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Zusatztext Konstanze von Papp has done a remarkable job of taking us through this complicated high-stakes conflictual landscape. She has managed in an admirably slim book to address all aspects of the divisive EU-international arbitration relationship. Despite the slimness, the book is genuinely comprehensive, taking into account, virtually without exception, all the relevant case law and literature. It is also eminently readable. One need look nowhere else. I regularly teach courses on this subject and have encountered no work that comes close to achieving what von Papp has achieved. Informationen zum Autor Konstanze von Papp is Professor of Public and European Union Law at Hamburg University of Applied Sciences, Germany. Vorwort An analysis of the relationship between the European Union legal order and international arbitration. Zusammenfassung "Eminently readable. One need look nowhere else. I regularly teach courses on this subject and have encountered no work that comes close to achieving what von Papp has achieved."George A Berman, Columbia Law School, European Law Review This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the ‘privatisation of justice’.The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author then addresses the core problem of finding the limits to contracting out of the EU legal regime, both on a jurisdictional and a substantive level. This is then linked to the question of trust-building in legal outcomes of the relevant regimes. The book concludes with a short summary and key theses. Combining a theoretical and normative with a more pragmatic approach to very topical issues, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike. Inhaltsverzeichnis 1. Introduction I. The EU and International Arbitration in the International Legal System A. The EU as Supranational Entity B. International Arbitration as Part of International Law II. Restrictions on International Arbitration by the EU’s Judicial System A. The Role of the Court of Justice of the EU B. ‘Party Autonomy’ Challenged by EU Judicial Supremacy III. The Public/Private Divide A. Distinguishing Treaty-Based from Commercial Arbitration B. Contractual and Jurisdictional Theories of Arbitration IV. Privatisation of Justice within the EU? A. EU Law as Transnational Law B. The Doctrine of Non-Arbitrability in International Commercial Arbitration C. The Legitimacy Debate in Investment Treaty Arbitration D. Developing an EU Arbitral Model through Dialogue 2. The Nature of EU Law and International Arbitration IntroductionI. Theoretical Framework A. The Contribution of Regime Theory B. Core Insights from Systems Theory (i) The Legal System as a Functional Sub-System of the Social System (ii) The Autonomous Self-Reproduction of the Legal System (iii) Structural Coupling between the (Legal) System and its Environment (iv) Reducing Social Complexity through Trust C. The Primacy and Autonomy of EU Law Revisited (i) Self-Referential Nature of the EU (ii) Structural Coupling between EU and General International Law? D. Arbitration Agreements as Self-Validating Contracts? (i) The Self-Referential Nature of ICA and ITA (ii) Enforcing the Agreement to Arbitrate: Article II of t...
