European Legislation and Obligations under Public International Law - Legal Consequences of a Conflict between European Law and Member States' Bilateral Investment Treaties - Legal Opinion
Article from: TDM 3 (2026), in EU, Investment Treaties, and Investment Treaty Arbitration - Current Developments and Challenges
Introduction
This opinion addresses the possible conflict between European Law and the obligations of the EU Member States under their bilateral investment treaties (BITs) with the People's Republic of China, specifically in the context of the Cybersecurity Act (CSA) proposed by the European Commission (Commission). Executive Summary Part I of the opinion provides a brief introduction. Part II of the opinion provides an overview of the draft CSA proposed by the Commission on 20 January 2026, noting in particular that: (i) The draft CSA provides ...











