The European Union and international dispute settlement

Abstract

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.