The European Union and International Dispute Settlement

Description

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. PREFACE Contents Contributors List Of Abbreviations 1 Introduction Part I: The European Union and International Dispute Settlement: 2 The European Union and International Dispute Settlement: Mapping Principles and Conditions I. Introduction II. The European Union and International Dispute Settlement III. Principles Underlying the EU"s (Non-)participation in IDS IV. Conclusions 3 European Union and Dispute Settlement: Managing Proliferation and Fragmentation I. Introduction II. Fragmentation and Proliferation Experiences in Different Settings III. Special Treaty Clauses as Means for Addressing the "External" and "Internal" Constraints on the EU"s International Action IV. Bilateral and Multilateral Frameworks Contain Different Potential for Handling Inter-systemic Issues V. Conclusion 4 The European Union"s Contribution to the Law on Standing and Jurisdiction in International Dispute Settlement I. Introduction II. Standing under Customary International Law III. Jurisdiction and Standing in Judicial and Quasi-Judicial Means of Settlement IV. Conclusions 5 Aspects of the EU"s Responsibility in International Investment Disputes I. Introduction II. The ILC Articles on the Responsibility of International Organizations and the lex specialis Rule III. Attribution According to the Financial Responsibility Regulation IV. Attribution According to the ILC Articles V. EU Responsibility Because of Aid or Assistance in the Commission of an Internationally Wrongful Act VI. EU Responsibility Due to Direction and Control Over the Commission of an Internationally Wrongful Act VII. EU Responsibility Due to Coercion of a State Regarding Commission of an Internationally Wrongful Act VIII. Applicability of the ILC Articles vis-à-vis Individuals IX. Other Questions of Responsibility: Responsibility of a Member State in Connection with the Conduct of the EU X. Conclusions Part II: Dispute Settlement Systems: Exclusive Jurisdiction 6 The Exclusive Jurisdiction of the Court of Justice of the European Union and the Unity of the EU Legal Order I. Introduction II. Between Openness towards International Law and the Court"s Monopoly over Interpretation of EU Law III. Between Monism of Principle and the Requirement of Direct Effect of International Norms as a Precondition in the Control of Validity of EU Legal Acts IV. Concluding Reflections 7 The Not So Free Choice of EU Member States in International Dispute Settlement I. Introduction II. The Exclusive Jurisdiction and Union Agreements III. Exclusive Jurisdiction and the CFSP IV. Exclusive Jurisdiction and Cases Against Third Countries V. The Relevance of These Findings Under International Law VI. Conclusion: The Not So Free Choice of EU Member States 8 European Union Member States and State-State Arbitration: What"s Left? I. Introduction II. Arbitration as a Means of IDS III. Legal Considerations from an EU Law Perspective IV. Arbitral Tribunals" Accommodation of Parties" EU Membership and Law V. Conclusion Part III: Implementation and Effects of IDS Rulings 9 International Rulings and the EU Legal Order: Autonomy as Legitimacy? I. Introduction II. Legitimacy, Autonomy and the Autonomy of EU Law III. IDS Mechanisms IV. Consequences of Participating in IDS V. Conclusions 10 The Effects of International Dispute Settlement Decisions in EU Law I. Introduction II. The Incorporation of IDS Decisions into EU Law III. The Direct Effect of IDS Decisions IV. Incorporation as Double Primacy? IDS Decisions and Their Primacy over EU and National Law V. Conclusions 11 The Position of European Citizens in International Dispute Settlement I. Introduction: Individuals and International Dispute Settlement II. Protecting Individual Rights in the Multilevel WTO Dispute Settlement System III. The EU"s Constitutional Requirement to Protect Citizens in IDS IV. From International to Multilevel Dispute Settlement in the EU"s External Relations Law? V. Conclusion: The EU"s "Cosmopolitan Foreign Policy Constitution" Requires "Protection of its Citizens" in IDS Part IV: The EU as a Party to International Dispute Settlement: 12 The EU and its Member States in WTO Dispute Settlement: A "Competence Model" or a Case Apart for Managing International Responsibility? I. Introduction II. EU/MS Joint Membership in WTO-Questions of Responsibility in Theory III. EU/MS International Responsibility in the WTO-A Controversial Issue in Practice? IV. EU/MS International Responsibility in the WTO-A Model or a Case Apart? V. Conclusions 13 The Unitary Patent and Unified Patent Court: Past, Present and Future I. Introduction II. The Origins of Patent Harmonisation in the European Union III. From Harmonisation to Unification: The New Hybrids in the EU Legal Order IV. The Fragmented and Uncertain Field of Applicable Laws V. Conclusion Index