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The European Union and International Dispute Settlement

Edited by: Marise Cremona, Anne Thies, Ramses A. Wessel

ISBN13: 9781509903238
Published: September 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

Despatched in 3 to 5 days.

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+ £13.50 VAT

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.

EU Law, Arbitration and Dispute Resolution
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