The Applicability of the Energy Charter Treaty in ICSID Arbitration of EU Nationals vs. EU Member States
Article from: TDM 1 (2009), in Energy Charter Treaty
Introduction
In recent times, the relationship between EC law and international investment law has gained increasing attention. This is due to ongoing proceedings before the European Court of Justice (ECJ) concerning the compatibility of bilateral investment treaties (BITs) of EU Member States with EC law,1 several arbitral proceedings of investors versus EU Member States based on BITs between EU Member States and/or concerning substantive legal problems that are somehow related to EC law (Eastern Sugar2 being the best known example in this regard), and finally, initial discussions on the ...