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

European Union Law

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

By Dominik Moskvan
Edward Elgar Publishing February 2022

Specifications

ISBN-13
9781800880375
Publisher
Edward Elgar Publishing
Publication
February 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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