Sui Generis? The European Union as an International Organization

In Dennis Patterson (ed.), A Companion to European Union Law and International Law. Wiley-Blackwell. pp. 1–15 (2015)
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Abstract

This chapter first addresses the standard definition of international organizations and the theory of functionalism. Then, it examines why the status of international organization may be deemed attractive. Functionalism appears highly plausible when it suggests why international organizations are set up since, obviously, a single state will be unable to guarantee the accurate delivery of mail abroad or provide for collective security. The chapter also focuses on the European Union, which can be regarded as possessing international legal personality. The European Communities were all individually granted legal personality, and this was construed as including personality under international law. Functionalism finds its normative justification in the contribution of organizations to the common good, and the Court of Justice of the European Union's (CJEU), in similar spirit, has placed considerable weight on the public nature of the tasks of an international organization, both in SAT Fluggesellschaft and in Vardakas.

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