for the question of the EU and the Member States’ representation in international fora established pursuant to mixed multilateral agreements. While the Court itself as well as some commentators have presented AMP Antarctique as a special case with limited precedential value, it is not clear yet what its ramifications will be for the practice of mixed representation in international fora. It is argued that the Court’s reasoning fails to entirely convince in terms of both EU law and public international law. Although in principle AMP Antarctique could have significant repercussions for the EU’s representation in international fora, the ruling leaves enough flexibility for the Court to reduce the judgment’s precedential value to zero. As a result, the Commission has missed an opportunity to clarify the legal framework governing the joint representation of the EU and its Member States under mixed multilateral agreements. |
format |
Book Part |
author |
CHAMON, Merijn CREMONA, Marise |
spellingShingle |
CHAMON, Merijn CREMONA, Marise The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect |
author_facet |
CHAMON, Merijn CREMONA, Marise |
author_sort |
CHAMON, Merijn |
title |
The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect |
title_short |
The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect |
title_full |
The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect |
title_fullStr |
The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect |
title_full_unstemmed |
The representation of the EU and its Member States in multilateral fora : the AMP antarctique effect |
title_sort |
representation of the eu and its member states in multilateral fora : the amp antarctique effect |
publisher |
Hart Publishing |
publishDate |
2022 |
url |
https://hdl.handle.net/1814/75183 https://doi.org/10.5040/9781509945900.ch-005 |
genre |
Antarc* Antarctique* |
genre_facet |
Antarc* Antarctique* |
op_relation |
Nicolas LEVRAT, Yuliya KASPIAROVICH, Christine KADDOUS and Ramses A. WESSEL (eds), The EU and its Member States' joint participation in international agreements, Oxford New York : Hart Publishing, 2022, pp. 97-114 9781509945870 https://hdl.handle.net/1814/75183 doi:10.5040/9781509945900.ch-005 |
op_doi |
https://doi.org/10.5040/9781509945900.ch-005 |
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97 |
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114 |
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1800757354927489024 |