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Intra-EU bilateral investment treaties (BITs) are the dinosaurs in the multi-level legal system of the European Union (EU). They sit uneasily with EU law, yet they provide an important tool for foreign investors to manage political risk in some EU Member States. This paper suggests, that...
The Commission of the European Union (EU) sees intra-EU bilateral investment treaties (BITs) as incompatible with the overall structure of European Union law. Against this background, certain Member States have started to terminate their treaties. Also, some of the new Member States have, in...
The tensions between European Union (EU) law and intra-EU bilateral investment treaties (BITs) have become increasingly visible: they involve national and transnational courts, arbitral tribunals and courts in third states, and arise in a variety of procedural settings and with increasing...
This essay reviews two books suggesting how international investment law may be recalibrated to balance the interests of foreign investors and host states. Poulsen’s book draws mainly on empirical research to argue that developing states displayed ‘bounded rationality’ when rushing to sign up to...
Legal orders of international investment law and European Union law both provide remedies for investors. This article does not consider whether these remedies are available to the same actors in relation to the same conduct. The argument is limited to comparison of remedies under investment law,...
Are investors entitled to the same level of protection under investment treaties and EU law? This article will examine some of the principal differences and overlaps in the level and scope of protection which foreign investors can enjoy under intra-EU international investment agreements (IIAs)...
The European Commission and a number of EU Member States have long disputed the compatibility of intra-EU BITs with EU law. As illustrated by the Micula v Romania proceedings, where an investor seeks to enforce an intra-EU BIT award, which is seen as being in conflict with EU law, this can raise...
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