By Jan Klabbers
Jan Klabbers questions how club of the ecu Union impacts treaties concluded among the Union's member states and 3rd states, either while it issues treaties concluded earlier than european club and treaties concluded after becoming a member of. Following a dialogue of the general public foreign legislations ideas on treaty clash, the writer analyzes the case-law of the eu court docket of Justice and examines how such conflicts are approached in nation perform.
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Example text
With article 103 of the UN Charter being a special case (it is the only treaty provision in force which claims priority for the treaty which contains it), the leading example of such a provision is article 307 TEC, and it is the analysis of that provision that will be the point of departure to the third part of this study. Article 307 regulates, albeit not with finality, the relations between EU member states and other states. From the perspective of the EU member state, article 307 tells it what to do in case an obligation under EU law is incompatible with an obligation under another treaty.
I am not trying to sell a certain conception of article 30 of the Vienna Convention to states and other actors in the hope that they will henceforth apply article 30 in the manner prescribed by me. Indeed, I am fairly convinced that no single prescription is open, and my main interest in the first part of the book is to try to figure out why precisely that is the case: why is it that, in certain cases, the Vienna Convention does not offer a solution to treaty conflict. Hence, my aim is academic (coming to understand the world around me) rather than normative (coming to influence the world around me).
Treaty conflict is, typically, conflict about higher values; indeed, where it is not about values but merely about coordination problems, it can usually easily be solved. Treaty conflict may not originate in a clash of values (many conflicting obligations may result from ministries working, unbeknown to each other, at cross-purposes), but it will typically end up that way. Should trade be encouraged (giving effect to a trade agreement) even at the expense of the environment (giving effect to an environmental obligation)?