EU and its Member States’ Joint Participation in International Agreements

Nicolas Levrat is Professor of European and International Law at the University of Geneva, Switzerland.Yuliya Kaspiarovich is a postdoctoral researcher at the Global Studies Institute of the University of Geneva, Switzerland.Christine Kaddous is a full Professor of European Union law at the University of Geneva, Switzerland.Ramses A. Wessel is Professor of European Law at the University of Groningen, The Netherlands.

• Foreword Allan Rosas, formerly a Judge at the European Court of JusticeIntroduction: Torn between Two Lovers: The Application of both EU and International Law to the Participation of the EU and its Member States in International Agreements Nicolas Levrat, University of Geneva, Switzerland, Yuliya Kaspiarovich, University of Groningen, the Netherlands, Christine Kaddous, University of Geneva, Switzerland, and Ramses A Wessel, University of Groningen, the NetherlandsPART IMIXED AGREEMENTS FROM AN EU LAW PERSPECTIVE1. A Typology of EU Mixed Agreements Revisited Joni Heliskoski, Justice at the Supreme Administrative Court of Finland, and Gesa Kubek, University of Groningen, the Netherlands2. The Continuing Contestation of ERTA: Conferral, Effectiveness and the Member States’ Participation in Mixed Agreements Mirka Kuisma, Supreme Administrative Court of Finland, and Joris Larik, Leiden University, the Netherlands3. Foreseeability and Anticipation as Constraints on Member State Action under Mixed Agreements Marja-Liisa Oberg, Lund University, Sweden, and Marcus Klamert, University of Graz, Austria4. The Mixed Nature of the EU-Canada FTA: Between Competences Distribution and Democratic Legitimacy Manon Damestoy, University of Nantes, France and University of Saint-Louis Brussels, and Nicolas Levrat, University of Geneva, Switzerland5. The Representation of the EU and its Member States in Multilateral Fora: The AMP Antarctique Effect Merijn Chamon, Maastricht University, the Netherlands, and Marise Cremona, European University Institute, ItalyPART IIMIXED AGREEMENTS FROM AN INTERNATIONAL LAW PERSPECTIVE6. EMU ‘Mixity’: Overlap Between EU and Member States Action in Economic Governance Flore Vanackere, University of Geneva, Switzerland, and Bruno De Witte, Maastricht University, the Netherlands7. Nomen est Omen?: The Relevance of ‘EU Party’ in International Law Sabrina Schaefer, Humboldt Universität Berlin, Germany, and Jed Odermatt, City, University of London, UK8. Conformity of International Dispute Settlement Mechanisms with EU Law: Does the EU’s Participation Really Matter? Bartosz Soloch, General Counsel to the Republic of Poland, and Makane Moise Mbengue, University of Geneva, Switzerland9. International Responsibility of the EU and/or its Member States in International Agreements: From Joint Participation to ‘Participation’ Andres Delgado Casteleiro, Chile’s Autonomous University and Cristina Contartese, Hague University of Applied Sciences, the NetherlandsPART IIITHE EU AND ITS MEMBER STATES’ PARALLEL PARTICIPATION IN INTERNATIONAL AGREEMENTS10. The Future of the Istanbul Convention before the CJEU Panos Koutrakos, City, University of London, UK, and Viktorija Soneca, Sorainen Latvia11. The New Review Mechanism of the UN Smuggling of Migrants Protocol: Challenges in Measuring the EU’s and its Member States’ Compliance Tamas Molnar, EU Agency for Fundamental Rights (FRA) in Vienna, Austria and Chloe Briere, Université libre de Bruxelles, Belgium12. The EU Accession to the ECHR and the Responsibility Question: Between a Rock and a Hard Place Vassilis Pergantis, Aristotle University of Thessaloniki, Greece, and Stian Oby Johansen, Universityof Oslo, NorwayPART IVEU INTERNATIONAL AGREEMENTS IN UNCERTAIN TIMES13. Social and Legal Relevance of Sincere Cooperation in EU External Relations Law in an Era of Expanding Trade: The Belt and Road Initiative in Context Elaine Fahey, City, University of London, UK, and Julija Brsakoska Bazerkoska, Saints Cyril and MethodiusUniversity, Republic of North Macedonia14. The Status of the United Kingdom Regarding EU Mixed Agreements after Brexit Christine Kaddous, University of Geneva, Switzerland, and Habib Badjinri Toure, Aix-Marseille University, France15. Unmixing Mixed Agreements: Challenges and Solutions for Separating the EU and its Member States in Existing International Agreements Yuliya Kaspiarovich, University of Groningen, the Netherlands, and Ramses A Wessel, University of Groningen, the Netherlands