This article focuses on recent developments with regard to the mechanisms for international dispute settlement which the EU has accepted or in some instances promoted, or which in any case are of direct relevance for the EU. As a preliminary question, the case law of the European Court of Justice concerning the compatibility of international dispute settlement mechanisms will be analysed. The article then provides an overview of such mechanisms included in multilateral and bilateral agreements concluded by the EU, with a particular emphasis on recent bilateral trade and cooperation agreements. The last parts of the article look at specific institutional problems such as the question of the representation of the EU before international dispute settlement mechanisms, and the special challenges posed by investment disputes and, in this context, investor-to-state dispute settlement (ISDS), including ISDS mechanisms in bilateral investment agreements concluded between the EU Member States.
Dr Jur, Dr Jur hc, Dr PolSc hc; Judge at the European Court of Justice (since 2002); Senior Fellow of the University of Turku; Fellow of the Robert Schuman Institute for European Affairs, University of Luxembourg; Visiting Professor, College of Europe and University of Helsinki. Email: Allan.Rosas@curia.europa.eu. The author wishes to thank Mr Samuel Buyoya, LLB (Hons), LLM (Bruges), barrister, former trainee in his Chambers, for his much appreciated assistance.
|ScienceOpen disciplines:||Social law, International & Comparative law, General law, Commercial law & legal protection, Law, Public law|