The Principle of Independent Responsibility of the European Union and its Member States in the International Economic Context

Emilija Leinarte

Journal of International Economic Law, 2018, vol. 21, issue 1, 171-191

Abstract: The article discusses the principle of independent responsibility of international organizations and their Member States, drawing on the example of the European Union (EU). It evaluates the EU’s call for competence-based responsibility which suggests that responsibility should follow allocation of competence inside the EU, irrespective of who carried out the conduct in question. The article challenges this approach by suggesting that while States are free to transfer their powers to an international body, obligations are non-transferable. The discussion is based on the analysis of the EU’s participation in the World Trade Organization and the Energy Charter Treaty.

Date: 2018
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