UID:
kobvindex_HPB1054830463
Format:
1 online resource
Edition:
1st edition.
ISBN:
9783845286327
,
3845286326
,
3848744155
,
9783848744152
Series Statement:
Schriften zur Europäischen Integration und internationalen Wirtschaftsordnung ; Band 41
Content:
"This is the first monograph dealing with the question whether investment arbitration pursuant to international investment agreements concluded by the EU offer a level of protection for investors and state parties that is reduced as compared to the level of protection offered by 'regular' BITs. The conclusion is arrived at that dispute settlement pursuant to EU international investment agreements does in fact offer a level of protection that is lower than the level of protection offered by 'regular' BITs. Key reasons for this lower level of protection are issues relating to the enforcement of arbitral awards and gaps at the level of primary obligations of the EU and its Member States. The most important factor here, however, is the legal uncertainty caused by the fact that the dispute settlement procedures included in the EU investment protection agreements concluded so far do not comply with the requirements of the CJEU."--Amazon website as viewed April 18, 2018.
Note:
Cover; 1. Introduction; 1.1 Relevance of the research topic; 1.2 Definition of the research question and key terms; 1.2.1 Definition of the research question; 1.2.2 Definitions of key terms; 1.2.2.1 "Investment agreement"; 1.2.2.2 "Implementation", "compliance", "enforcement" and "execution"; 1.3 Envisaged course of the analysis; 1.4 Envisaged style of the analysis; 2. Lack of protection due to problems relating to the binding nature of relevant legal obligations for the EU?; 2.1 The EU and customary international law; 2.1.1 Customary international law and investment law.
,
2.1.2 The binding nature of customary international law for the EU2.1.2.1 The principle of "equal sovereignty"; 2.1.2.2 The "consent theory"; 2.1.2.3 Relevant case-law; 2.1.2.4 General principles of law; 2.1.2.5 The "succession argument"; 2.1.2.6 Arguments based on art. 24 of the UN Charter, the emergence of customary rules on privileges of international organizations and the international legal personality of the EU; 2.1.2.7 International organizations as second-rate subjects of international law; 2.1.2.8 The concept of "estoppel"; 2.1.2.9 Result.
,
2.2 Mixed agreements: Union, Member State or joint responsibility2.2.1 The (prevailing) view that all parties to a mixed agreement are bound by all provisions of the agreement; 2.2.2 The view that not all parties to a mixed agreement are bound by all provisions of the agreement; 2.2.3 Distinguishing between international investment agreements that include references to the division of competences and international investment agreements that do not; 2.2.3.1 The "procedural approach" and the EC declaration to the ECT.
,
2.3 Excursus: Responsibility of EU Member States for non-compliance of other Member States with their obligations under mixed agreements3. Lack of protection due to ineffective mechanisms of attribution of conduct to the EU?; 3.1 Focus on the ILC draft articles on the responsibility of international organizations; 3.2 General rules on the attribution of wrongful conduct to international organizations; 3.2.1 Relevant provisions of the ILC draft articles and the "control link"; 3.2.1.1 International organizations assisting or directing member states in wrongful acts.
,
3.2.1.2 Double attributability3.2.2 The "institutional link" and the "territorial link"; 3.2.3 Relevant practice and case-law; 3.2.3.1 Case-law based on the control criterion; 3.2.3.2 Case law base not based on the control criterion; 3.2.3.2.1 The "transfer of control" theory; 3.2.3.3 From the "transfer of control" theory to the member states' or the international organization's institutional responsibility?; 3.3 EU responsibility for the conduct of EU organs; 3.4 The four scenarios of potential EU responsibility for the conduct of EU Member States.
Additional Edition:
Print version: ISBN 9783845286327
Additional Edition:
Print version:
Additional Edition:
Print version: Ratz, Peter. International and European law problems of investment arbitration involving the EU. Baden-Baden : Nomos, 2017 ISBN 9783848744152
Additional Edition:
ISBN 3848744155
Language:
English
Keywords:
dissertations.
;
Academic theses
;
Academic theses.
;
Thèses et écrits académiques.
URL:
ProQuest Ebook Central
URL:
https://www.vlebooks.com/vleweb/product/openreader?id=none&isbn=9783845286327
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