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EU Law and International Investment Arbitration: The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law

EU Law and International Investment Arbitration: The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law

Author: Michael De Boeck
Publisher: Brill Nijhoff
ISBN: 9789004501645
Published In: July 2022
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.

Acronyms

Introduction

1. The Contemporary State of ISDS and International Investment Law - Conflicts Among Calls for Reform

2. Beyond Achmea The Open Question in EU Law and isds

Part 1: ISDS and EU Law from the Perspective of International Law

3. Harmonious Interpretation between iia’s and the EU Treaties

4. The Principles and Norms of Treaty Conflicts

Part 2: ISDS and EU Law from the Perspective of the European Union

5. EU and Member States’ Competence on Foreign Direct Investment

6. The Status of International Agreements in the EU Legal Order The EU Law Effects of Extra-EU BITs and the Energy Charter Treaty

7. Conflict Norms of EU law

Part 3: The Autonomy of EU Law and ISDS