European Yearbook of International Economic Law 2023

The focus of volume 14 of the EYIEL is on “(Public) Procurement and Competition Law in European and International Economic Law”. It is testimony to the fact that areas of law originally perceived as purely economic are permeated by the challenges of society today and adapting to these by embracing innovation, promoting sustainability and social responsibility and including new values in their legal constitutions. Thus, the focus section provides a broad spectrum of contributions considering the interaction between (public) procurement law and WTO law, the role of RTAs, the inclusion of sustainability aspects as well as the influence recent development and challenges such as the Covid-19 pandemic and climate change have on public procurement and competition policy.

In its general section the EYIEL considers “Current Challenges, Developments and Events in European and International Economic Law”. It provides a cross-section of recent developments touching upon the Next Generation EU, food commodification, new regulatory approaches to geographical indications, the interaction between investment law and human rights as well as the newest developments with regard to Public-Private Partnership Legislation.

Part I – European and International (Public) Procurement and Competition Law: Government Procurement Derogation under GATT Article III(8)(a): Analysis of the Jurisprudence and Recommendations to Design WTO Consistent Industrial Policies by Ronjini Ray & Arnav Sharma.- Government Procurement Chapters in RTAs: Why the WTO Government Procurement Agreement is not Satisfactory? by Antoine Comont & Van Anh Ly.- Global Government Procurement Governance and the COVID-19 Pandemic by Marcia Don Harpaz & Hadas Peled.- Embracing Multiple Values in Government Procurement under Trade Agreements: Assessing the Contribution of the EU-Japan EPA by Takemasa Sekine.- The “In-State Exception” in Swiss Public Procurement Law: A Largely Unregulated Regulation by Rika Koch & Caroline Lehner.- Harnessing Interim Measures to Combat Digital Dominance in the EU by Tamta Margvelashvili & Solomon Bagashvili.- State Aid and Subsidy Control in EU’s PTAs: Variable Geometry and Intensity of Commitments by Marios Tokas.- The EU Model for International Competition Cooperation – Fighting International Competition Restrictions Beyond the Extraterritorial Application of the EU Competition Law Regime by Mareike Fröhlich.- Climate Change and Competition – How Can European Competition Law Promote Sustainability? by Sarah Legner.- Sustainable Public Procurement: A Knight Guarding the Global Green Recovery in the Post-Pandemic Era? by Xinyan Zhao.- The SOE’s Duopoly of Vietnam's Telecommunications Industry – Ally of the Country’s Development but Enemy to International Competition Law? by Nguy?n Hoàng Thái Hy & Tr?n Th? Thùy Duong.- Rocking the Contestability and Fairness Foundations: Multi-Level Governance and Trust Relations for Futureproofing the DMA’s Effectiveness by Alba Ribera Martínez.- PART II – Current Challenges, Developments and Events in European and International Economic Law: The Protection of the European Financial Interests in the Next Generation EU by Nicola Ruccia.- Food Commodification, WTO Rules and the Human Right to Food: Unsolved Discussions by Jorge Freddy Milian Gómez.- An Outlook of the European Union Strategy Regarding Geographical Indications by Lise Bernard-Apéré.- Humanising European Investors: BITs are Dead, Long Live the ECHR? A Look to RWE v. The Netherlands byAgata Daszko.- The Theoretical Framework for International and Regional Unification of the Public-Private Partnership Legislation Through Model Laws by Shaimerden Chikanayev.- PART III – Book Review: Joscha Müller, Reformhindernisse im internationalen Investitionsrecht by Markus P. Beham.

Jelena Bäumler is Professor of Public and International Law with a special focus on sustainability at the Leuphana University Lüneburg. She has been elected as Vice President of Leuphana University Lüneburg and is the programme director of the Erasmus Mundus Master of International Law of Global Security Peace and Development. She acts as Counsel and Advisor in various international proceedings and has been a visiting Professor in China, South Africa and New Zealand. Her research focuses on Public International Law, Trade Law and International Environmental Law.

Christina Binder is Professor for International Law and International Human Rights Law at the Bundeswehr University Munich since April 2017. Before, she was University Professor of International Law at the Department of European, International and Comparative Law at the University of Vienna. Christina was member of the Executive Board of the European Society of International Law (ESIL) 2014-2022 and also served as ESIL’s Vice-President. Her research focuses on a number of public international law issues, including human rights, the law of treaties, international investment law, democracy and political participation as well as international environmental law. She is co-editor of the Zeitschrift für Menschenrechte, the European Yearbook of International Economic Law and of the Hungarian Yearbook of International and European Law and has widely published, in edited volumes and in peer-reviewed journals.

Marc Bungenberg is Director of the Europa-Institut and Professor of public law, European law, public international law and international economic law as well as Director of the Europa-Institut and Jean Monnet Chair European Constitutional Framework of International Dispute Settlement and Rule of Law Saarland University in Germany (since 2015), visiting professor at the University of Lausanne/Switzerland (since 2011). He has taught at inter alia Sydney, Geneva, Lucerne, Lausanne, Taschkent, Copenhagen, Hamburg, Munich. He received his doctorate in law from the University of Hannover and wrote his habilitation treatise at the Friedrich-Schiller-University Jena. He holds an LL.M. from Lausanne University. His main fields of research are European (Common Commercial Policy, public procurement and state aid law) and international economic law, particularly international investment, raw materials and WTO law.

Markus Krajewski is University Professor at the University of Erlangen-Nürnberg and holds the Chair in Public Law and Public International Law. He is one of the programme directors of the MA in Human Rights and chairperson of the Interdisciplinary Research Centre for Human Rights Erlangen-Nürnberg (CHREN). He also chairs the Board of Trustees of the German Institute for Human Rights and is Secretary-General of the GermanBranch of the International Law Association.

Giesela Rühl is Professor of Private International Law and Comparative Law at Humboldt-University Berlin (Germany). She is the author and editor of numerous publications dealing with private international law and international civil procedure. She serves as the Secretary General of the European Association of Private International Law and is a member of various academic institutions including the European Law Institute, the European Academy of Sciences and Arts and the International Academy of Comparative Law.

Christian J. Tams is Professor of International Law at the Universities of Glasgow and Paris 1 (Panthéon Sorbonne) and currently serves as Vice-President of the European Society of International Law. His research focuses on public international law, with a focus on dispute settlement, State responsibility and investment protection. An academic member of Matrix Chambers London, Christian is regularly instructed by States, individuals and investors in proceedings before international courts and tribunals.

Jörg Philipp Terhechte is Professor for Public Law, European and International Law, Regulation and Competition Law at Leuphana University Lüneburg. He is managing director of the Leuphana Competition & Regulation Institute and since 2013 head of Leuphana’s Professional School. He was appointed vice-president of Leuphana University of Lüneburg in 2016. Since 2018 Terhechte is Professor for European and International Economic Law at the University of Glasgow and a Visiting Professor at St. Andrews in 2021 and 2022.

Andreas R. Ziegler is Professor of International Law at the University of Lausanne (Switzerland) and Director of its LLM Program in International Business Law as well as its Centre for Comparative, European and International Law. Previously he was a civil servant working for several Swiss Ministries