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

Tobias Lock

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

Tobias Lock

Research output: Chapter in Book/Report/Conference proceeding › Chapter (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 language	English
Title of host publication	The European Union and International Dispute Settlement
Editors	Marise Cremona, Anne Thies, Ramses A Wessel
Publisher	Hart Publishing
Pages	113-132
Edition	1st
ISBN (Print)	9781509903238
Publication status	Published - 7 Sep 2017

Cite this

@inbook{acd0f995d92642df8b39335397e14711,

title = "The not so free choice of EU member states in international dispute settlement",

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 {\textquoteleft}sovereignty{\textquoteright} 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.",

author = "Tobias Lock",

year = "2017",

month = sep,

day = "7",

language = "English",

isbn = "9781509903238",

pages = "113--132",

editor = "Marise Cremona and Anne Thies and Wessel, {Ramses A}",

booktitle = "The European Union and International Dispute Settlement",

publisher = "Hart Publishing",

address = "United Kingdom",

edition = "1st",

}

TY - CHAP

T1 - The not so free choice of EU member states in international dispute settlement

AU - Lock, Tobias

PY - 2017/9/7

Y1 - 2017/9/7

N2 - 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.

AB - 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.

UR - http://www.bloomsburyprofessional.com/uk/the-european-union-and-international-dispute-settlement-9781509903238/

M3 - Chapter (peer-reviewed)

SN - 9781509903238

SP - 113

EP - 132

BT - The European Union and International Dispute Settlement

A2 - Cremona, Marise

A2 - Thies, Anne

A2 - Wessel, Ramses A

PB - Hart Publishing

ER -

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

Abstract

Other files and links

Fingerprint

Cite this