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.
2022
KJE4169 .D4 2022 (Mapit)
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Details
Author
Title
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.
Imprint
Leiden ; Boston : Brill Nijhoff, [2022]
Description
xvi, 509 pages ; 25 cm.
Series
Nijhoff studies in EU law ; v. 21. 2210-9765
Formatted Contents Note
The contemporary state of ISDS and International Investment Law conflicts among calls for reform
Beyond Achmea : the open question in EU Law and ISDS
Harmonious interpretation between IIA's and the EU treaties
The principles and norms of treaty conflicts
EU and member states' competence on foreign direct investment
The status of international agreements in the EU Legal Order. The EU Law effects of extra-EU BITs and the Energy Charter Treaty
Conflict norms of EU law
The particularity of autonomy in relation to the EU
The Lacking definition of EU Law autonomy
The compatibility of ISDS provisions in the ECT and extra-EU BITs with the autonomy of EU Law
Excursus : the consolidation of member states' FDI policies.Termination and succession.
Beyond Achmea : the open question in EU Law and ISDS
Harmonious interpretation between IIA's and the EU treaties
The principles and norms of treaty conflicts
EU and member states' competence on foreign direct investment
The status of international agreements in the EU Legal Order. The EU Law effects of extra-EU BITs and the Energy Charter Treaty
Conflict norms of EU law
The particularity of autonomy in relation to the EU
The Lacking definition of EU Law autonomy
The compatibility of ISDS provisions in the ECT and extra-EU BITs with the autonomy of EU Law
Excursus : the consolidation of member states' FDI policies.Termination and succession.
Summary
"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"-- Provided by publisher.
Note
Based on author's thesis (doctoral - Universiteit Gent and Université du Luxembourg, 2020) issued under title: The compatibility of ISDS provisions in bilateral investment treaties and the energy charter treaty with EU law.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KJE4169 .D4 2022
Language
English
ISBN
9789004501645 hardcover
9004501649 hardcover
9789004501652 electronic book
9004501649 hardcover
9789004501652 electronic book
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