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This article will examine the evolving attitudes to the exhaustion of local remedies requirement and its waiver in investment treaty instruments through the prism of inequalities of power between different states and the role of international law in entrenching such inequalities. Focusing on the...
For the EU-27, the accommodation of national diversity and conflicting preferences with regard to the pace and scope of the development of the EU energy policy remains a major problem. The resulting institutional paralysis, low reactivity to events, and changes as well as systematic political...
Both the European Commission and the European Parliament are committed to include investor-state arbitration clauses in EU international investment agreements (IIAs) with third states. However, the EU is not and is unlikely to become a Contracting Party to the Convention on the Settlement of...
Currently, we can observe an increasing number of so-called investor-state arbitrations on the basis of bilateral investment treaties (BITs) concluded between Member States. The arbitral awards rendered, binding on the Member State involved, challenge the uniform application of EU law by largely...
In a number of recent investor-state arbitrations on the basis of intra-EU bilateral investment treaties (BITs), respondent states, supported by the EU Commission, have argued that their accession to the EU has rendered existing BITs with old EU Member States obsolete. This argument is mainly...
European citizenship offers great potential for the protection of fundamental rights. Due to the relation between EU citizenship and EU fundamental rights, the Court's seeming willingness in Ruiz Zambrano to protect the substance of EU citizenship rights could potentially have an immense impact...
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