The topic of this book was identified during the pre-Lisbon era, while I was working
on a research project about the legal challenges that regional trade agreements pose
for the World Trade Organization (WTO) agreement. Essentially, from the WTO
perspective, the European Union (EU) is deemed to be a preferred art of regionalism
as long as the EU common market constitutes an advanced state of economic
integration. However, the joint membership of the EU and its member states in the
WTO agreement triggers significant legal challenges for this latter in terms of the
distribution of the international responsibility for violations of WTO disciplines by
the EU or its member states in areas of non-conferred competences. In a more
practical level, a question arises about the EU sole participation in the dispute
settlement proceedings of the WTO for disputes emerging outside the areas of
conferred EU powers. This participation of the EU could provoke significant
questions of legality related to the assumption of responsibility for wrongful actions
committed by the EU member states while acting within their scope of residual
competences. This issue constitutes the main research question of the book. The
central assumption is that the way in which the international responsibility of the
EU and its member states is distributed sits uneasily with conventional modes
provided in international agreements in general. As such, this causes a certain
degree of uncertainty for other trading partners, which, by not grasping the constitutional
nature of the EU polity, rely on a conventional way of management of the
international responsibility. The same problem could be conceived also in light of
other international mixed agreements, particularly those operating in the area of
international economic law.