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Protection of Foreign Investments in an Intra-EU Context: Not One BIT?

Protection of Foreign Investments in an Intra-EU Context: Not One BIT?

Protection of Foreign Investments in an Intra-EU Context: Not One BIT?

Author: Dominik Moskvan
Publisher: Edward Elgar Publishing
ISBN: 9781800880375
Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: AU$283.40

AU$274.90 Save AU$8.50 (3%)

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Description
Contents

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The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market.

Analysing the level of protection offered to four identified types of investments, Dominik Moskvan argues that certain investors will find more favourable substantive protection under the framework of EU law as opposed to intra-EU BITs. However, he also highlights the loss of investment safeguards significant to more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States’ judiciaries, the book proposes the creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.

1. Introduction: Investment Protection in Intra-EU BITs and EU Law

2. Material and Personal Scope of Protection

3. National Treatment and Most-Favoured-Nation Treatment

4. Free Transfer of Funds

5. Fair and Equitable Treatment

6. Expropriation

7. Dispute Settlement

8. Which Investor Benefits Most from Intra-EU Protection in the Post-Achmea Context?

9. EU Foreign Investment Court: A Normative Proposal

10. Conclusion: Rethinking Intra-EU Investment Policy Beyond Achmea

Bibliography

Index

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