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The Resource International investment protection within Europe : the EU's assertion of control, Julien Berger

International investment protection within Europe : the EU's assertion of control, Julien Berger

Creator
Author
Summary
"The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU's assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union"--
Language
eng
Work
Publication
Extent
xv, 238 pages
Contents
  • Setting the stage
  • Comparison of the investment protection regimes
  • Conflict between intra-EU IIAs and EU Law
  • What future for intra-EU investor protection?
Isbn
9780367610630
Instance
Label
International investment protection within Europe : the EU's assertion of control
Title
International investment protection within Europe
Title remainder
the EU's assertion of control
Statement of responsibility
Julien Berger
Creator
Author
Subject
Language
eng
Summary
"The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU's assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings. Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union"--
Member of
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Berger, Julien
Illustrations
illustrations
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Routledge research in international economic law
http://library.link/vocab/subjectName
  • Investments, Foreign
  • European Union countries
  • Investments, Foreign (International law)
  • International economic relations
  • Investments, Foreign (International law)
  • Investments, Foreign
  • European Union countries
Label
International investment protection within Europe : the EU's assertion of control, Julien Berger
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Setting the stage -- Comparison of the investment protection regimes -- Conflict between intra-EU IIAs and EU Law -- What future for intra-EU investor protection?
Dimensions
25 cm
Extent
xv, 238 pages
Isbn
9780367610630
Lccn
2020026954
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)1159609049
Label
International investment protection within Europe : the EU's assertion of control, Julien Berger
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Contents
Setting the stage -- Comparison of the investment protection regimes -- Conflict between intra-EU IIAs and EU Law -- What future for intra-EU investor protection?
Dimensions
25 cm
Extent
xv, 238 pages
Isbn
9780367610630
Lccn
2020026954
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
Other physical details
illustrations
System control number
(OCoLC)1159609049

Subject

Member of

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