Title
Reforming intra-EU investment protection : amid a running battle of interestsReforming intra-EU investment protection : amid a running battle of interests
Author
Faculty/Department
Faculty of Law
Research group
Business and Law
Publication type
article
Publication
Maastricht,
Subject
Law
Source (journal)
Maastricht journal of European and comparative law. - Maastricht
Volume/pages
22(2015):5, p. 732-750
ISSN
1023-263X
Carrier
E
Target language
English (eng)
Affiliation
University of Antwerp
Abstract
his article scrutinizes the positions of stakeholders in the light of the arguments of incompatibility of the intra-EU BITs with EU law. Whereas the interest of the Commission and some EU Member States was to protect the legal certainty of EU law and budgetary expenditures, the selective short-term interest of deliberately invoking compliance with EU law conlicts with the long-term interests of the Union, the EU Member States, and investors, including enterprises wholly-owned by the national governments of EU Member State. While waiting for the Commission to come up with a solution to the issue of incompatibility, EU Member States might ind themselves exposed to a substantial degree of moral hazard since Member States courts should set aside the enforcement of arbitral awards that ignore the primacy of EU law. It is suggested that the tension between diferent interests may impact the competitiveness of the investment environment of the EU as a whole.
Handle