International Investment Protection within Europe: The EU's Assertion of Control

The growing number of investor-State arbitration proceedings within the EU has led to criticism and questioning of the international investment law regime. This has prompted the EU to assert control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties and opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. The book provides an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, focusing on the compatibility of international legal instruments with EU law. It offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty, and EU law, as well as arbitral practice in over 180 intra-EU investor-State arbitration proceedings. The book proposes possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.

Format: Paperback / softback
Length: 238 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

The growing prevalence of investor-State arbitration proceedings within the European Union (EU) has sparked a widespread backlash and raised significant concerns about the international investment law regime. This has led the EU to assert its control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and challenging the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, this book offers a comprehensive analysis of the interplay between international investment law and the law of the European Union with regard to intra-EU investments. Specifically, it delves into the conflict between the two investment protection regimes applicable within the EU, with a particular focus on their compatibility. By examining all intra-EU BITs, the Energy Charter Treaty, and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings, the book provides a conceptual framework of intra-European investment protection. Furthermore, it explores potential solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367610647