Kuijper, Pieter Jan --- "The Court of Justice and Unrecognized Entities under International Law" [2011] ELECD 784; in Govaere, Inge; Quick, Reinhard; Bronckers, Marco (eds), "Trade and Competition Law in the EU and Beyond" (Edward Elgar Publishing, 2011)

Book Title: Trade and Competition Law in the EU and Beyond

Editor(s): Govaere, Inge; Quick, Reinhard; Bronckers, Marco

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857935663

Section: Chapter 16

Section Title: The Court of Justice and Unrecognized Entities under International Law

Author(s): Kuijper, Pieter Jan

Number of pages: 19

Extract:

16. The Court of Justice and
unrecognized entities under
international law
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 ...