Maclaine Watson and Co Ltd v. Council and Commission of the European Communities

Abstract

International organizations — Personality — Concept of international legal personality — Whether organization a legal entity distinct from its members — Whether members liable for debts incurred by the organization — International Tin Council — Sixth International Tin Agreement, 1982 — Membership — Participation of European Economic Community — Distribution of votes in Council — Whether EEC institutions liable for failure to control conduct of ITC

Relationship of international law and municipal law — Act of State and non-justiciability — Conduct of foreign relations — Role of the courts — Judicial control of governmental acts in the field of foreign affairs — Laws of the Member States of the European Economic Community — Whether general principle of judicial restraint common to the laws of the Member States — Conduct of foreign relations by institutions of the Community — Whether subject to judicial review — Participation in treaty and international organization by the Community

Treaties — Parties — Competence to conclude treaties — European Economic Community — Distribution of treaty-making power between Community and Member States — Mixed agreements — Whether subject to judicial control by Court of Justice of the European Communities — The law of the European Economic Community