The European Community and Mixed Agreements

European Foreign Affairs Review, Vol. 6, No. 4, pp. 483-513, Winter 2001

31 Pages Posted: 15 Apr 2004

See all articles by Rafael Leal-Arcas

Rafael Leal-Arcas

Queen Mary University of London - School of Law

Abstract

This paper explains what is meant by a mixed agreement and analyzes the various existing types of mixed agreements in the field of the European Community's external relations. The effects of the EC's international agreements vis-a-vis third parties are examined. EC Treaty practice has become increasingly dominated by mixed agreements for they reflect the legal and political reality that the EC is not a single State for the purposes of international law. Problems raised by mixed agreements do not exist within the context of exclusive EC competence, but rather have to do with the EC's functioning. Within the EC treaty-making, there is a tendency to sign mixed agreements rather than agreements of exclusive EC competence in areas dealing with the EC external relations. This shows their importance for the European Community and for its position in the world.

Keywords: European community, mixed agreements, international law

JEL Classification: K33

Suggested Citation

Leal-Arcas, Rafael, The European Community and Mixed Agreements. European Foreign Affairs Review, Vol. 6, No. 4, pp. 483-513, Winter 2001. Available at SSRN: https://ssrn.com/abstract=529502

Rafael Leal-Arcas (Contact Author)

Queen Mary University of London - School of Law ( email )

67-69
Lincoln's Inn Fields
Holborn, London WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk/staff/lealarcas.html

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