* Many thanks to Niels Blokker, Peter Holcombe Henley, Jan Klabbers, Adam Łazowski, Gabrielle Marceau, Esa Paasivirtaa and Paolo Palchetti for their helpful comments and suggestions. The usual disclaimer applies. This contribution will be published as Editorial in International Organizations Law Review, 2016, Vol. 13, No. 2.
The Legal Procedure to Leave the European Union
Unlike the Hotel California—as described in the famous Eagles song to which the paraphrased title of this contribution refers1—it is possible to leave international organizations. This is generally true, and even seems to work for ‘regional integration organisations’
It is a truism that in the study of international organizations the academic disciplines of law and politics hardly ever meet. We share an interest in international organizations (or in fact in international organization), but we remain interested in different questions. The result is reflected in the fact that we publish in different journals and participate in different conferences. Almost everyone will know the experience of being the only lawyer in a room full of political scientists (or vice versa): one can bring in arguments from one’s own disciplinary debates, but the arguments often
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.
Many scholars have short, or longer, lists of books they would like to write before, or during, their retirement. And occasionally items on that list can be crossed out, for instance because a book has suddenly been written by someone else who had his priorities straight. A book on membership in international organizations was indeed on my list, and so far, I only succeeded in scribbling down a few first ideas that were published in the present journal some years ago.1 The reason for my interest in membership issues, is that one of the most fascinating aspects of
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.