Connected or Disconnected?The EU and International Law.Lecture 4: The EU and International Organizations

Prof. Pieter Jan KUIJPER

Lecture 4: The EU and Intenational Organizations

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The Difference between International Treaties and International Organizations.

Both need special clauses to make it possible for the EC to become a party to the Treaty.

How? General clause: REIO; RIO. Specific clause: EC/EU.

International organizations have additional requirements Admission as a …….?

As what? Member Observer Other status?

Lecture 4: The EU and Intenational Organizations

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Different statuses in international organizations

Membership Right to vote, to break consensus, to speak on all subjects, to raise

points of order, to reply, to run for office (as individual or as a state),

to make proposals, to advance amendments, to seating in the inner

circle, to a nameplate etc. Observer status

Right to speak last (on an agenda item, exceptionally on the day). No right to vote, to break consensus, to speak on all subjects, to

raise points of order, to reply, to run for office, to make proposals or

to advance amendments, to seating in the inner circle, to a name

plate.

Lecture 4: The EU and Intenational Organizations

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A new status?

Full participant status All rights, except the vote?

That is the ambition and there is greater readiness to

think about it.

Reality is that different packages are being construed

in different organizations and different organs.

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EU/EC Membership in International Organizations

Membership in which organizations? FAO and Codex Alimentarius

WTO

EBRD

Energy Charter Convention

Commodity Agreements

International Fisheries Agreements

ICCAT, NEAFC,NAFO etc. Mixed membership or single membership?

Consequences for number of votes.

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Three contrasting examples of EC Membership

FAO Membership

Amendment of FAO Constitution: Art. II, XIV, XVIII Amendment of FAO General Rules

Declaration of competence in general ECJ has changed position on this (Lecture 3, p; 11).

Declaration of specific competence on the agenda Spokesmanship Vote

Internal arrangement mirrors these external legal acts Enforceable : Case C-25/94 Comm. v Council – on FAO

Fisheries point on the agenda.

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Three contrasting examples of EC Membership 2

WTO Original Member: Art. XI:1 WTO Agreement Voting arrangements: Art. IX:1. Consensus breaking No declaration of competence. Commission is always spokesperson

Speaks on behalf of MS on certain subjects Will/May change after Lisbon.

TPRM exercised on the EC/EU as a whole, not on MS. Autolimitation on offices sought (left to MS)

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Three contrasting examples of EC Membership 3

International Commission for the Conservation of Atlantic Tuna

Protocol of Paris 1984: REIO’s can become members.

Change in Art XIV ICCAT Convention: membership and

terms as “State”, “government” etc. will also apply to REIO’s.

Member States of the REIO withdraw.

For the rest nothing changes, no special rules.

In practice: EC represented by the Commission,

accompanied by former EC MS member of ICCAT.

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Three different examples of special status 1

OECD The one organization that makes the participation of the EC entirely

dependent on the institutional provisions of the EC Treaty: Art 13

OECD Convention and Supplementary Protocol 1

The European Commission “shall take part in the work of” the

OECD.

The meaning of this phrase in practice has been very variable:

Competition; Development Assistance Committee; Economic

Surveys

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Three different examples of special status 2

Special status on special occasions WHO – during the drafting and negotiation of the new

International Health Regulations in the Conference.

UNESCO – during the drafting and negotiation of the

so-called Cultural Diversity Convention in the

UNESCO Executive Council.

Special status consisted mainly of rights useful in

negotiation of the international rules agreed.

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Three different examples of special status 3

Special status being born? The UN GA. Treaty of Lisbon has created new situation in UN.

Old situation: classical observership.

Special situation with respect to Peace Building

Commission, since EC major institutional donor.

Discussions going on at present.

Will the EU become a kind of Palestine? GA Res

3237(XXIX) and 52/250.