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A Legal Institutional Perspective
A Legal Institutional Perspective
Abstract
Law-making by formal, intergovernmental international organizations received abundant attention over the past years. The aim of the present contribution is to investigate whether the notion of 'word legislation' would also be appropriate in the case of 'informal international law-making'. It is argued that this could be the case when international public authority is exercised, in which case 'informal' rules have effects similar to domestic legislation.
The question of the immunities of the European Union (‘eu’) is clearly under-researched. However, with the new global ambitions of the eu, which are even more prominent in the current — post-Lisbon Treaty — legal regime, the classic institutional law theme of the immunities of international organizations deserves to be addressed in the context of the eu as well. This contribution first of all looks into the legal position of the eu under international law. This is followed by an analysis of the legal provisions on the eu’s immunities in the treaties and other relevant documents. The paper also addresses actual and potential situations in which eu immunities are or can be invoked. It is concluded that, although the eu’s legal regime in this area follows the rules of international diplomatic law, it is special because of the extensive, yet complex, international competences of the eu as well as of the role of the organization’s own Court of Justice.