Trade and Competition Law in the EU and Beyond
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Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.
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Chapter 16: The Court of Justice and Unrecognized Entities under International Law

Pieter Jan Kuijper


Pieter Jan Kuijper 16.1 INTRODUCTION Jacques Bourgeois was a mentor to many in the Legal Service of the Commission in the early 1980s – a status that did not rest on any formal arrangement. It was simply a matter of fact that, especially as a young Dutch-speaker in the Service, you inevitably gravitated towards this jovial and generous person for legal and personal counsel from time to time. Moreover, because of our temperaments and the force of circumstances we were professionally interested in the same issues, in particular competition and trade policy. And, within those fields, we suffered from the same fatal attraction to issues with a high political content.1 1 A good example was the Siberian pipeline issue. Nordstream, Nabucco and Southstream, the controversial pipelines of today, had their antecedent in the Siberian gas pipeline of the early 1980s, despised by the Reagan administration as creating a dangerous dependence of western Europe on USSR gas deliveries. Accordingly the pipeline project was subjected to US export controls that not only curtailed US exports of oil and gas technology, but also purported to impede extraterritorially any such exports from the European Economic Community, as it then was, to the ‘Soviet bloc’. This was considered unacceptable in the Community and soon Jacques and I were attending meetings of a special Council working group on the issue. Here the idea ripened that the Community might send a legal memorandum on the illegality of such extraterritorial export controls under international law to the United States,...

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