Connected or Disconnected? The EU and International Law. Lecture 4: The EU and International Organizations Prof. Pieter Jan KUIJPER

Lecture 4: The EU and Intenational Organizations 2 The Difference between International Treaties and International Organizations. Both need special clauses to make it possible for the EC to become a party to the Treaty. How? General clause: REIO; RIO. Specific clause: EC/EU. International organizations have additional requirements Admission as a …….? As what? Member Observer Other status?

Lecture 4: The EU and Intenational Organizations 3 Different statuses in international organizations Membership Right to vote, to break consensus, to speak on all subjects, to raise points of order, to reply, to run for office (as individual or as a state), to make proposals, to advance amendments, to seating in the inner circle, to a nameplate etc. Observer status Right to speak last (on an agenda item, exceptionally on the day). No right to vote, to break consensus, to speak on all subjects, to raise points of order, to reply, to run for office, to make proposals or to advance amendments, to seating in the inner circle, to a name plate.

Lecture 4: The EU and Intenational Organizations 4 A new status? Full participant status All rights, except the vote? That is the ambition and there is greater readiness to think about it. Reality is that different packages are being construed in different organizations and different organs.

Lecture 4: The EU and Intenational Organizations 5 EU/EC Membership in International Organizations Membership in which organizations? FAO and Codex Alimentarius WTO EBRD Energy Charter Convention Commodity Agreements International Fisheries Agreements ICCAT, NEAFC,NAFO etc. Mixed membership or single membership? Consequences for number of votes.

Lecture 4: The EU and Intenational Organizations 6 Three contrasting examples of EC Membership FAO Membership Amendment of FAO Constitution: Art. II, XIV, XVIII Amendment of FAO General Rules Declaration of competence in general ECJ has changed position on this (Lecture 3, p; 11). Declaration of specific competence on the agenda Spokesmanship Vote Internal arrangement mirrors these external legal acts Enforceable : Case C-25/94 Comm. v Council – on FAO Fisheries point on the agenda.

Lecture 4: The EU and Intenational Organizations 7 Three contrasting examples of EC Membership 2 WTO Original Member: Art. XI:1 WTO Agreement Voting arrangements: Art. IX:1. Consensus breaking No declaration of competence. Commission is always spokesperson Speaks on behalf of MS on certain subjects Will/May change after Lisbon. TPRM exercised on the EC/EU as a whole, not on MS. Autolimitation on offices sought (left to MS)

Lecture 4: The EU and Intenational Organizations 8 Three contrasting examples of EC Membership 3 International Commission for the Conservation of Atlantic Tuna Protocol of Paris 1984: REIOs can become members. Change in Art XIV ICCAT Convention: membership and terms as State, government etc. will also apply to REIOs. Member States of the REIO withdraw. For the rest nothing changes, no special rules. In practice: EC represented by the Commission, accompanied by former EC MS member of ICCAT.

Lecture 4: The EU and Intenational Organizations 9 Three different examples of special status 1 OECD The one organization that makes the participation of the EC entirely dependent on the institutional provisions of the EC Treaty: Art 13 OECD Convention and Supplementary Protocol 1 The European Commission shall take part in the work of the OECD. The meaning of this phrase in practice has been very variable: Competition; Development Assistance Committee; Economic Surveys

Lecture 4: The EU and Intenational Organizations 10 Three different examples of special status 2 Special status on special occasions WHO – during the drafting and negotiation of the new International Health Regulations in the Conference. UNESCO – during the drafting and negotiation of the so-called Cultural Diversity Convention in the UNESCO Executive Council. Special status consisted mainly of rights useful in negotiation of the international rules agreed.

Lecture 4: The EU and Intenational Organizations 11 Three different examples of special status 3 Special status being born? The UN GA. Treaty of Lisbon has created new situation in UN. Old situation: classical observership. Special situation with respect to Peace Building Commission, since EC major institutional donor. Discussions going on at present. Will the EU become a kind of Palestine? GA Res 3237(XXIX) and 52/250.