Bilateral Investment Treaty (BITS) and EU Law
ESIL Conference 2010
28 Pages Posted: 28 Sep 2010
Date Written: September 27, 2010
The main aim of this contribution is to analyze the interaction and impact of EU law (i.e Community law) on BITs and more generally on international investment law. Accordingly, section II will very briefly highlight some of the distinctive features of BITs as well as some of the recent developments in this field. Section III will then turn towards the relevant Community law aspects. This section will focus on the ECJ’s jurisprudence on BITs and the innovations introduced by the Lisbon Treaty. Based on the previous sections, section IV will attempt to provide an analysis, while section V will wrap up this contribution with some concluding remarks.
Keywords: Bilateral Investment Treaties, BITs, ECJ, Community law, intra-EU BITs, investment law, arbitration, arbitral tribunals, exclusive jurisdiction, exclusive competence
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