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 depending on the area of law concerned, thus
offering different perspectives for studying liability issues.
General
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