Overview

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.

Full Product Details

Author:   Andrea Biondi ,  Giorgia Sangiuolo
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781839103346

ISBN 10:   1839103345
Pages:   368
Publication Date:   22 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 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 Fausto Pocar 15 Old stage, new actors: The PCA as a platform for an evolving rule of law 288 Hugo H. Siblesz 16 WTO dispute settlement: A curse or a bliss in international trade relations? 300 Federico Ortino 17 Judicial protection in the EEA 311 Frank J. Büchel and Carsten Zatschler Index 333

Reviews

'The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union's Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora's Box I have come across.' - Bruno Simma, Judge, Iran-United States Claims Tribunal, and former Judge, International Court of Justice, The Hague

'The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union's Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora's Box I have come across.' - Bruno Simma, Judge, Iran-United States Claims Tribunal, and former Judge, International Court of Justice, The Hague

Author Information

Edited by Andrea Biondi, Professor of EU Law and Director, Centre of European Law, King’s College London and Academic Associate, 39 Essex Chambers and Giorgia Sangiuolo, Legal Adviser, Department for International Trade, Government Legal Department and Fellow of the Centre of European Law, King’s College London, UK

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