Costa
v.
ENEL
[1964] ECR 585, 593;
Commission
v.
Council
[1971] ECR 263, 274;
Kramer
[1976] ECR 1279, 1308 and
Protection of Nuclear Materials
[1978] ECR 2151,
2179;
The Oxford Encyclopaedia of European Community Law
(ed. A. Toth), Oxford, 1991,
p. 351; D. Lasok and J. Bridge,
Law and Institutions of the European Union
(ed. P. Lasok),
6th edn, London, 1994, chapter 2, and S. Weatherill and P. Beaumont,
EU Law
, 3rd edn,
London, 1999. See also A. Peters, ‘The Position of International Law Within the European
Community Legal Order’, 40 German YIL, 1997, p. 9, and D. Chalmers and A. Tomkins,
European Union Public Law
, Cambridge, 2007.
230
Van Gend en Loos
v.
Nederlandse Administratie des Belastingen
[1963] ECR 1.
242
i n t e r nat i o na l l aw
unlikely that the co-operative processes involved in the additional two
pillars are so endowed.
231
The European Community has the power to
conclude and negotiate agreements in line with its external powers, to be-
come a member of an international organisation and to have delegations
in non-member countries. However, the Treaty on European Union con-
tained no provision on the legal personality of the Union. The Union does
not have institutionalised treaty-making powers, but is able to conclude
agreements through the Council of the European Union or by asserting
its position on the international stage, especially in connection with the
Common Foreign and Security Policy. However, article 55 of the Treaty
of Lisbon, 2007 provides for the insertion into the Treaty on European
Union of a new article 46A, which expressly asserts that the European
Union has legal personality.
232
Conclusions
Whether or not the entities discussed above constitute international per-
sons or indeed states or merely part of some other international person
is a matter for careful consideration in the light of the circumstances of
the case, in particular the claims made by the entity in question, the facts
on the ground, especially with regard to third-party control and the de-
gree of administrative effectiveness manifested, and the reaction of other
international persons. The importance here of recognition, acquiescence
and estoppel is self-evident. Acceptance of some international personality
need not be objective so as to bind non-consenting states nor unlimited
as to time and content factors. These elements will be considered below.
It should, however, be noted here that the international community itself
also has needs and interests that bear upon this question as to interna-
tional status. This is particularly so with regard to matters of responsibility
and the protection of persons via the rules governing the recourse to and
conduct of armed conflicts.
233
231
See e.g. the Second Legal Adviser of the Foreign and Commonwealth Office, UKMIL,
63 BYIL, 1992, p. 660. But see also
Oppenheim’s International Law
, p. 20. Note also the
European Court of Justice’s
Opinion No. 1/94, Community Competence to Conclude Certain
International Agreements
[1994] ECR I-5276; 108 ILR, p. 225.
232
The Treaty of Lisbon, 2007 is not yet in force.
233
As to the specific regime established in the Antarctica Treaty, 1959, see below, p. 535. See
also below, p. 628, with regard to the International Seabed Authority under the Law of
the Sea Convention, 1982.
t h e s u b j e c t s o f i n t e r nat i o na l l aw
243
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