EU Law and Investor-State - Dispute Settlement
EU Law and Investor-State - Dispute Settlement
Author(s): Gabriel M. LentnerSubject(s): EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: EU Investment Policy;Foreign Direct Investment (FDI);Investor-State Dispute Settlement (ISDS);International Investment Agreemtent (IIAS);Investment Court System (ICS);Article 207 (1) TFEU;External Competence of the EU;
Summary/Abstract: With the entry into force of the Lisbon Treaty in 2009 the EU has acquired new competences in the area of international investment law and policy. Article 207 TFEU now provides the EU with external treaty-making power in the field of foreign direct investment. Still many legal issues remain unresolved today. This article deals with the legal framework for Investor-State Dispute Settlement (ISDS).It will first discuss the scope of the EU’s investment competence since the entry into force of the Lisbon Treaty and what this means for existing BITs. Next, the EU law issues are addressed by looking at the recent Achmea decision of the CJEU. Lastly, financial responsibility of the EU and its member states regarding ISDS is addressed.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 5/2018
- Issue No: 1
- Page Range: 139-152
- Page Count: 14
- Language: English