Another One BITes the Dust - The Distance between Luxembourg and the World is Growing after Achmea

19 Pages Posted: 6 Dec 2018

See all articles by Carlo Maria Cantore

Carlo Maria Cantore

University of Antwerp

Petros C. Mavroidis

Columbia University - Law School; European University Institute - Department of Law (LAW); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Date Written: September 2018

Abstract

The CJEU has become a gatekeeper. Ever since Opinion 1/91, the CJEU has been imposing barriers to the recognition of decisions by foreign jurisdictions. Its recent Achmea decision is the natural consequence of case law so far. This attitude would not be problematic by itself since, through this attitude, the European Union would still be liable at the international plane, even if it did not implement its international obligations (liability- over property rules). This is not the end of the story. The CJEU accepts the, in principle, relevance of decisions by some international jurisdictions. However, the CJEU has repeatedly failed to establish clear criteria to identify ex ante the circumstances under which this will be the case. As things stand, recognition of foreign judgments is more of a line in the sand, than a dictum set in stone. This attitude is hardly reconcilable with the quintessential elements of a Rechtsstaat.

Keywords: Achmea; CJEU; Intra-EU BITs; preliminary rulings

Suggested Citation

Cantore, Carlo Maria and Mavroidis, Petros C., Another One BITes the Dust - The Distance between Luxembourg and the World is Growing after Achmea (September 2018). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2018/47. Available at SSRN: https://ssrn.com/abstract=3293800 or http://dx.doi.org/10.2139/ssrn.3293800

Carlo Maria Cantore (Contact Author)

University of Antwerp ( email )

Prinsstraat 13
Antwerp, Antwerp 2000
Belgium

Petros C. Mavroidis

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
30
Abstract Views
200
PlumX Metrics