Modern Studies In European Law Eu Liability And International Economic Law Hardcover

The book provides both a legal and economic assessment of an increasingly important issue for the eu: the question of whether individuals can hold the european union liable for damages they suffer due to its infringement of international economic law. However liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of wto law. By contrast international investment law has been designed in an individualistic manner from the outset States agree reciprocally to grant certain procedural and substantial individual rights which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from member states to the eu and the nature of investment agreements as mixed agreements. Against this backdrop exploring liability issues in the area of international economic law reveals a heterogeneous set of questions d... Brand: Hart Publishing Size: []

The book provides both a legal and economic assessment of an increasingly important issue for the eu: the question of whether individuals can hold the...show more