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International Investment Law and the Law of the European Union: How Regionalism and Interregionalism Have Shaped the Relationship in the Post-Lisbon Era (eBook)


ISBN13: 9789403507187
Published: June 2024
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: eBook (ePub)
Price: £170.00
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International Investment Law and the Law of the European Union is a book analyzing the legislative and jurisprudential backbone affecting both policy and practice, 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. The fragile relationship between international law and EU law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor.

What’s in this book:

Delving deep into the parameters set by the Court of Justice of the European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals for the interplay between EU law and international investment law, the following salient issues and topics, inter alia, 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 light of applicable law, and
  • problems arising when the lex arbitri in the proceedings is the law of a non-EU state

The relevant jurisprudence of the CJEU is analyzed against ISDS case law, with a specific focus on scholarship in the applicable fields. The author furnishes substantial and procedural solutions that will prevent the violation of EU law without sacrificing the considerable protection that arbitration provides for investments.

How this will help you: The book extends beyond existing literature and pioneers in jointly addressing EU law, international investment law, and integration with actionable solutions. It will allow all concerned with international judicial decision-making to acquire an arsenal of available normative responses to issues raised by EU law’s autonomy, primacy of EU law, EU competences, international EU responsibility, compatibility of ISDS with EU law, and other issues, addressing all the challenges likely to be raised in arbitral or court proceedings. Practitioners will discover viable ways to identify, prevent, or resolve legal impasses stemming from the overlap of EU law and other international law regimes when structuring an investment inside the EU.

Subjects:
EU Law, eBooks, International Investment Law
Contents:
Preface
Acknowledgments
Introduction
CHAPTER 1: The Interaction Between EU Law and Public International Law
CHAPTER 2: The Operation of EU’s Exclusive Competence Regarding Foreign Direct Investment
CHAPTER 3: Potential Conflicts Between EU Law and Extra-EU BITs
CHAPTER 4: Potential Conflicts Between EU Law and Intra-EU BITs
CHAPTER 5: The Correlation Between EU Law and International Agreements Concluded by the EU
CHAPTER 6: Possible Convergence of Substantive and Procedural Protection Standards Between EU Law and the EU’s New “Third Generation” Agreements
Conclusions
Bibliography

Series: International Arbitration Law Library

Transnational Due Process and Article V(1)(b) of the New York Convention (eBook) ISBN 9789403524474
Published June 2024
Kluwer Law International
£162.00
(ePub)
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Transnational Due Process and Article V(1)(b) of the New York Convention ISBN 9789403524375
Published June 2024
Kluwer Law International
£162.00
Early Determination of Jurisdiction (eBook) ISBN 9789403502786
Published March 2024
Kluwer Law International
£157.00
(ePub)
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Early Determination of Jurisdiction ISBN 9789403502687
Published March 2024
Kluwer Law International
£157.00
£160.00
(ePub)
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£160.00
Contract Law in International Commercial Arbitration (eBook) ISBN 9789403510668
Published November 2022
Kluwer Law International
£160.00
(ePub)
Buy
Contract Law in International Commercial Arbitration ISBN 9789403510361
Published November 2022
Kluwer Law International
£160.00
£165.00
(ePub)
Buy
The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law ISBN 9789403541853
Published December 2021
Kluwer Law International
£165.00
Autonomous Versus Domestic Concepts under the New York Convention (eBook) ISBN 9789403531748
Published March 2021
Kluwer Law International
£173.00
(ePub)
Buy
Autonomous Versus Domestic Concepts under the New York Convention ISBN 9789403531731
Published March 2021
Kluwer Law International
£173.00
£167.00
(ePub)
Buy
£167.00
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
£148.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
£144.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
£164.00
The Functions of Arbitral Institutions (eBook) ISBN 9789041162205
Published August 2016
Kluwer Law International
£189.00
(ePub)
Buy
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£189.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£204.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£211.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£217.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£204.00
£204.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£204.00
£204.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£204.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£204.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£185.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£185.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£185.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£231.00
£182.00
£197.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£177.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£187.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£239.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£187.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£257.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£300.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£154.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£207.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£195.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print
Price on Application