EU Primary Legislation and the Common Foreign Investment Policy - Permissibility of and Limits on Investor-State Arbitration on the Basis of Future EU Agreements
Walter Hallstein-Institut (WHI) Paper No. 01/11
28 Pages Posted: 21 Feb 2011 Last revised: 7 Oct 2011
Date Written: February 18, 2011
Abstract
This paper, written in German language, reflects on the question of whether, and if answered in the affirmative, to which extent the EU can subject itself to investor-State arbitration in future EU investment agreements. Answering this question, the ECJ’s concept of the “autonomy of EU law” provides the crucial touchstone.
Note: Downloadable document is in German.
Keywords: EU, European Union, ECJ, Investment, Investment Law, Arbitration, Dispute Settlement, European Court of Justice, Investment Arbitration, Autonomy, Autonomy of EU Law, Jurisdiction, Conflict, International Organisation
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