'But the last word is ours' : the monopoly of jurisdiction of the court of justice of the European Union in light of the investment court system
License
Access Rights
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
0938-5428; 1464-3596
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European journal of international law, 2019, Vol. 30, No. 4, pp. 1187-1220
Cite
DE ABREU DUARTE, Francisco Miguel, ’But the last word is ours’ : the monopoly of jurisdiction of the court of justice of the European Union in light of the investment court system, European journal of international law, 2019, Vol. 30, No. 4, pp. 1187-1220 - https://hdl.handle.net/1814/70273
Abstract
This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (MU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial principle of autonomy of the European Union (EU) and its implications to the EU's external action. The work intends to be both pragmatic and analytical. On the one hand, the criteria are extracted as operative tools from the jurisprudence of the CJEU and then used in the context of the validity of the ICS. This provides the reader with some definitive standards that can then be applied to future cases whenever a question concerning autonomy arises. On the other hand, the article questions the reasons behind the idea of the monopoly of jurisdiction of the CJEU, advancing a concept of autonomy of the EU as a claim for power and critiquing the legitimacy and coherence of its foundations. Both dimensions will hopefully help to provide some clarity over the meaning of autonomy and the monopoly of jurisdiction, while, at the same time, promoting a larger discussion on its impact on the external action of the EU.
Table of Contents
Additional Information
First published online: 30 November 2019