EEC Sanctions against South Africa: The Common Commercial Policy and Delimination of the EEC's Powers
![handle is hein.journals/bcic10 and id is 125 raw text is: EEC Sanctions Against South Africa: The
Common Commercial Policy and Delimitation of
the EEC's Powers
I. INTRODUCTION
On September 16, 1986, the nations of the European Economic Community
(EEC) reached an agreement involving a variety of sanctions to be imposed by
the EEC against South Africa. The agreement included bans on new investments
in South Africa, on imports of South African gold coins, or Krugerrands, and
on iron and steel products. From a practical standpoint this package of sanctions
was almost entirely symbolic.' If the package had included a ban on coal imports,
as originally intended, it would have had a much more substantial effect. This
is due to the fact that South Africa exports two-thirds of its coal to the EEC.2
Initially the proposed sanctions agreement included a ban on coal imports.5
The EEC however, removed the measure when West Germany, backed by
Portugal, refused to support a ban on coal imports.4
Regardless of the effectiveness of the sanctions agreement, it raises issues
concerning a Member State's power in areas where the EEC has already acted.
This Note will examine whether a Member State may impose unilateral sanctions
on South Africa despite the fact that the EEC has already acted in that regard.
Initially, the Note will analyze the Treaty of Rome.5 Next it will focus on an
interpretation of Article 113 of the Treaty of Rome. Generally, Article 113
contains the objective of a common commercial policy. The Note will also look
at the exclusivity of the EEC's ability to act, and whether Member States are to
have concurrent powers.
II. TREATY OF ROME
In 1957, the Treaty of Rome established the basic structure of the EEC. A
central objective of the Treaty, as presented in Article 2, is the harmonious
I No Fire from Kohl, THE ECONOMIST. Sept. 20, 1986, at 57.
21d.
3 Id.
41Id.
STreaty Establishing the European Economic Community, done at Rome, March 25, 1957, 298
U.N.T.S. 3 [hereinafter Treaty of Rome].](ViewImageLocal?handle=hein.journals/bcic10&div=11&collection=&method=preview&ext=.png&size=3)
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EEC Sanctions against South Africa: The Common Commercial Policy and Delimination of the EEC's Powers
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