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
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
RIV identification code
RIV/00216224:14220/16:00108668
Organization
Právnická fakulta – Repository – Repository
Keywords in English
EU Investment Law; Investment Arbitration; Intra-EU BITs
Links
MUNI/B/1294/2015, interní kód Repo.
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.
Displayed: 17/6/2025 20:25