D 2016

European Union Law and the International Investment Arbitration

PUŠKÁR, Ivan

Basic information

Original name

European Union Law and the International Investment Arbitration

Authors

PUŠKÁR, Ivan (703 Slovakia, guarantor, belonging to the institution)

Edition

1. vyd. Brno, COFOLA International 2016. Resolution of International Disputes. Public Law in the Context of Immigration Crisis. p. 227-236, 10 pp. 2016

Publisher

Masarykova univerzita

Other information

Language

English

Type of outcome

Proceedings paper

Country of publisher

Czech Republic

Confidentiality degree

is not subject to a state or trade secret

Publication form

electronic version available online

References:

RIV identification code

RIV/00216224:14220/16:00108668

Organization

Právnická fakulta – Repository – Repository

ISBN

978-80-210-8356-1

UT WoS

000460199300014

Keywords in English

EU Investment Law; Investment Arbitration; Intra-EU BITs

Links

MUNI/B/1294/2015, interní kód Repo.
Changed: 3/9/2020 04:27, RNDr. Daniel Jakubík

Abstract

V originále

This article analyses if and in which direction investment tribunal in intra-EU investment arbitration would apply EU law and if it could at least take it into account by decision making process. It considers three approaches in which EU law and its rules could be relevant. First, EU law is a system based on international treaties, and is therefore a part of international law Second, in consequence of the doctrine of direct effect, rules of the EU law automatically become a part of legal orders of member states, and from the point of view of investment tribunal these rules are part of the legal order of host state. Third, EU law can be in international investment arbitration relevant as a fact.

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