Bilateral Investment Treaties Between EU Member States (Intra-EU-Bits) - Challenges in the Multilevel System of Law
Article from: TDM 2 (2013), in EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
Abstract
More than 170 Bilateral Investment Treaties (BITs) exist between the EU Member States. In the last years several investment arbitrations were initiated by investors from EU Member States against other Member States. This has led to an intense legal and political discussion on intra-EU BITs with regard to their validity and enforceability as well as the effects of public international law on European Union Law in general. In this context, the EU Commission calls on the EU Member States to denounce the existing intra-EU BITs because of an alleged incompatibility with Union law. ...