Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


International Investment Protection within Europe: The EU's Assertion of Control


ISBN13: 9780367610630
Published: November 2020
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9780367610647



Despatched in 4 to 6 days.

Also available as

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.

Subjects:
EU Law, Banking and Finance
Contents:
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

Series: Routledge Research in Finance and Banking Law

£35.09
(ePub)
Buy
Crypto-Finance, Law and Regulation: Governing an Emerging Ecosystem ISBN 9781032211565
Published January 2024
Routledge
£38.99
£115.00
Bank Insolvency Law in Developing Economies ISBN 9781032003979
Published December 2022
Routledge
£36.99
Bank Insolvency Law in Developing Economies (eBook) ISBN 9781000823639
Published December 2022
Routledge
£36.99
(ePub)
Buy
£120.00
Crypto-Finance, Law and Regulation: Governing an Emerging Ecosystem ISBN 9780367086619
Published February 2022
Routledge
£130.00
Credit and Creed: A Critical Legal Theory of Money ISBN 9780367181031
Published November 2019
Routledge
£120.00
Trust and Distrust in Digital Economies (eBook) ISBN 9781351104821
Published June 2019
Routledge
£35.09
(ePub)
Buy
Trust and Distrust in Digital Economies ISBN 9781138477483
Published June 2019
Routledge
£120.00
Value Added Tax Fraud (eBook) ISBN 9781351580960
Published December 2018
Routledge
£35.09
(ePub)
Buy
Value Added Tax Fraud ISBN 9781138298293
Published December 2018
Routledge
£120.00
Competition Law and Financial Services (eBook) ISBN 9781134090860
Published March 2014
Routledge
£42.99
(ePub)
Buy
Competition Law and Financial Services ISBN 9780415828819
Published March 2014
Routledge
£125.00
£42.99
(ePub)
Buy
Fiduciary Law and Responsible Investing: In Nature's Trust ISBN 9780415691369
Published April 2013
Routledge
£125.00