A Sovereign Going Abroad with Horse and Scepter. Public International Law Rules Are Not a Good Fit for European Reforms

The narrative concerning the 2018-20 negotiations on the ESM reform oscillates between invoking the special status of the European legal framework and making the standard reference to the traditional public international law rules on full powers to negotiate. The general legal framework used by States in dealing with a negotiation, even at the European level, and even on a sensitive matter such as a mechanism dealing with a common currency, is still the one based on the principle of sovereignty and designed by the 1969 Vienna Convention on the Law of Treaties. This presentation will investigate whether this legal framework is a good fit to accommodate all the issues that a truly European debate should include