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Investment Arbitration and EU Law

  • Juliane KOKOTT (a1) and Christoph SOBOTTA (a1)

Investment arbitration is based on international agreements and operates in parallel to the EU legal and judicial system. Therefore conflicts between EU law and investment protection are possible. These may result from the substantial investment protection standards, but also from the operation of a parallel system of judicial protection. The EU law position on such conflicts will depend on whether the investment agreement was concluded between Member States, between Member States and other countries, or between the EU and other countries.

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This paper is a revised version of the Mackenzie-Stuart Lecture given by Advocate General Kokott at the Centre for European Legal Studies, University of Cambridge, 26 February 2016. The authors are grateful to Katharina Diel-Gligor and Stephanie-Marleen Raach who provided invaluable support in the preparation of this lecture.

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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

F Hoffmeister and G Alexandru , ‘A first glimpse of light on the emerging invisible EU Model BIT’ (2014) 15 (3–4) The Journal of World Investment & Trade 379

J Kleinheisterkamp , ‘Investment Protection and EU Law: The Intra- and Extra-EU Dimension of the Energy Charter Treaty’ (2012) 15 (1) Journal of International Economic Law 85

S Hindelang , ‘Repellent Forces: The CJEU and Investor-State Dispute Settlement’ (2015) 53 (1) Archiv des Völkerrechts 68, p 84 ff

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Cambridge Yearbook of European Legal Studies
  • ISSN: 1528-8870
  • EISSN: 2049-7636
  • URL: /core/journals/cambridge-yearbook-of-european-legal-studies
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