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5 - ‘International’ Investment in the EU

Intra-EU Investment Agreements and Dispute Settlement

from Part II - The Internal Investment System of the EU

Published online by Cambridge University Press:  13 July 2023

Ivana Damjanovic
Ivana Damjanovic
Affiliation:
Australian National University, Canberra
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Summary

In this chapter we examine how international investment law in relations between the Member States poses a challenge to EU law and its autonomy, hindering internal market integration as one of the core EU objectives, and the rule of law in the EU as its core value. We analyse tensions between international investment law and EU law, focusing first on intra-EU international investment agreements and the objectives of EU integration, and second on intra-EU investment treaty arbitration and the autonomy of the EU legal order. The Achmea judgment of the CJEU is the apotheosis of these tensions, and it has been endorsed in subsequent CJEU judgments. In the final part of this chapter, we analyse legal and policy implications of this jurisprudence, in the broader context of EU integration and the rule of law in the EU.

Keywords

intra-EU arbitrationautonomy of the EU legal orderCourt of Justice of the European UnionAchmeaKomstroyEnergy Charter Treatyintra-EU BITsTermination Agreementenforcement of intra-EU awardsthe rule of law in the EU
Type
Chapter
Information
The European Union and International Investment Law Reform
Between Aspirations and Reality
 , pp. 153 - 194
Publisher: Cambridge University Press
Print publication year: 2023

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