The European Union and international dispute settlement
Title: The European Union and international dispute settlement
Citation: Oxford ; Portland : Hart Publishing, 2017
ISBN: 9781509903238; 9781509903269; 9781509903245
This book is a collection of contributions on the international and EU law challenges the European Union faces as a party to international dispute settlement. The essays brought together in this book, in focusing on the participation of the EU and its Member States in international disputes (as claimant, respondent and third party), reflect the constitutional challenges facing the EU as a political actor and the CJEU as both an international and a domestic judiciary, from European and international law perspectives. On the one hand, the contributions show ways in which the EU has been participating in international dispute settlement (IDS) as a political actor, by contributing to the development of international dispute settlement through treaty-making, and in its capacity as claimant, respondent or third party in international cases. In this way the book presents the EU’s contribution to the development of international dispute settlement under international law, including the establishment of additional institutions and the position of individuals under EU and international law. On the other hand, the contributions highlight the insistence of the EU judiciary on the autonomy of the EU legal order and its role as ‘gatekeeper’ when dealing with the reception of international rulings and interaction with other international courts and tribunals. Thus, while the Union’s activities as a global actor increasingly lead to a need to participate in international dispute settlement, the Court of Justice of the European Union imposes constitutional barriers to allowing the involvement of other courts and tribunals in the interpretation and application of EU law. This book reveals the tension between the Union’s global ambitions and the preservation of its autonomous legal order.
Table of Contents:
1. Introduction, Marise Cremona, Anne Thies and Ramses A Wessel Part I: The European Union and International Dispute Settlement: Setting the Scene, Inside Out and Outside In 2. The European Union and International Dispute Settlement: Mapping Principles and Conditions, Christophe Hillion and Ramses A Wessel 3. European Union and Dispute Settlement: Managing Proliferation and Fragmentation, Esa Paasivirta 4. The European Union's Contribution to the Law on Standing and Jurisdiction in International Dispute Settlement, Danae Azaria 5. Aspects of the EU's Responsibility in International Investment Disputes, Catharine Titi Part II: Dispute Settlement Systems: Exclusive Jurisdiction of the Court of Justice of the European Union and the Principle of Free Choice of Means 6. The Exclusive Jurisdiction of the Court of Justice of the European Union and the Unity of the EU Legal Order, Niilo Jääskinen and Alicja Sikora 7. The Not So Free Choice of EU Member States in International Dispute Settlement, Tobias Lock 8. European Union Member States and State–State Arbitration: What's Left?, Anne Thies Part III: Implementation and Effects of IDS Rulings in the EU Legal Order 9. International Rulings and the EU Legal Order: Autonomy as Legitimacy?, Christina Eckes 10. The Effects of International Dispute Settlement Decisions in EU Law, Andrés Delgado Casteleiro 11. The Position of European Citizens in International Dispute Settlement, Ernst-Ulrich Petersmann Part IV: The EU as a Party to International Dispute Settlement: Case Studies 12. The EU and its Member States in WTO Dispute Settlement: A 'Competence Model' or a Case Apart for Managing International Responsibility?, Gracia Marín Durán 13. The Unitary Patent and Unified Patent Court: Past, Present and Future, Aurora Plomer