Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-12-04T19:47:45.195Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×