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The Internal Investment System of the EU
from Part II - The Internal Investment System of the EU
Published online by Cambridge University Press: 13 July 2023
As analysed in Part I, international investment law (IIL) and its tribunals have been established with a view to overcoming distrust of investors in national courts, providing investors from developed States with protections against political risks in unpredictable markets of host, usually developing, States. In the EU context, a mutatis mutandi constellation of these relations was evident in the period after the fall of communism and before the accession of Central and Eastern European (CEE) States to the EU. In the post-enlargement context that emerged, investor mistrust in the courts of the (Eastern) Member States and the recourse to private arbitrators through investment treaty arbitration (ITA) has become politically inappropriate and contrary to the principles on which the EU is founded.
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