Titlebook: New Frontiers for EU Investment Policy; External and Interna Marc Bungenberg,August Reinisch Conference proceedings 2023 The Editor(s) (if

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Modernisation of the Energy Charter Treaty: A View from the Inside,In response, the Energy Charter Treaty (ECT) was negotiated in 1994, becoming the first sector-specific multilateral treaty with investment provisions. However, the international energy and international investment regime have evolved significantly since then. Concerns have arisen over the legitimac

脊椎動(dòng)物

The Substantive Protection of Intra-EU Investors Under International Investment Law and EU Law: Conn under EU law. This contribution examines substantive aspects of that question, including the differences in personal and material scope of these fields of law, and focusses on the question of property rights and interests. It additionally discusses the . cases, in which both the CJEU and investmen

諂媚于性

Enforcement (Deficits) of Substantive Investment Standards under EU Law,orcement. With the CJEU having closed the door to investor-state arbitration in intra-EU disputes, fundamental freedoms, the EU Charter of Fundamental Rights and their enforcement by Member State courts are gaining importance. In theory, EU law is capable of providing adequate investment protection.

轉(zhuǎn)向

Completing the Woodcut: On the Feasibility of an Intra-EU Investment Court,practice, the underlying grievances remain. That need for a workable post-. dispute settlement system for intra-EU investment disputes was highlighted once more by the Commission’s 2020 Inception Impact Assessment on an Investment Protection and Facilitation Framework, which showed a clear preferenc

向外

Reform of Substantive Standards in a Multilateral Instrument and the Rule of Law,te mechanisms or an investment court or giving the parties to investment agreements more control by providing them with authentic treaty interpretation powers. It seeem though that, ultimately, consistency can only be reached by harmonizing the applicable investment standards.

施加

,Challenges Resulting from the EU’s Participation in International Dispute Settlement,s. The Commission, with the support of the CJEU, has also argued that compliance with awards stemming from intra-EU arbitration would be contrary to EU law. In doing so, it has ignored the multilateral nature of obligations under the ICSID Convention.

Aphorism

The Substantive Protection of Intra-EU Investors Under International Investment Law and EU Law: Con question of comparable protection depends to a great extent on the specific comparator chosen on the side of international investment law, both in terms of treaty provisions as well as arbitral case law. It then concludes by arguing that a potentially lower standard of protection under EU law is not necessarily undesirable for policy reasons.

高歌

2364-8392 fers possible alternatives to intra-EU investment law and arWith the entry into force of the Treaty of Lisbon in 2009, the EU became a global actor in the field of foreign direct investment. Since then, the field of EU investment policy has been gradually shaped by numerous political changes, judgme

BURSA

Conference proceedings 2023ld of EU investment policy has been gradually shaped by numerous political changes, judgments and opinions delivered by the Court of Justice of the EU, as well as lively scholarly debate. Today, a clear division between the “internal” and “external” dimensions of EU investment policy has emerged, wh

Infirm

The Institutional Design of an MIC: Why the Proposed MIC Fails to Address the Real Concerns,shown that many of the concerns raised against ISDS have already been addressed or are not real concerns but rather based on misconceptions and misrepresentations. In any event, so far the support by other States for the creation of a full two-tiered MIC has been rather limited and it?remains to be seen whether this going to change.