The European Union and International Dispute Settlement

Author: Marise Cremona; Anne Thies; Ramses A. Wessel
Publisher: Hart Publishing
ISBN: 9781509935116

Published In: January 2020
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509903238

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Description
Contents

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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 takes an innovative approach, focusing on horizontal/cross-cutting themes. This methodology allows for insights from all the different sectors from trade, investment and human rights. Moreover, as a collection of essays, it allows expert comment from academics, policymakers and practitioners in the field.

1. Introduction - Marise Cremona, Anne Thies and Ramses A. Wessel

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 Hillion and Ramses A Wessel

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

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

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

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 and Alicja Sikora

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

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

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

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

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

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

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