Book Reviews Bourgeois, Jacques H.J., Jean-Louis Dewost and Marie-Ange Gaiffe (eds). La Communauté européenne et les accords mixtes: Quelles perspectives? Brussels: Presses Interuniversitaires européennes, 1997. Pp. 114. In this small ‘bilingual’ paperback the future of the phenomenon of mixed agreements, i.e., agreements with third countries or international organizations to which Member States are parties alongside one or more of the European Communities, is discussed. The booklet, based on a conference held by the College of Europe in Bruges, does not attempt to deal with all the problems arising from mixed agreements. As the title indicates, the text concentrates on broad aspects relating to the future of this phenomenon. The centrepieces of the book are without doubt the contribution by Ramon Torrent on a subject he refers to as ‘le quatrième pillier de l’Union Europeénne’ and the chapter by Jacques Bourgeois on ‘Mixed Agreements: A New Approach’. Worthy of note among the other contributions, which are however all of good quality, is the chapter by Christian Tomuschat, in which he raises the important question of ‘How to Handle Parallel Treaty-Making Powers of the Member States and their Territorial Subdivisions’. It is likely that the high quality and innovative ideas contained in the contributions by Torrent and Bourgeois will result in their becoming ‘classics’ in the evolving debate and in the literature on the topic. While Bourgeois vehemently argues for the elimination of mixed agreements, Torrent maintains that they can be used, as part of what is in effect a fourth pillar of the European Union, as an element of strength. Arguably, the inclusion of these powerful chapters alone warrants the publication of this booklet and its purchase by any respectable academic library holding a collection on the law and politics of the European Union. Even if the discussion comes too late for the IGC, the question of the desirability of mixity is still important when considering the question of straddling competences on a case-by-case basis. The shortcomings of the book relate to its length. The editors could have included additional chapters, for instance, on treaty-making procedures, on the effects of Community treaties as opposed to mixed agreements and on the perspectives of the different institutions and levels of government. In addition, views from third countries and international organizations could have been included. Whilst, as noted, the booklet comes too late to influence the revision of the Treaty on European Union, it does not contain a discussion of the relevant provisions of the Treaty of Amsterdam either, leaving undiscussed, notably, Article 133 (ex Article 113) and the provisions on the Treaty-making power of the Union. The amendments to the TEU proposed at Amsterdam are not of a nature, however, to affect the underlying discussion, nor do they diminish the quality of the contributions. Nanette Neuwahl Jean Monnet Professor of European Union Law The University of Liverpool
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