Professor Panos Koutrakos

Call: 2014 | 1996 (Greece)

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    Education

    LLB; LLM; PhD

     

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    Introduction

    Professor Panos Koutrakos is a leading authority on EU law, who has written and advised in a wide range of issues, including trade and internal market law and, in particular, in those areas where EU law meets international law.

    He is a dual-qualified barrister (England & Wales, and Athens, Greece) and Professor of EU Law and Jean Monnet Professor of EU Law at City, University of London (since 2013; previous posts include Chair in EU law at the University of Bristol (2006-2013) and Durham University (2004-2006), as well as visiting posts at the Universities of Melbourne, Sydney, New South Wales, Iowa, Antwerp, and Michigan). His authority in EU Law is illustrated by numerous publications (including, amongst others, EU International Relations Law 2nd edition (2015) which is a leading text in the field) and his position as the joint editor of European Law Review, a pre-eminent journal in the field. He has given evidence to the European Parliament and the House of Commons. He speaks regularly at international conferences on EU and international law.

    • News
    • EU

      Professor Panos Koutrakos has advised:

      • a multinational company based in an EU Member State on defence procurement issues in another EU Member State
      • a machinery producer on the interpretation of EU rules on exports of dual-use items and technology
      • on the compatibility of domestic export rules and restrictions with EU law
      • a manufacturer of e-cigarettes
      • on the interpretation of EU tobacco legislation on the application of EU standardisation rules.

      Professor Koutrakos has also advised on and been involved in the judicial review in the EU’s Common Foreign and Security Policy (he acted for the plaintiff as junior counsel in Verica Tomanovic and others v EU and others [2019] EWHC 263 (QB)). He is currently representing private clients in judicial review before the General Court of the European Union.

      Cases

    • International arbitration

      Professor Panos Koutrakos is a leading authority on the relationship between EU law and international investment law. He has written widely on Bilateral Investment Treaties and the Energy Charter Treaty and their interactions with EU law, the EU law issues raised before arbitral tribunals, and the enforcement of arbitral awards before domestic courts. He has spoken about such issues at international conferences (amongst others, he has been invited to speak by the European Central Bank at its 2019 Legal Conference)

      His recent publications in the area include ‘The Autonomy of EU law and International Investment Arbitration (2019) 88 Nordic Journal of International Law 41-64, and ‘Managing interlegality: conceptualizing the EU’s interactions with international investment law’ in J Klabbers and G Palombella (eds), The Challenge of Interlegality (Cambridge: Cambridge University Press, 2019) 206-229.

    • Public international law, WTO & investment treaties

      Professor Panos Koutrakos is a leading authority in the areas where public international law, WTO law and international investment law meet EU law. He has advised on, amongst others, the post-Brexit status of international treaties that are binding on the UK pursuant to its EU membership. He has also given evidence on this topic at the House of Commons Foreign Affairs Committee and Environmental Audit Committee.

      Professor Koutrakos is the author of the leading work on the relationship between international law and EU law (EU International Relations Law, 2nd edition, Oxford: Hart Publishing, 2015) and has written widely on Bilateral Investment Treaties and the Energy Charter Treaty and their interactions with EU law, the EU law issues raised before arbitral tribunals, and the enforcement of arbitral awards before domestic courts. His recent publications in the area include ‘The Autonomy of EU law and International Investment Arbitration (2019) 88 Nordic Journal of International Law 41-64, and ‘Managing interlegality: conceptualizing the EU’s interactions with international investment law’ in J Klabbers and G Palombella (eds), The Challenge of Interlegality (Cambridge: Cambridge University Press, 2019) 206-229.

    • Public procurement

      Professor Koutrakos has been active in the area of defence procurement. He has advised a multinational company based in an EU Member State on the consistency with EU law of offsets required under legislation in another Member State and has been involved in arbitration proceedings acting as expert witness.

      He has written widely on defence procurement in the light of EU law (for instance, in books such as The EU Common Security and Defence Policy, Oxford University Press, 2013) and Trade, Foreign Policy and Defence in EU Constitutional Law (Hart Publishing 2001), as well as articles such as The application of EC law to defence-related industries—changing interpretations of Article 296 EC’ in Barnard and Odudu (eds), The Outer Limits of European Union Law (Hart Publishing, 2009) 307-3270.

    • Additional Information

      Professor Koutrakos is a regular speaker at conferences and workshops around the work on topics of EU law. These include the following:

      • King’s University London, 11 March 2016: Annual Conference on EU Law: paper on recent developments on EU external relations case-law.
      • University of Vienna, 7 March 2016: conference on Intra-EU BITs and intra-EU disputes:  paper on relevance of EU law for arbitral awards.
      • UK House of Commons, European Affairs Select Committee, 8 November 2015: invitation to give evidence on the implications of Brexit for the international treaties binding on the UK.
      • European Parliament: Joint session of Constitutional Affairs and Foreign Affairs Committees 13 October 2015 (invitation to speak and answer questions about constitutional and institutional potential still unused in the Lisbon Treaty concerning external action).
      • European Commission and Office of the National Assembly of Vietnam, 16-7 July 2015, Seminar on Legal Harmonisation in the Establishment of the ASEAN: Issues for Vietnam and Experiences from the EU (paper on harmonisation and EU law).
      • Finnish Ministry for Foreign Affairs, 25 May 2015, workshop by invitation only addressed to legal advisers and diplomats: paper on the effects of international law within the EU’s legal order.
      • University of Luxembourg, 24 November 2014, Conference on the legal order of the EU from the perspective of its external action: response to paper by Judge Miro Prek (of the EU’s General Court) on judicial review of international agreements.
      • University of Cambridge, 4-5 July 2014, Conference on Governance and Globalisation: paper on the EU’s contribution to the global security architecture,
      • University of Granada, Conference on EU External Action, 28-29 November 2013: paper on ‘EU Common Security and Defence Policy’
      • Annual Institute of European Law Lecture 2013, University of Birmingham, 26 November 2013: ‘The European Union in the World: the limits of law and the constraints of politics’
      • University of Helsinki, Martti Ahtisaari Academy Chair, 29-30 August 2013: Workshop on Controlling Global Governance
      • Maastricht University, 30-31 May, 2013: Flexibility and Disintegration in the EU: paper on ‘Flexibility and the EU’s foreign policy’
      • T.C. Beirne Law School, University of Queensland, March 2013: ‘A difficult child in an unhappy family: Europe’s security and defence policy’
      • International Law Association Seminar, University of Nottingham, 5 December 2012: ‘A difficult child in an unhappy family: Europe’s security and defence policy’.
      • University of Edinburgh, 8 December 2011, Workshop on The Principle of Market Access in EU Law.
      • University of Copenhagen, Conference on The Legal Dimension of Global Governance: What Role for the EU? 13-14 October 2011 – paper on the law of the EU’s defence policy.
      • University of Helsinki, Erik Castrén Institute of International Law and Human Rights – Summer School on International Law: ‘The EU, Kadi and After: The EU in the Global Legal Order, 15-26 August 2011: four lectures on the EU’s Security and Defence Policy.
      • Swedish Institute of European Policy Studies, Stockholm, 20-21 June 2011 – ‘The Common Foreign and Security Policy and the Common Security and Defence Policy in the light of the Lisbon Treaty’.
      • Centre for the Law of EU External Relations, Brussels 27 May 2011 – ‘The Impact of EU Law on the International Role of the Member States’
      • Centre for European Policy Studies, Brussels, 20-21 May 2010 – ‘Settlement of Property Disputes in the Cyprus conflict’.
      • UCL Faculty of Laws, 29 April 2010 – ‘The EU’s Foreign Affairs After the Lisbon Treaty’.
      • University of Sydney, St Paul’s College, 13 April 2010 – ‘The European Union on the International Scene’
      • University of Cambridge, 18-19 December 2009– Conference on A Constitutional Order of States (in Honour of Professor Alan Dashwood CBE) – ‘The Common Security and Defence Policy’.
      • European University Institute, Florence 29-30 May 2009 – Conference on Area of Freedom, Security and Justice – paper on interactions with other EU external policies (such as development and security).
      • University of Rome ‘La Sapienza’, 22-23 May 2009 – Conference on International Law as Law of the EU – paper on the effect of international treaties concluded by Member States under EU law.
      • Free University of Amsterdam, 24-25 April 2009 – Conference on Necessity Across International Law – paper on the development of EU regulation on defence industries
      • University of Sydney, 18 March 2009 – Public lecture on The International Role of the European Union.
      • University of Rotterdam, 9 October 2009 – Public lecture on EU Sanctions and Human Rights.
      • University of Oxford, Oxford University Centre for Business Taxation and Oxford Institute of  European and Comparative Law 3-4 October 2008 – Conference on ‘Prohibition of Abuse of Law – A New General Principle of EU Law? – paper on ‘Free movement of goods and the abuse of law test’.
      • University of Birmingham, 3-4 July 2008 – Conference on ‘The Next 50 Years: The Future of European Law and Policy’ – paper on ‘The European Union on the International Scene’.
      • University of Stockholm and Swedish Network for Research in European Law, 13-14 May 2008: Conference on ‘Multilateralism, Regionalism, Bilateralism and Fair World Trade – WTO and EU Perspectives’ – paper on ‘The position of WTO law in the EC legal order’.
      • University of Leiden, 9-10 May: Conference on ‘Mixed Agreements Revisited’ – paper on ‘The interpretation of mixed agreements by the European Court of Justice’)
      • University of Sydney, 9 April 2008: Public lecture on ‘The EU’s Common Foreign and Security Policy: Trends and Prospects’.
      • University of Cambridge, 21-22 September 2007: Roundtable Discussion on ‘The Outer Limits of the EC Treaty’ –paper entitled ‘The application of EC law to defence-related industries—changing interpretations of Article 296 EC’.
      • Stockholm International Peace Research Institute (SIPRI), 10-12 September 2007: Seminar on  ‘Investigating and prosecuting offences related to the illegal export of dual-use goods from the EU Member States’ – paper entitled ‘The Commission’s proposals on exports of dual-use goods and reliance upon criminal sanctions’.
      • University of Liverpool, 5-6 July 2007: Conference on ‘50 Years of the European Treaties: Looking Back and Thinking Forward’ –paper entitled  ‘Common Foreign and Security Policy: Thinking Forward’.
      • British Institute of International and Comparative Law, 46th London-Leiden Meeting, 30 June 2007: invitation to act as a commentator on the topic of the relationship between UN Law and EU Law.
      • University of Dundee, Srymgeour Seminar, 21 March 2007: ‘Common Foreign and Security Policy: between 50 years of integration and a moribund Constitution’.
      • European University Institute, Florence, Italy – Workshop on EU Foreign Affairs (10-11 November 2006): ‘Legal basis and competence in EU external relations’ (to be published in 2007).
      • Institute of Advanced Legal Studies, London (February 2006): Participation in round table discussion on ‘EU law, international law and economic sanctions: The judiciary in distress?’.
      • University of Iowa College of Law (USA) (May 2005): ‘Common Foreign and Security Policy of EU after the Constitutional Treaty’.
      • Queen’s University Belfast, School of Politics and International Studies (May 2004): ‘International agreements concluded by Member States prior to the accession to the European Union’.
      • University of Edinburgh (April 2004): ‘The external dimension of the internal market and the individual).
      • University of Nottingham (October 2003): ‘The European Union as a defence actor’.
      • H.G. Hart Workshop, London (June 2003): ‘When does diversity cease to be a weakness? The presence of the EU on the international scene’.
      • University of Cambridge (June 2003): ‘Health Care as a Service: the Role of the European Court of Justice’.
      • Queen’s University Belfast (March 2003): ‘The elusive quest for uniformity in EU external relations’.
      • University of Gothenburg, Sweden (January, 2003): ‘Which Policy for Which Europe? A Lawyer’s View of the EU Role in the New European Security Architecture’.
      • University of Cambridge (February 2002): ‘The elusive quest for uniformity in EC external relations’.
      • University of Leeds (September 1999): ‘The constitutional role of the European of Court Justice within the European Union’ – Society of Public Law Teachers Annual Conference.
      • University of Gothenburg, Sweden (April 1999): “Legal problems of the current regime on exports of dual-use goods”.

       

    • Publications

      Books (monographs)

      • EU International Relations Law (2nd edition, Oxford: Hart Publishing, 2015) lxiii + 579pp (1st edition, published in 2006, was funded by UK Arts and Humanities Research Council as research ‘of the highest quality’ and ‘as a matter of top priority’).
      • The EU Common Security and Defence Policy (Oxford: Oxford University Press, 2013) l + 318pp.
      • Trade, Foreign Policy and Defence in EU Constitutional Law (Oxford: Hart Publishing 2001) xxxi + 243 pp.

      Books (edited collections)

      • Research Handbook on the Common Foreign and Security Policy of the European Union (with S Blockmans) (Cheltenham: Edward Elgar Publishing, 2018), 545pp.
      • Research Handbook on the Law of the EU Internal Market (co-edited with J. Snell) (E Elgar Publishing, 2017) 560pp.
      • Exceptions from EU Free Movement Law: Derogations, justifications, and proportionality (co-edited with N. Nic Shuibhne and P. Syrpis) (Oxford: Hart Publishing, 2016) 360 pp.
      • The Law and Practice of Piracy at Sea – European and International Perspectives (co-edited with Skordas, Achilles), (Oxford: Hart Publishing, 2014) xl + 374 pp (published in paperback in 2015).
      • The International Responsibility of the European Union  – European and International Perspectives (co-edited with Malcolm Evans) (Oxford: Hart Publishing, 2013) x+372pp.
      • European Foreign Policy – Legal and Political Perspectives (sole editor) (Cheltenham: Edward Elgar Publishing, 2011) ix + 298pp.
      • Beyond the Established Orders – Policy interconnections between the EU and the Rest of the World (co-edited with Evans, Malcolm) (Oxford: Hart Publishing 2011) xii + 358 pp.
      • The European Union’s external relations a year after Lisbon (sole editor), Centre for the Law of EU External Relations Working Papers 2011/3 124pp.
      • Mixed Agreements Revisited -The EU and its Member States in the World (co-edited with Hillion, Christophe) (Oxford: Hart Publishing 2010) xxi + 396pp.

      Articles and chapters in books

      • ‘Managing interlegality: conceptualizing the EU’s interactions with international investment law’ in J Klabbers and G Palombella (eds), The Challenge of Interlegality (Cambridge: Cambridge University Press, 2019) 206-229.
      • ‘The EU’s competence to conclude trade agreements: the EU-Singapore Opinion’ in F Amtenbrink, G Davies, D Kochenov and J Lindeboom (eds), The Internal Market and the Future of European Integration (Cambridge: Cambridge University Press, 2019) 651-666.
      • ‘The Autonomy of EU law and International Investment Arbitration (2019) 88 Nordic Journal of International Law 41-64.
      • ‘Institutional Balance and Sincere Cooperation in Treaty-Making under EU Law’ (2019) 68 International and Comparative Law Quarterly 1-33.
      • ‘The nexus between CFSP and the Area of Freedom, Security and Justice’ in S Blockmans and P Koutrakos (eds), Research Handbook on the Common Foreign and Security Policy of the European Union (Cheltenham: Edward Elgar Publishing, 2018) 296-311.
      • ‘The European Union’ in M Bowman and D Kritsiotis (eds), The Modern Law of Treaties (Cambridge: CUP, 2018) 933-965.
      • ‘The Decision-making process in EU External Relations’ in T Tridimas and R Schütze (eds), The Oxford Principles of European Union Law – Vol. 1: The European Union Legal Order (Oxford: OUP, 2018) 1141-1173.
      • ‘Judicial Review in the EU’s Common Foreign and Security Policy’, (2018) 67 International and Comparative Law Quarterly 1-35.
      • ‘Foreign Policy between opt-outs and closer cooperation’ in B de Witte, A Ott and H Vos (eds), Between Flexibility and Disintegration: The State of EU law today (Cheltenham: E Elgar Publishers, 2017) 405-424.
      • ‘The European Union’s Common Foreign and Security Policy after the Treaty of Lisbon’, 2017:3 Swedish Institute for European Policy Studies 68pp.
      • ‘The Relevance of EU Law for Arbitral Tribunals: (Not) Managing the Lingering Tension’, (2016) Journal of World Trade and Investment 873-894.
      • ‘Public security justifications for deviations from EU free movement law’ in P Koutrakos, N Nic Shuibhne and P Syrpis, Exceptions from EU Free Movement Law: Derogations, justifications, and proportionality (Hart Publishing, 2016) 190-217.
      • ‘External Action: Common Commercial Policy, Common Foreign and Security Policy, Common Security and Defence Policy’ in Arnull, Anthony and Chalmers, Damian (eds), The Oxford Handbook on European Union Law (Oxford: OUP, 2015) 271-299.
      • ‘In Search of a Voice: EU law Constraints on Member States in International Law-making’ in Liivoja, Rain and Perman, Jaena (eds), International Law-Making – Essays in Honour of Jan Klabbers  (Abingdon: Routledge, 2014) 211-224.
      • ‘The European Union in the global security architecture’ in Wouters, Jan, Van Vooren, Bart and Blockmans, Steven, (eds), The Legal Dimension of Global Governance – What Role for the EU? (Oxford: OUP, 2013) 81-94.
      • ‘The interactions between the European Court of Justice and the legislature in the European Union’s external relations’ (co-written with De Baere, Gaert) in Syrpis, Phil (ed.), The relationship between the judiciary and the legislature in the internal market (Cambridge: Cambridge University Press, 2012) 243-273.
      • ‘The European Union’s common foreign and security policy after Lisbon’ in Ashiagbor, Diamond, Countouris, Nicola, Lianos, Ioannis, (eds), The European Union After the Treaty of Lisbon (Cambridge: Cambridge University Press, 2012) 185-209.
      • ‘International Agreements in the Area of the Common Security and Defence Policy’ in Cannizzaro, Enzo, Palchetti, Paolo and Wessel, Ramses. (eds), International Law as Law of the European Union (Leiden: Martinus Nijhoff, 2011) 157 – 187.
      • ‘The External Dimension of the Area of Freedom, Security and Justice and Other EU External Policies’ in Cremona, Marise, Monar, Jörg and Poli, Sara. (eds), The External Relations of the Area of Freedom, Security and Justice (Strasbourg: Presse Interuniversitaire Europeénne/Peter Lang, 2011) 139 – 162.
      • ‘The Emsland-Stärke test of abuse of law in the law of agriculture and free movement of goods’ in De La Feria, Rita and Vogenauer, Stefan (eds), Abuse of Law in EU Law (Oxford: Hart Publishing, 2011) 203-217.
      • ‘The Non-Proliferation Policies of the European Union’ in Evans, Malcolm and Koutrakos, Panos (eds), Beyond the Established Orders – Policy interconnections between the EU and the rest of the world (Oxford: Hart Publishing 2011) 249-272.
      • ‘The nexus between the European Union’s Common Security and Defence Policy and Development’ in Arnull, Anthony, Barnard, Catherine, Dougan, Michael and Spaventa, Eleanor (eds), A Constitutional Order of States: Essays in EU Law in Honour of Alan Dashwood (Oxford: Hart Publishing, 2011) 589-608.
      • ‘The role of law in Common Security and Defence Policy: functions, limitations and perceptions’ in Koutrakos, Panos (ed.), European Foreign Policy  – Legal and Political Perspectives (Cheltenham: Edward Elgar Publishing, 2011) 235-258.
      • ‘The concept of necessity in EU law’, (2010) 41 Netherlands Yearbook of International Law 193-217.
      • ‘The Interpretation of Mixed Agreements’ in C. Hillion and P. Koutrakos (eds), Mixed Agreements Revisited – The EU and its Member States in the World (Oxford: Hart Publishing 2010) 116-137.
      • ‘Current Developments in EU External Relations’, (2010) 59 International and Comparative Law Quarterly 481-489.
      • Annotation of Case C-205/06 Commission v Austria and Case C-249/06 Commission v Sweden (re: Bilateral Investment Treaties), (2009) 46 Common Market Law Review 2059-2076.
      • ‘The application of EC law to defence-related industries—changing interpretations of Article 296 EC’ in Barnard, Catherine and Odudu, Oke (eds), The Outer Limits of European Union Law (Oxford: Hart Publishing, 2009) 307-327.
      • ‘Common Foreign and Security Policy: Looking Back, Thinking Forward’ in Dougan, Micheel and Currie, Samantha (eds), 50 Years of the European Treaties: Looking Back and Thinking Forward (Oxford: Hart Publishing, 2009) 159-179.
      • ‘Primary law and policy in EU external relations – moving away from the big picture?’, (2008) 33 European Law Review 666-686.
      • ‘Legal Basis and Delimitation of Competence in EU External Relations’ in Cremona, Marise and De Witte, Bruno (eds), EU Foreign Relations Law – Constitutional Fundamentals (Oxford: Hart Publishing, 2008) 171-198.
      • ‘Security and Defence Policy within the Context of EU External Relations: Issues of Coherence, Consistency, and Effectiveness’ in Trybus, Martin and White, Nigel (eds), European Security Law (Oxford: Oxford University Press, 2007) 249-269.
      • Annotation on Case C-94/03 Commission v Council (re: Rotterdam Convention) and Case C-178/03 Commission v Parliament and Council (re: export of hazardous waste), (2007) 44 Common Market Law Review 171-194.
      • ‘The external dimension of the internal market and the individual’ in Nic Shuibhne, Niamh (ed.), Regulating the Internal Market (Cheltenham: Edward Elgar, 2006) 277-301.
      • ‘Healthcare as an Economic Service under EC Law’ in Dougan, Michael and Spaventa, Eleanor (eds), Social Welfare and EU Law (Oxford: Hart Publishing 2005) 105-130.
      • ‘Which policy for which Europe? – The emerging Security and Defence Policy of the European Union’ in Tridimas, Takis and Nebbia, Paolisa (eds), EU Law for the 21st Century: Rethinking the New Legal Order (Oxford: Hart Publishing, 2004) Vol. 1, 273-289.
      • Annotation on Case C-29/99 Commission v Council (re: Nuclear Safety Convention), (2004) 41 Common Market Law Review 191-208.
      • ‘Constitutional idiosyncrasies and political realities: the emerging defence policy of the European Union’, (2003) 10 Columbia Journal of European Law 69-96.
      • “‘I Need to Hear You Say It’ – Revisiting the scope of the Common Commercial Policy”, (2003) 22 Yearbook of European Law
      • ‘How far is far enough? EC law and the organisation of the armed forces after Dory’, (2003) 66 Modern Law Review 759-768.
      • ‘Legal issues of EC-Cyprus Trade Relations’, (2003) 52 International and Comparative Law Quarterly 489-498.
      • ‘In search of a common vocabulary in free movement of goods: the example of repackaging pharmaceuticals’, (2003) 28 European Law Review 53-69.
      • ‘The elusive quest for uniformity in EC external relations’, (2002) 4 Cambridge Yearbook of European Legal Studies 243-271.
      • ‘Free movement of goods under the Europe Agreements’ in Ott, A. and Inglis, K. (eds), Handbook on European Enlargement – A Commentary on the Enlargement Process  (The Hague: T.M.C. Asser Institute, 2002) 369-390.
      • ‘The interpretation of mixed agreements under the preliminary reference procedure’, (2002) 7 European Foreign Affairs Review 25-52.
      • ‘Managing the BSE crisis – legal issues’, (July 2002) European Current Law xi-xiv.
      • “Inter-pillar approaches to the European Security and Defence Policy – The economic aspects of security” in Kronenberger, V. (ed.), The European Union and the International Legal Order: Discord or Harmony? (The Hague: T.M.C. Asser Institute Press, 2001) 435-454.
      • “On groceries, alcohol and olive oil: more on free movement of goods after Keck”, (2001) 26 European Law Review 391-407.
      • “Is Article 297 EC a ‘reserve of sovereignty’?” (2000) 37 Common Market Law Review 1339-1362.
      • “The reform of the common rules on exports of dual-use goods under the law of the European Union”, (2000) 2 European Journal of Law Reform 167-189.
      • “EC law and equal treatment in the armed forces”, (2000) 25 European Law Review 433-442.
      • “The inter-pillar approach to the legal regulation of exports of dual-use goods” in Cramer, P. (ed.), A Common European Regime for Export Controls of Dual-use products? (Gothenburg: Centre for European Research, Gothenburg University, 2000) 85-103.
      • “Exports of Dual-Use Goods under the Law of the European Union”, (1998) 23 European Law Review 235-251.
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