The European Union and the Peaceful Settlement of International Disputes

Abstract

Under its quasi-constitutional mandate to strive for the peaceful settlement of international disputes, the European Union (EU) acts as litigator and political mediator in diplomatic practice. Accordingly, this article presents the legal foundations and practical material where the Union litigated cases as a party before the World Trade Organization or UN Convention on the Law of the Sea dispute settlement bodies, or submitted amicus curiae briefs before international tribunals. It then recalls the EU’s contributions to conflict management through military, police, rule of law and border missions based on a request from the third party or the third parties involved. Moreover, the EU’s role in the conflicts between Russia and Georgia, in the Cyprus problem and in the Slovenia/Croatia border conflict is reviewed. The author concludes that there is ample evidence of relevant Brusselsbased practice supporting the principle of peaceful settlement of international disputes, as enshrined under Article 33 of the UN Charter. The fact that such practices stem from an international organization shows that the principle remains a major achievement of the global legal system, which encompasses all international actors.