International Obligations of the EU and the Member States Under EU IIPAs
This chapter seeks to set out the incumbency of the international obligations under mixed and EU-only IIPAs. This issue is ultimately important for the international responsibility of the EU and the Member States: Being bound by an international obligation is a constituent element of international responsibility to arise. As Article 1 ARS and Article 3 ARIO make clear, international responsibility of a state or an international organisation requires an internationally wrongful act. Pursuant to Article 4(b) ARIO an internationally wrongful act of an international organisation consists of conduct attributable to an international organisation and ‘in breach of an obligation of that international organization’. Article 2(b) ARS equally requires a ‘breach of an international obligation of the state’. Thus, without the existence of an international obligation incumbent upon either the EU or a Member State there is, generally, no case for international responsibility for either one.