A. Racke GmbH and Co. v. Hauptzollamt Mainz

Abstract

Economics, trade and finance — Trade concessions — Cooperation Agreement between the European Economic Community and its Member States and the Socialist Federal Republic of Yugoslavia — Suspension by the European Community in view of hostilities in Yugoslavia — Effect — Whether justifiable

International organizations — European Community — Status as subject of international law — Whether Community institutions bound by international law — Whether customary international law part of the Community legal order — Whether individual can challenge Community legislation as contrary to international law — United Nations — Security Council — Determination of threat to international peace and security — Resolution 713 (1991) concerning conflict in the Former Yugoslavia — Implications

International tribunals — Court of Justice of the European Communities — Judicial review of acts of Community institutions — Suspension of treaty by Council alleged to be contrary to rules of international law of treaties — Whether act reviewable — Standard of review — Review for manifest errors of assessment by Council

Relationship of international law and municipal law — Law of the European Community — Customary international law as part of Community legal order — Rules contained in the Vienna Convention on the Law of Treaties, 1969

Sources of international law — Treaties and customary international law — Vienna Convention on the Law of Treaties, 1969 — Whether stating rules of customary international law — Which provisions of Convention declaratory of custom

Treaties — Termination and suspension — Fundamental change of circumstances — Vienna Convention on the Law of Treaties, 1969, Articles 62 and 65 — Conditions — Exception to principle of pacta sunt servanda — Confined to exceptional circumstances — Suspension by European Community of Cooperation Agreement with the Socialist Federal Republic of Yugoslavia because of continued hostilities in Yugoslavia — Whether suspension justified by fundamental change of circumstances

War and armed conflict — Effects — Treaties — Fundamental change of circumstances — Whether armed conflict accompanying dissolution of State sufficient to justify suspension of trade and cooperation agreement — The law of the European Community