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Resp. of States in Eu Essay

  • Submitted by: anonymous
  • on April 3, 2014
  • Category: Social Issues
  • Length: 476 words

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Below is an essay on "Resp. of States in Eu" from Anti Essays, your source for research papers, essays, and term paper examples.

Abstract
The role of subsystems or special regimes, of which the European Community (EC) has been
cited as the most striking example, within public international law has been a focus of
attention of academic writing in recent years. Such regimes, strictly understood, exclude the
operation of secondary rules of general international law, substituting their own rules. As
well as providing a useful descriptive framework for certain aspects of international law,
subsystems analysis poses the issue of the effect on the overall efficacy of the international
law system of such regimes. Applied to the EC, use of the term ‘subsystem’ as strictly
understood is debatable. A number of scenarios indicate the potential applicability and need
for the regime of state responsibility of general international law. First, a member state may
be liable in international law for breach of EC law where that EC law is an international
agreement to which the Community is a party. Secondly, Simma’s 1985 conclusions
concerning the EC as a self-contained regime, assessed in light of recent developments in EC
law on state liability, arguably remain applicable, suggesting that international responsibility for breaches of EC law by member states, in extremis, cannot be absolutely excluded.
1 Introduction
The unique or sui generis character in public international law of the European
Community (EC) has been the subject of much commentary.1
What is special about the EC from the standpoint of public international law is the way in which the
Community institutions were given powers of a legislative and governmental nature
independent of the member states, traditionally seen as the ultimate actors or subjects
in public international law.2
In particular, the European Court of Justice (ECJ) acted as
a driving force behind community integration through the development of its case law
and, particularly, the doctrines of the direct effect and supremacy of EC law.3
This
transfer to...

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