This paper endorses the thesis that in the context of international responsibility, the European Union should not be treated differently from other international organizations. The argument is presented from the perspective of the debate on the legal nature of the ‘rules of international organizations’. It contends that theories on European exceptionalism are founded on a purely internal nature, which does not reflect its derivation from international law.
After introducing the theme, section two of the paper goes through the historical development of the autonomy possessed by international organizations from the perspective of the nature of the rules. The third section discusses the theories on European exceptionalism looking at the attribution of a wrongful act and at the violation of an international obligation. The fourth section concludes the paper illustrating how the same constitutional structure should lead to the same treatment in international law.
|Name||Jean Monnet Working Papers|
|Publisher||The City Law School, City University London|
- 513 Law
- rules of international organizations
- European exceptionalism
- member states