International Investment Protection within Europe

The EU’s Assertion of Control

Julien Berger

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English

Routledge
09 January 2023

Finance & accounting; Investment & securities; Law & society; Banking law

Series: Routledge Research in International Economic Law

The steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU’s assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State.

It specifically analyses the conflict between the two investment protection regimes applicable within the EU with a particular emphasis on the compatibility of the international legal instruments with the law of the European Union. The book thereby addresses the more general question of the relationship between EU law and international law and offers a conceptual framework of intra-European investment protection based on the analysis of all intra-EU BITs, the Energy Charter Treaty and EU law, as well as the arbitral practice in over 180 intra-EU investor-State arbitration proceedings.

Finally, the book develops possible solutions to reconcile the international legal standards of protection with the regionalized transnational law of the European Union.

By: Julien Berger
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 362g
ISBN: 9780367610647
ISBN 10: 0367610647
Series: Routledge Research in International Economic Law
Pages: 238
Publication Date: 09 January 2023
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Julien Berger is a lawyer specialized in public international law and the law of the European Union. He completed his legal studies at the Humboldt-Universität zu Berlin and holds a Maître en Droit (Paris II – Panthéon-Assas), a Magister Juris (University of Oxford) as well as a PhD from the Universität Potsdam. Julien Berger is currently completing his legal clerkship at the Higher Regional Court of Berlin.