1st Edition
International Investment Protection within Europe The EU’s Assertion of Control
By Julien Berger
Copyright 2021
254 Pages
5 B/W Illustrations
by
Routledge
254 Pages
5 B/W Illustrations
by
Routledge
254 Pages
5 B/W Illustrations
by
Routledge
Also available as eBook on:
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... Read more
Introduction 1. Setting the stage I. European foreign direct investment II. Development of international investment law – A European story III. International investment law within the EU – Unexpected difficulties 2. Comparison of the investment protection regimes I. Introduction II. Scope of application III. Substantive protection IV Procedural protection V. Conclusion 3. Conflict between intra-EU IIAs and EU law I. Nature of EU law and its relationship to public international law II. Alleged invalidity of intra-EU BITs III. Incompatibility of intra-EU BITs with EU law IV. Energy Charter Treaty and EU law V. Result 4. What future for intra-EU investor protection? I. Introduction II. Termination of intra-EU BITs III. Energy Charter Treaty IV. Effects on EU member state courts and other domestic courts V. Effects on investment arbitration proceedings VI. Why a substitute might be necessary VII. Possible substitutes VIII. Assessment General conclusion
Biography
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.
