EU and the Rule of Law in International Economic Relations

Edited by Andrea Biondi, Professor of European Union Law and Co-Director, Centre of European Law, King’s College London, UK and Advocate General in the Court of Justice of the European Union and Giorgia Sangiuolo, Legal Adviser, Department for International Trade, Government Legal Department and Fellow of the Centre of European Law, King’s College London, UK

• Contents:Foreword xPART I RULE OF LAW: BETWEEN AUTONOMY ANDJUDICIAL DIALOGUE1 The EU: Unifying or fragmenting force in international law? 2Philippa Webb2 Three years after Achmea: What is said, what is unsaid,and what could follow 14Andrea Biondi and Giorgia Sangiuolo3 Opinion 1/17 of the Court of Justice on the legality,under EU law, of the investor-to-state dispute settlementmechanism included in the CETA agreement. A case oflegal pragmatism or the dawn of a new era? 37Sonja Boelaert4 Investment tribunals vis-à-vis national courts: Lessons onjudicial dialogue from the EU 69Urszula Jaremba and Giancarlo Piscitelli5 The relationship between the Court of Justice of theEuropean Union and international courts after Opinion 1/17 89Ewa Żelazna6 Settling disputes on TSD Chapters of EU FTAs: Recenttrends and future challenges in the light of CJEU Opinion 2/15 107Susanna VillaniPART II PROMOTING DIALOGUE IN THE EUEXTERNAL ECONOMIC RELATIONS.DIALOGUE BY TREATY DRAFTING7 The price for a seat at the ISDS reform table: CJEU’sclearance of the EU’s investment protection policy inOpinion 1/17 and its impact on the EU constitutional order 127Steffen Hindelang8 Draft EU-Swiss institutional agreement: Towards a newinstitutional paradigm? 154Adam Łazowski9 The role of treaty drafting in ensuring the binding natureand enforcement of international rulings handed downagainst States or international institutions: A comparisonof EU and US case-law 180Quentin Declève10 The phasing-out of intra-EU BITs and the risk for the rule of law 194Raymundo Tullio Treves11 Unleash the liger: The nature of the investment courtsystem and its impact on enforcement 213Simon Weber12 Human rights scrutiny under the EU Generalised Schemeof Preferences: The Uzbek cotton industry as a case study 238Rosana Garciandia13 New tendencies in Free Trade Agreement drafting:International financial standards in the EU Free TradeAgreements 257Elisa LongoniPART III INTERNATIONAL COURTS ANDTRIBUNALS UPHOLDING THE RULE OF LAW14 Some remarks on the contribution of UN courts andtribunals to the rule of law and the unity of international law 277Fausto Pocar15 Old stage, new actors: The PCA as a platform for anevolving rule of law 288Hugo H. Siblesz16 WTO dispute settlement: A curse or a bliss in internationaltrade relations? 300Federico Ortino17 Judicial protection in the EEA 311Frank J. Büchel and Carsten ZatschlerIndex 333

‘The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union’s Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora’s Box I have come across.’