Protection of Foreign Investments in an Intra-EU Context. Not One BIT?
Par :Formats :
- Nombre de pages676
- PrésentationRelié
- FormatGrand Format
- Poids0.55 kg
- Dimensions16,2 cm × 24,2 cm × 1,8 cm
- ISBN978-1-80088-037-5
- EAN9781800880375
- Date de parution01/01/2022
- ÉditeurEdward Elgar Publishing
Résumé
The Achmea judgment revolutionised Intra-EU investment protection by declaring inrra-EU bilateral invesunent treaties (intra-EU BITs) incompatible with EU law. This incisive book invmigates whether infra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of infra-EU BITS and EU law in the EU internal market. Analysing the level of protection offered ro four identified types of investments, Dominik Moskvan argues that certain investors will find more favourable substantive protection under the framework of EU law as opposed to infra-EU BITs.
However, he also highlights the loss of investment safeguards significant ro more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States' judiciaries, the book proposes the creation of a permanent infra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
This book's discussion on the impact of the EU legal framework on investors' decisions will be beneficial for both EU and national policy makers when challenged with forming recommendations aimed at improving infra-EU investment polity. The comparative legal analysis from m investor perspective will also be of interest to scholars in EU and international investment law, as well as to lawyers advising foreign investors.
However, he also highlights the loss of investment safeguards significant ro more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States' judiciaries, the book proposes the creation of a permanent infra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
This book's discussion on the impact of the EU legal framework on investors' decisions will be beneficial for both EU and national policy makers when challenged with forming recommendations aimed at improving infra-EU investment polity. The comparative legal analysis from m investor perspective will also be of interest to scholars in EU and international investment law, as well as to lawyers advising foreign investors.
The Achmea judgment revolutionised Intra-EU investment protection by declaring inrra-EU bilateral invesunent treaties (intra-EU BITs) incompatible with EU law. This incisive book invmigates whether infra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of infra-EU BITS and EU law in the EU internal market. Analysing the level of protection offered ro four identified types of investments, Dominik Moskvan argues that certain investors will find more favourable substantive protection under the framework of EU law as opposed to infra-EU BITs.
However, he also highlights the loss of investment safeguards significant ro more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States' judiciaries, the book proposes the creation of a permanent infra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
This book's discussion on the impact of the EU legal framework on investors' decisions will be beneficial for both EU and national policy makers when challenged with forming recommendations aimed at improving infra-EU investment polity. The comparative legal analysis from m investor perspective will also be of interest to scholars in EU and international investment law, as well as to lawyers advising foreign investors.
However, he also highlights the loss of investment safeguards significant ro more complex investments when relying exclusively on EU law. Furthermore, since the analysis reveals important differences in the approaches of EU Member States' judiciaries, the book proposes the creation of a permanent infra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
This book's discussion on the impact of the EU legal framework on investors' decisions will be beneficial for both EU and national policy makers when challenged with forming recommendations aimed at improving infra-EU investment polity. The comparative legal analysis from m investor perspective will also be of interest to scholars in EU and international investment law, as well as to lawyers advising foreign investors.