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Chinese Journal of International Law Advance Access originally published online on May 27, 2008
Chinese Journal of International Law 2008 7(2):417-427; doi:10.1093/chinesejil/jmn022
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© The Author 2008. Published by Oxford University Press. All rights reserved

COURTS & TRIBUNALS

Comments on Commission of the European Communities v. Ireland

GAO Jianjun *

Commission of the European Communities v. Ireland is important for it clarifies the division of areas of competences between the European Community (EC) and its Member States in the mixed agreements, such as the United Nations Convention on the Law of the Sea (LOS Convention). According to the Court of Justice of the European Communities, a finding that there has been a transfer to the Community of areas of shared competence is contingent on the existence of Community rules within the areas covered by the mixed agreement provisions in issue, even though these rules establish only minimum standards. Thus, when dealing with the LOS Convention disputes involving EC Member States, the court or tribunal needs to establish that the shared competence in question has not been transferred to the Community. Otherwise, it should decline jurisdiction on the basis that the parties or party lack(s) locus standi.

* Associate Professor of International Law, China University of Political Sciences and Law. (email: gaoblack2004{at}yahoo.com.cn), this paper was completed on 22 April 2008.


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