This book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.
Gesa Kübek is Assistant Professor in European Law, Groningen University, the Netherlands.
IntroductionPart I: Treaty-Making Power2. The Character of EU International Agreements3. Allocation of EU Trade and Investment CompetencePart II: Treaty-Making Procedure4. International and EU Law5. National Constitutional Law and National ParliamentsPart III: The Interrelationship between Treaty-Making Power and Procedure6. The Non-ratification of Bilateral Mixed Trade and Investment Agreements7. The New Architecture8. The EU-UK Trade and Cooperation Agreement9. Conclusion: Moving Beyond Mixity