The European Union and International Dispute Settlement

by Marise Cremona, Anne Thies, Ramses A Wessel

Overview

This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.

This title is included in Bloomsbury Professional's International Arbitration online service.

Product Details

ISBN-13:	9781509903238
Publisher:	Bloomsbury Academic
Publication date:	09/07/2017
Pages:	320
Product dimensions:	6.14(w) x 9.21(h) x 0.75(d)

About the Author

Marise Cremona is Professor of European Law at the European University Institute, Florence.
Anne Thies is Associate Professor in Law at the University of Reading.
Ramses A Wessel is Professor of International and European Law and Governance at the University of Twente, Enschede.

Table of Contents

Preface v

Contributors ix

List of Abbreviations xi

1 Introduction Marise Cremona Anne Thies Ramses A Wessel 1

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 Million Ramses A Wessel 7

3 European Union and Dispute Settlement: Managing Proliferation and Fragmentation Esa Paasivirta 31

4 The European Union's Contribution to the Law on Standing and Jurisdiction in International Dispute Settlement Danae Azaria 55

5 Aspects of the EU's Responsibility in International Investment Disputes Catharine Titi 83

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 Alicja Sikora 101

7 The Not So Free Choice of EU Member States in International Dispute Settlement Tobias Lock 113

8 European Union Member States and State-State Arbitration: What's Left? Anne Thies 133

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 161

10 The Effects of International Dispute Settlement Decisions in EU Law Andrés Delgado Casteleiro 191

11 The Position of European Citizens in International Dispute Settlement Ernst-Ulrich Petersmann 213

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 237

13 The Unitary Patent and Unified Patent Court: Past, Present and Future Aurora Plomer 275

Index 293

Editorial Reviews

[A] well-structured and highly relevant compendium from an interesting mix of authors, both from the academic world and some specialized practitioners... I would recommend reading the book from A-Z ... as a must read for all EU-external relations aficionados.” —Frank Hoffmeister, Common Market Law Review

From the Publisher