ABOVE ALL IN RELATION TO THE COMMUNITY WHICH HAS ASSUMED RESPONSIBILITY FOR THE DUE PERFORMANCE OF THE AGREEMENT . THAT IS WHY THE PROVISIONS OF SUCH AN AGREEMENT , AS THE COURT HAS ALREADY STATED IN ITS JUDGMENT OF 30 APRIL 1974 IN CASE 181/73 HAEGEMAN ( 1974 ) ECR 449 , FORM AN INTEGRAL PART OF THE COMMUNITY LEGAL SYSTEM .
14 IT FOLLOWS FROM THE COMMUNITY NATURE OF SUCH PROVISIONS THAT THEIR EFFECT IN THE COMMUNITY MAY NOT BE ALLOWED TO VARY ACCORDING TO WHETHER THEIR APPLICATION IS IN PRACTICE THE RESPONSIBILITY OF THE COMMUNITY INSTITUTIONS OR OF THE MEMBER STATES AND , IN THE LATTER CASE , ACCORDING TO THE EFFECTS IN THE INTERNAL LEGAL ORDER OF EACH MEMBER STATE WHICH THE LAW OF THAT STATE ASSIGNS TO INTERNATIONAL AGREEMENTS CONCLUDED BY IT . THEREFORE IT IS FOR THE COURT , WITHIN THE FRAMEWORK OF ITS JURISDICTION IN INTERPRETING THE PROVISIONS OF AGREEMENTS , TO ENSURE THEIR UNIFORM APPLICATION THROUGHOUT THE COMMUNITY .
15 THE GOVERNMENTS WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT DO NOT DENY THE COMMUNITY NATURE OF THE PROVISIONS OF AGREEMENTS CONCLUDED BY THE COMMUNITY . THEY CONTEND , HOWEVER , THAT THE GENERALLY RECOGNIZED CRITERIA FOR DETERMINING THE EFFECTS OF PROVISIONS OF A PURELY COMMUNITY ORIGIN MAY NOT BE APPLIED TO PROVISIONS OF A FREE-TRADE AGREEMENT CONCLUDED BY THE COMMUNITY WITH A NON-MEMBER COUNTRY .
16 IN THAT RESPECT THE GOVERNMENTS BASE THEIR ARGUMENTS IN PARTICULAR ON THE DISTRIBUTION OF POWERS IN REGARD TO THE EXTERNAL RELATIONS OF THE COMMUNITY , THE PRINCIPAL OF RECIPROCITY GOVERNING THE APPLICATION OF FREE-TRADE AGREEMENTS , THE INSTITUTIONAL FRAMEWORK ESTABLISHED BY SUCH AGREEMENTS IN ORDER TO SETTLE DIFFERENCES BETWEEN THE CONTRACTING PARTIES AND SAFEGUARD CLAUSES ALLOWING THE PARTIES TO DEROGATE FROM THE AGREEMENTS .
17 IT IS TRUE THAT THE EFFECTS WITHIN THE COMMUNITY OF PROVISIONS OF AN AGREEMENT CONCLUDED BY THE COMMUNITY WITH A NON-MEMBER COUNTRY MAY NOT BE DETERMINED WITHOUT TAKING ACCOUNT OF THE INTERNATIONAL ORIGIN OF THE PROVISIONS IN QUESTION . IN CONFORMITY WITH THE PRINCIPLES OF PUBLIC INTERNATIONAL LAW COMMUNITY INSTITUTIONS WHICH HAVE POWER TO NEGOTIATE AND CONCLUDE AN AGREEMENT WITH A NON-MEMBER COUNTRY ARE FREE TO AGREE WITH THAT COUNTRY WHAT EFFECT THE PROVISIONS OF THE AGREEMENT ARE TO HAVE IN THE INTERNAL LEGAL ORDER OF THE CONTRACTING PARTIES . ONLY IF THAT QUESTION HAS NOT BEEN SETTLED BY THE AGREEMENT DOES IT FALL FOR DECISION BY THE COURTS HAVING JURISDICTION IN THE MATTER , AND IN PARTICULAR BY THE COURT OF JUSTICE WITHIN THE FRAMEWORK OF ITS JURISDICTION UNDER THE TREATY , IN THE SAME MANNER AS ANY QUESTION OF INTERPRETATION RELATING TO THE APPLICATION OF THE AGREEMENT IN THE COMMUNITY .
18 ACCORDING TO THE GENERAL RULES OF INTERNATIONAL LAW THERE MUST BE BONA FIDE PERFORMANCE OF EVERY AGREEMENT . ALTHOUGH EACH CONTRACTING PARTY IS RESPONSIBLE FOR EXECUTING FULLY THE COMMITMENTS WHICH IT HAS UNDERTAKEN IT IS NEVERTHELESS FREE TO DETERMINE THE LEGAL MEANS APPROPRIATE FOR ATTAINING THAT END IN