The Participation Of The Eu In International Dispute Settlement

The Participation Of The Eu In International Dispute Settlement Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Participation Of The Eu In International Dispute Settlement book. This book definitely worth reading, it is an incredibly well-written.

The Participation of the EU in International Dispute Settlement

Luca Pantaleo
The Participation of the EU in International Dispute Settlement Book PDF

Author : Luca Pantaleo
Publisher : Springer
Page : 176 pages
File Size : 49,6 Mb
Release : 2018-10-22
Category : Law
ISBN : 9789462652705

Get Book

The Participation of the EU in International Dispute Settlement by Luca Pantaleo Pdf

The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.

The European Union and International Dispute Settlement

Marise Cremona,Anne Thies,Ramses A Wessel
The European Union and International Dispute Settlement Book PDF

Author : Marise Cremona,Anne Thies,Ramses A Wessel
Publisher : Bloomsbury Publishing
Page : 481 pages
File Size : 41,9 Mb
Release : 2017-09-07
Category : Law
ISBN : 9781509903252

Get Book

The European Union and International Dispute Settlement by Marise Cremona,Anne Thies,Ramses A Wessel Pdf

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 focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners.

The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences

Plarent Ruka
The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non Conferred Competences Book PDF

Author : Plarent Ruka
Publisher : Springer
Page : 289 pages
File Size : 47,8 Mb
Release : 2017-05-11
Category : Law
ISBN : 9783319571775

Get Book

The International Legal Responsibility of the European Union in the Context of the World Trade Organization in Areas of Non-Conferred Competences by Plarent Ruka Pdf

This work focuses on the EU’s participation in the Dispute Settlement Proceedings (DSP) of the WTO for matters of non-conferred competences. The underlying thesis is that the joint membership of the EU and its Member States is fallacious, in that it could cause the EU to become responsible for violations of the WTO regulations on the part of the Member States. Such fallacies are rooted in the blurred nature of the distribution of powers in the EU polity.In order to tackle the issue of international responsibility, the analysis is based on the facts of a real-world case. Based on the tenets of public international law, the law of mixed agreements and the EU constitutional principles, the book puts forward a model for the EU’s participation in the DSP, and for the reallocation of burdens to the respective responsible entity. This proposition deconstructs the joint responsibility regime and endorses a solution that could address the issue of responsibility in mixed agreements without a declaration of powers.

The EU and its Member States’ Joint Participation in International Agreements

Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel
The EU and its Member States Joint Participation in International Agreements Book PDF

Author : Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 52,7 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509945887

Get Book

The EU and its Member States’ Joint Participation in International Agreements by Nicolas Levrat,Yuliya Kaspiarovich,Christine Kaddous,Ramses A Wessel Pdf

EU law has developed a unique and complex system under which the Union and its Member States can both act under international law, separately, jointly or in parallel. International law was not set up to deal with such complex and hybrid arrangements, which raise questions under both international and EU law. This book assesses how EU law has been adapted to cope with the constraints of international law in situations in which the EU and its Member States act jointly in relations with other States and international organisations. In an innovative scholarly approach, reflecting this duality, each chapter is jointly written by a team of two authors. The various contributions offer new insights into the tension that continues to exist between EU and international law obligations in relation to the (joint) participation of the EU and its Member States in international agreements.

EU Law and International Investment Arbitration

Michael De Boeck
EU Law and International Investment Arbitration Book PDF

Author : Michael De Boeck
Publisher : BRILL
Page : 525 pages
File Size : 50,5 Mb
Release : 2022-07-04
Category : Law
ISBN : 9789004501652

Get Book

EU Law and International Investment Arbitration by Michael De Boeck Pdf

EU Law and International Investment Arbitration thoroughly examines the compatibility of ISDS provisions in extra-EU BITs and the Energy Charter Treaty with the autonomy of EU law, and is a must read for all magistrates and investment practitioners involved in investment arbitrations in or with the EU, as well as for academics interested in the participation of the EU to international dispute resolution or the constitutional construction of the EU judicial system.

International Organizations and International Dispute Settlement: Trends and Prospects

Laurence Boisson de Chazournes,Cesare Romano,Ruth Mackenzie
International Organizations and International Dispute Settlement Trends and Prospects Book PDF

Author : Laurence Boisson de Chazournes,Cesare Romano,Ruth Mackenzie
Publisher : BRILL
Page : 307 pages
File Size : 40,5 Mb
Release : 2021-10-01
Category : Business & Economics
ISBN : 9789004479227

Get Book

International Organizations and International Dispute Settlement: Trends and Prospects by Laurence Boisson de Chazournes,Cesare Romano,Ruth Mackenzie Pdf

This book contains the thoughts of officials of international organizations and NGOs, member of judicial bodies, and academics on the role of international organizations and the settlement of contentious cases before international judicial bodies. The timely work will undoubtedly be of interest to practitioners and scholars who are involved in issues related to cases before international judicial bodies. Published under the Transnational Publishers imprint.

EU Cross-Border Commercial Mediation

Anna Howard
EU Cross Border Commercial Mediation Book PDF

Author : Anna Howard
Publisher : Kluwer Law International B.V.
Page : 340 pages
File Size : 50,7 Mb
Release : 2021-01-13
Category : Law
ISBN : 9789403518046

Get Book

EU Cross-Border Commercial Mediation by Anna Howard Pdf

Despite the growing national and international regulatory framework to support cross-border mediation, the use of such mediation appears to remain stubbornly low. This book focuses in particular on the European Union’s (EU’s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the lens of disputants, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation. The analysis of the insights provided by the disputants reveals, for example: the prominent role played by negotiation as a cross-border dispute resolution process; that negotiation is a key comparator for disputants when considering whether to use mediation; how the EU’s continued focus on understanding and presenting mediation as an alternative to litigation has resulted in measures which are insufficient to address fully the barriers to the use of mediation; intriguing barriers to the use of mediation which arise from the association which disputants draw between mediation and negotiation; how the relationship which disputants draw between mediation and negotiation paradoxically raises both opportunities for, and obstacles to, the increased use of mediation; and what disputants need in order to increase their use of cross-border mediation. The qualitative nature (by way of interviews) of the research conducted for this book has enabled the identification of nuanced and novel findings regarding mediation’s position and potential in cross-border dispute resolution. These findings, together with a detailed examination of the EU Directive on Certain Aspects of Mediation in Civil and Commercial Matters and the EU’s continued initiatives to foster the use of mediation, form the foundation upon which this book’s recommendations are built. Changing the frame to view the use of mediation through the disputants’ perspective, as this book does, provides the opportunity for the EU to promote cross-border mediation in a way which resonates more deeply with disputants and responds more fully to their concerns and needs. This thought-provoking book will be of interest not only to European and national bodies seeking to promote the use of mediation but clearly also to dispute resolution academics, in-house counsel, and of course mediators and dispute resolution practitioners in general.

China, the EU and International Investment Law

Yuwen Li,Tong Qi,Cheng Bian
China the EU and International Investment Law Book PDF

Author : Yuwen Li,Tong Qi,Cheng Bian
Publisher : Routledge
Page : 206 pages
File Size : 46,5 Mb
Release : 2019-11-11
Category : Business & Economics
ISBN : 9781000704891

Get Book

China, the EU and International Investment Law by Yuwen Li,Tong Qi,Cheng Bian Pdf

This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

New Frontiers for EU Investment Policy

Marc Bungenberg,August Reinisch
New Frontiers for EU Investment Policy Book PDF

Author : Marc Bungenberg,August Reinisch
Publisher : Springer
Page : 0 pages
File Size : 51,5 Mb
Release : 2023-12-21
Category : Law
ISBN : 3031419766

Get Book

New Frontiers for EU Investment Policy by Marc Bungenberg,August Reinisch Pdf

With the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the “internal” and “external” dimensions of EU investment policy has emerged, which constitutes the general topic of this book. Within these dimensions, additional – and sometimes contradictory – facets of the EU’s multi-layered approach to investment protection can be identified. On the one hand, EU investment policy is shifting toward a decentral approach when it comes to substantive standards of investment protection. On the other hand, the EU is following a multilateral approach with regard to procedural innovations in investor-State dispute settlement. In this EYIEL Special Issue, leading experts in the field discuss the latest developments with regard to the above-mentioned dimensions and facets, which reflect new trends and challenges for EU investment policy. Among others, the book discusses the EU’s participation in the reform process for the international investment regime, the emergence of central planning and decentral implementation of EU investment policy, the feasibility of an intra-EU investment court, the protection and enforcement of investment standards under EU law, and the suitability of mediation as an alternative to intra-EU investment arbitration.

The EU and the Rule of Law in International Economic Relations

Biondi, Andrea,Sangiuolo, Giorgia
The EU and the Rule of Law in International Economic Relations Book PDF

Author : Biondi, Andrea,Sangiuolo, Giorgia
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 54,9 Mb
Release : 2021-10-22
Category : Law
ISBN : 9781839103353

Get Book

The EU and the Rule of Law in International Economic Relations by Biondi, Andrea,Sangiuolo, Giorgia Pdf

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. 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 and the relationship between EU law and international law.

International Law and the European Union

Jed Odermatt
International Law and the European Union Book PDF

Author : Jed Odermatt
Publisher : Cambridge University Press
Page : 273 pages
File Size : 50,6 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781108841993

Get Book

International Law and the European Union by Jed Odermatt Pdf

International Law and the European Union addresses the public international law issues that arise from the European Union's international action.

Online Dispute Resolution for Consumers in the European Union

Pablo Cortés
Online Dispute Resolution for Consumers in the European Union Book PDF

Author : Pablo Cortés
Publisher : Routledge
Page : 283 pages
File Size : 42,8 Mb
Release : 2010-09-13
Category : Law
ISBN : 9781136943508

Get Book

Online Dispute Resolution for Consumers in the European Union by Pablo Cortés Pdf

Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

EU Trade Law

Rafael Leal-Arcas
EU Trade Law Book PDF

Author : Rafael Leal-Arcas
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 48,9 Mb
Release : 2019
Category : LAW
ISBN : 9781788977418

Get Book

EU Trade Law by Rafael Leal-Arcas Pdf

This comprehensive book provides a thorough analytical overview of the European Union’s existing law and policy in the field of international trade. Considering the history and context of the law’s evolution, it offers an adept examination of its common commercial policy competence through the years, starting with the Treaty of Rome up until the Treaty of Lisbon, as a background for understanding the EU’s present role in the World Trade Organization (WTO) framework.

Structural Principles in EU External Relations Law

Marise Cremona
Structural Principles in EU External Relations Law Book PDF

Author : Marise Cremona
Publisher : Bloomsbury Publishing
Page : 482 pages
File Size : 47,6 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781782259961

Get Book

Structural Principles in EU External Relations Law by Marise Cremona Pdf

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

Public Actors in International Investment Law

Catharine Titi
Public Actors in International Investment Law Book PDF

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 53,6 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

Get Book

Public Actors in International Investment Law by Catharine Titi Pdf

This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.