International Arbitration Law Library
The fragility of the relationship between international law and European Union (EU) law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor. This book analyzes the legislative and jurisprudential backbone affecting both policy and practice in this area, showing in the process how both the autonomy of the EU legal order and the sovereignty of Member States can be strengthened through a common investor protection policy inside the EU with an efficient adjudication mechanism promised by the EU’s "new generation" agreements. With a thorough analysis of the parameters that the Court of Justice of the European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals have set for the interplay between EU law and international investment law, the following salient issues and topics and more are covered:- operation of the EU’s exclusive competence regarding foreign direct investment;
- EU rules on capital movements related to investments;
- potential conflicts between EU law and extra-EU bilateral investment treaties;
- intra-EU bilateral investment treaties viewed from the perspectives of both international and EU law primacy;
- role of arbitral tribunals in intra-EU dispute settlement and ramifications in the light of applicable law; and
- problems arising when the lex arbitri in the proceedings is the law of a non-EU state.