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The EU and the Rule of Law in International Economic Relations: An Agenda for an Enhanced Dialogue

The EU and the Rule of Law in International Economic Relations: An Agenda for an Enhanced Dialogue

Author: Andrea Biondi; Giorgia Sangiuolo
Publisher: Edward Elgar Publishing
ISBN: 9781839103346
Published In: October 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the ‘autonomy’ of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law.

Bringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them.

Scholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.

Foreword x

PART I. RULE OF LAW: BETWEEN AUTONOMY AND JUDICIAL DIALOGUE

1. The EU: Unifying or fragmenting force in international law? 2

Philippa Webb

2. Three years after Achmea: What is said, what is unsaid, and what could follow 14

Andrea Biondi and Giorgia Sangiuolo

3. Opinion 1/17 of the Court of Justice on the legality, under EU law, of the investor-to-state dispute settlement mechanism included in the CETA agreement. A case of legal pragmatism or the dawn of a new era? 37

Sonja Boelaert

4. Investment tribunals vis-à-vis national courts: Lessons on judicial dialogue from the EU 69

Urszula Jaremba and Giancarlo Piscitelli

5. The relationship between the Court of Justice of the European Union and international courts after Opinion 1/17 89

Ewa Żelazna

6. Settling disputes on TSD Chapters of EU FTAs: Recent trends and future challenges in the light of CJEU Opinion 2/15 107

Susanna Villani

PART II. PROMOTING DIALOGUE IN THE EU EXTERNAL ECONOMIC RELATIONS. DIALOGUE BY TREATY DRAFTING

7. The price for a seat at the ISDS reform table: CJEU’s clearance of the EU’s investment protection policy in Opinion 1/17 and its impact on the EU constitutional order 127

Steffen Hindelang

8. Draft EU-Swiss institutional agreement: Towards a new institutional paradigm? 154

Adam Łazowski

9. The role of treaty drafting in ensuring the binding nature and enforcement of international rulings handed down against States or international institutions: A comparison of EU and US case-law 180

Quentin Declève

10. The phasing-out of intra-EU BITs and the risk for the rule of law 194

Raymundo Tullio Treves

11. Unleash the liger: The nature of the investment court system and its impact on enforcement 213

Simon Weber

12. Human rights scrutiny under the EU Generalised Scheme of Preferences: The Uzbek cotton industry as a case study 238

Rosana Garciandia

13. New tendencies in Free Trade Agreement drafting: International financial standards in the EU Free Trade

Agreements 257

Elisa Longoni

PART III. INTERNATIONAL COURTS AND TRIBUNALS UPHOLDING THE RULE OF LAW

14. Some remarks on the contribution of UN courts and tribunals to the rule of law and the unity of international law 277