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

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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

By Michael De Boeck
Brill Nijhoff July 2022

Specifications

ISBN-13
9789004501645
Publisher
Brill Nijhoff
Publication
July 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

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.

Table of Contents

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
8. The Particularity of Autonomy in Relation to the EU
9. The Lacking Definition of EU Law Autonomy
10. The Compatibility of ISDS Provisions in the ect and Extra-EU BITs with the Autonomy of EU Law
11. Excursus: The Consolidation of Member States’ fdi Policies  Termination and Succession
Bibliography
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