The European Union and International Dispute Settlement

2002 ◽  
pp. 49-71
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
The European Union ◽  
International Dispute

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

AbstractWhile investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

Abstract While investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

The New Dispute Settlement:From the GATT to the WTO

1995 ◽  
Vol 8 (1) ◽  
pp. 115-133 ◽  
Author(s):  
Amelia Porges
Keyword(s):  
United States ◽  
European Union ◽  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
The European Union ◽  
New Era ◽  
International Dispute ◽  
The World ◽  
Settlement Of Disputes

On 30 December 1994 in Geneva, the four major players in world trade -the United States, the European Union, Japan, andCanada - accepted the Agreement Establishing the World Trade Organization (WTO Agreement).The entry into force of the Agreement on 1 January 1995 brings both expanded and improved trade rules and greatly improved enforcement. We have entered a new era in international dispute settlement. This brief article discusses the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 of the WTO Agreement, the negotiating process that led to it, and the implementation of the Understanding in the United States.

International Law and the European Union

2021 ◽  
Author(s):  
Jed Odermatt
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Settlement ◽  
The European Union ◽  
International Affairs ◽  
Public International Law ◽  
International Dispute ◽  
International Legal Order ◽  
The Impact ◽  
The Eu

The European Union plays a significant role in international affairs. International Law and the European Union examines the impact this has had on public international law by integrating perspectives from both EU law and international law. Its analysis focuses on fields of public international law where the EU has had an influence, including customary international law, the law of treaties, international organizations, international dispute settlement, and international responsibility. International Law and the European Union shows how the EU has had a subtle but significant impact on the development of international law and how the international legal order has developed and adjusted to accommodate the EU as a distinct legal actor. In doing so, it contributes to our understanding of how international law addresses legal subjects other than States.

EUROPEAN UNION IN WTO’S DISPUTE SETTLEMENT SYSTEM

2020 ◽  
Vol 4 (XX) ◽  
pp. 33-49
Author(s):  
Małgorzata Czermińska
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
The European Union ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
Dispute Settlement System ◽  
Trade Conflicts ◽  
Settlement Mechanism ◽  
Descriptive Method

The World Trade Organisation (WTO) serves as a forum for co-operation, currently for as many as 164 countries, and in addition, it allows for the resolution, also amicably, of trade conflicts between parties, consequently, settling disputes between them. One of essential provisions of the Uruguay Round (UR) of the General Agreement on Tariffs and Trade (GATT) included the introduction of a new dispute settlement mechanism, that is to say, the Dispute Settlement Understanding (DSU), which became effective on 1 January 1995. Member States of the European Union were not only actively involved in developing the rules of the international trade system, but they also influenced, to a large extent, the form of both such rules and of ongoing trade negotiations, as well as they assumed and still assume responsibility for the final arrangements. Hence, their role in the multilateral trade system is both active and passive. This paper aims to demonstrate the functioning of the WTO’s dispute settlement mechanism and show the role which the European Union serves in this system. The Article employs an analytical and descriptive method. It draws on sources from the national and international literature and WTO’s databases.

European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China – Recourse to Article 21.5 of the DSU by China (EC–Fasteners (China) (Article 21.5–China), DS397)

2016 ◽  
Vol 15 (4) ◽  
pp. 703-705 ◽  
Author(s):  
Geoffrey Carlson
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
The European Union ◽  
Antidumping Duties

This compliance proceeding under Article 21.5 of the Dispute Settlement Understanding (DSU) concerned measures taken by the European Union to implement the recommendations and rulings of the Dispute Settlement Body (DSB) in EC–Fasteners (China). In EC–Fasteners (China), the DSB found, inter alia, that a European Communities measure imposing definitive antidumping duties on imports of certain iron or steel fasteners from China was inconsistent with certain aspects of the Anti-Dumping Agreement (ADA). The European Union's measures taken to comply with the recommendations and rulings of the DSB consisted, inter alia, of an anti-dumping review investigation regarding fasteners from China (the Review Investigation) conducted by the Commission of the European Union (the Commission). The conduct of the Commission in the Review Investigation was the focus of this compliance proceeding.

Sign in / Sign up

Export Citation Format

Share Document