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Cross-Border Investment Protection under EU Law and International Investment Agreements - Guiding EU-Based Investors Through the Intra-EU and Extra-EU Landscapes

Ly, Sabrina LU (2024) HARN63 20241
Department of Business Law
Abstract
Cross-border investment protection and dispute settlement mechanisms have sustained significant transformations, both within (intra-EU) and outside (extra-EU) of the European Union (EU). This thesis aims to provide a comprehensive examination of the legal frameworks safeguarding EU-based investors and their investments. It delves into the interplay between EU law and international investment agreements (IIAs), focusing on bilateral investment treaties (BITs) and the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU. At the intra-EU level, the findings reveal the termination of intra-EU BITs following the Achmea ruling, which rendered investor-state dispute settlement (ISDS) incongruent between EU Member States.... (More)
Cross-border investment protection and dispute settlement mechanisms have sustained significant transformations, both within (intra-EU) and outside (extra-EU) of the European Union (EU). This thesis aims to provide a comprehensive examination of the legal frameworks safeguarding EU-based investors and their investments. It delves into the interplay between EU law and international investment agreements (IIAs), focusing on bilateral investment treaties (BITs) and the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU. At the intra-EU level, the findings reveal the termination of intra-EU BITs following the Achmea ruling, which rendered investor-state dispute settlement (ISDS) incongruent between EU Member States. The shift to relying primarily on EU law has led to a fragmented framework governing investment protection and dispute settlement, raising concerns about adequacy and legal certainty. At the extra-EU level, the increasingly important role of the EU after expanding its competencies in international investments, gradually transitions traditional BITs and ISDS to CETA and an investment court system (ICS) for safeguarding extra-EU investments. The new approach aims at balancing and improving provisions in investment protection with regulatory autonomy. However, it also introduces questions about operational effectiveness and challenges related to ratification, leaving the extra-EU BITs concluded between Member States and Canada in a state of limbo. (Less)
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author
Ly, Sabrina LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Investment Protection, Dispute Settlement Mechanisms, EU law, International Investment Agreements, Intra-EU and Extra-EU Bilateral Investment Treaties, Comprehensive Economic and Trade Agreement (CETA), EU-Based Investors
language
English
id
9157253
date added to LUP
2024-06-04 09:48:50
date last changed
2024-06-04 09:48:50
@misc{9157253,
  abstract     = {{Cross-border investment protection and dispute settlement mechanisms have sustained significant transformations, both within (intra-EU) and outside (extra-EU) of the European Union (EU). This thesis aims to provide a comprehensive examination of the legal frameworks safeguarding EU-based investors and their investments. It delves into the interplay between EU law and international investment agreements (IIAs), focusing on bilateral investment treaties (BITs) and the Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU. At the intra-EU level, the findings reveal the termination of intra-EU BITs following the Achmea ruling, which rendered investor-state dispute settlement (ISDS) incongruent between EU Member States. The shift to relying primarily on EU law has led to a fragmented framework governing investment protection and dispute settlement, raising concerns about adequacy and legal certainty. At the extra-EU level, the increasingly important role of the EU after expanding its competencies in international investments, gradually transitions traditional BITs and ISDS to CETA and an investment court system (ICS) for safeguarding extra-EU investments. The new approach aims at balancing and improving provisions in investment protection with regulatory autonomy. However, it also introduces questions about operational effectiveness and challenges related to ratification, leaving the extra-EU BITs concluded between Member States and Canada in a state of limbo.}},
  author       = {{Ly, Sabrina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Cross-Border Investment Protection under EU Law and International Investment Agreements - Guiding EU-Based Investors Through the Intra-EU and Extra-EU Landscapes}},
  year         = {{2024}},
}