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Plender, Richard --- "External Relations" [2008] ELECD 231; in Moser, Philip; Sawyer, Katrine (eds), "Making Community Law" (Edward Elgar Publishing, 2008)

Book Title: Making Community Law

Editor(s): Moser, Philip; Sawyer, Katrine

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201379

Section: Chapter 8

Section Title: External Relations

Author(s): Plender, Richard

Number of pages: 23

Extract:

8. External relations
Richard Plender*
Sir Francis Jacobs began his professional career as a public international
lawyer. One of his earliest publications, if not his first, was a contribution to
the International and Comparative Law Quarterly entitled `Varieties of Treaty
Interpretation'.1 It should be no cause for surprise, therefore, that several of his
more influential Opinions are concerned with the European Community's
external relations. In this chapter we shall be able to review only four of them:
not all being among the best-known of the Court's cases on the subject: VOF
Schieving-Nijstad,2 Bosphorus Airways v Minister of Transport,3 Regione
Autonoma Friuli-Venezia4 and Wählergruppe Gemeinsam Zajedno.5 This
quartet of Opinions also provides us with an opportunity to review four current
controversies: the European Court's jurisdiction to interpret treaties between
the Community and third States; the application to the European Community
of Security Council resolutions; the interpretation of the European Convention
on Human Rights (ECHR); and the association between the European
Community and Turkey.


JURISDICTION TO INTERPRET AGREEMENTS WITH
THIRD STATES
In Commission v Council, `Convention on Nuclear Safety', Mr Advocate
General Jacobs reaffirmed the consistent line of judgments of the European
Court holding that a provision of an international agreement concluded by one
of the Communities forms, as from its entry into force, an integral part of



* QC, LLD; successor to Professor Francis Jacobs (as he then was) as Director
of the Centre of European Law, King's College, London.
...