The not so free choice of EU member states in international dispute settlement

Tobias Lock

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

The chapter examines the exclusive jurisdiction of the Court of Justice from the perspective of the Member States. It is argued that while the Member States have not lost their ‘sovereignty’ to bring such cases before other fora, their freedom to choose the way in which they settle international legal disputes (with an EU dimension) has been limited. It is argued that this is even so in some areas in which the CJEU itself would not be competent to hear a case, for instance the CFSP. Moreover, international courts are in a position to divest themselves of disputes between Member States contrary to EU law.
Original languageEnglish
Title of host publicationThe European Union and International Dispute Settlement
EditorsMarise Cremona, Anne Thies, Ramses A Wessel
PublisherHart Publishing
Pages113-132
Edition1st
ISBN (Print)9781509903238
Publication statusPublished - 7 Sep 2017

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