EU Liability and International Economic Law

European Union Law › International Law

EU Liability and International Economic Law

By Armin Steinbach
Hart Publishing June 2017

Specifications

ISBN-13
9781509901593
Publisher
Hart Publishing
Publication
June 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The book provides both a legal and economic assessment of an increasingly important question for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international trade law.

The issue is timely and topical, as evidenced by the increased number of dispute settlement judgments rendered under World Trade Organization law. This increase in claims means retaliation and incurrence of damages is a material risk faced by companies. In the wider context, the subject raises the question about the effect of international law in the EU legal order and whether violations of international law result in EU liability.

By providing both a rigorous case law examination and an economic analysis of the issue, it clearly sets out the EU's liability for any transgressions. Moreover, it also looks at the field of international dispute settlement, which is a key element when securing a remedy for damages.

Table of Contents

Part One: EU Liability and Violations of WTO law
1. Analytical Preliminaries
2. The Lack of Direct Effect of DSB Rulings
3. Dispensability of Direct Effect for EU Liability
4. DSB Ruling and the Protection of Individual Rights
5. Identifiability of an Individual Right
6. Further Liability Requirements
7. Damage Claims and Fundamental Rights

Part Two: Economic Analysis of Liability for WTO Violations
8. Analytical Foundations
9. Compensation of Financial Losses and Over-deterrence
10. Liability Rule and Incentives

Part Three: EU Liability and Investment Treaties
11. Introduction
12. Responsibility of Union and Member States for Breaches of Mixed Investment Agreements
13. Internal Allocation of Financial Responsibility within the EU
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