Show simple item record

dc.contributor.authorKASPIAROVICH, Yuliya
dc.contributor.authorLEVRAT, Nicolas
dc.date.accessioned2021-11-09T14:13:41Z
dc.date.available2021-11-09T14:13:41Z
dc.date.issued2021
dc.identifier.citationEuropean journal of legal studies, 2021, Vol. 13, No. 2, pp. 1201-150en
dc.identifier.issn1973-2937
dc.identifier.urihttps://hdl.handle.net/1814/72946
dc.descriptionPublished online: 30 November 2021
dc.description.abstractSince 1961, the EU and its predecessors have concluded many so-called mixed agreements with states outside of its community. On the EU side, such agreements are concluded both by the EU and by its Member States, acting jointly. This is a consequence of the principle of conferral, which sometimes limits EU capacity to act on the international stage. It also helps to clear up the evolving distribution of competencies between the EU and its Member States. If mixed agreements are consistent with the EU legal order, they constitute a peculiar and novel practice under general international law. Such agreements do not fit into any of the existing treaty law "categories", and the legal basis for the EU and its Member States' commitments under mixed agreements may appear problematic according to international law. Under EU law, the principles of pre-emption and sincere cooperation apply. However, Brexit has forced legal scholars to reconsider the issue under international law: what happens to a Member State's commitments under mixed agreements when it leaves the EU? According to international law, it should remain a party to such agreements, as a state bound by its international commitments. But how and under what conditions these agreements should be implemented remain open questions. We propose to investigate these legal issues with regard to the UK's commitments under mixed agreements in the context of Brexit.
dc.format.mimetypeapplication/pdfen
dc.language.isoenen
dc.relation.urihttps://ejls.eui.eu/en
dc.rightsinfo:eu-repo/semantics/openAccessen
dc.titleEuropean Union mixed agreements in international law under the stress of Brexiten
dc.typeArticleen
dc.identifier.doi10.2924/EJLS.2021.004en
dc.identifier.volume13en
dc.identifier.startpage121
dc.identifier.endpage150
eui.subscribe.skiptrue
dc.identifier.issue2en


Files associated with this item

Icon

This item appears in the following Collection(s)

Show simple item record