CJEU Judgment In Case C-284/16 Achmea: Single Decision And Its ...
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Abstract
Recent decisions of European and national courts, as well as those of arbitral tribunals, concerning the Achmea saga seem to be plentiful enough to draw preliminary conclusions as to the relationship between EU law, intra-EU international investment agreements (IIAs) and the national laws of EU-Member States. In order to get the proper picture of the situation, however, it is necessary not only to analyse the recent decisions of the Court of Justice of the European Union (CJEU) and their consequences from these three perspectives, but, equally, to understand how they interact with each other. Such an analysis indicates the real possibility of the emergence of a rift between the practice of the EU and national courts rejecting the validity of investment arbitration agreements, on the one hand, and investment tribunals, on the other. In any case, such a divergence would put into question the IIAs’ claim to provide a stable regulatory framework for international investments in the EU, which, in turn, would strengthen the argument for termination of intra-EU IIAs.
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Login with brill.com account Title: CJEU Judgment in Case C-284/16 Achmea: Single Decision and Its Multi-Faceted Fallout Article Type: Research Article DOI: https://doi.org/10.1163/15718034-12341393 Language: English Pages: 3–32 Keywords: Achmea; ISDS; CJEU; investment law; intra-EU IIAs; procedural autonomy In: The Law & Practice of International Courts and Tribunals In: Volume 18: Issue 1 Publisher: Brill | Nijhoff E-ISSN: 1571-8034 Print ISSN: 1569-1853 Subjects: Public International Law, International Law, International Organizations| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 910 | 105 | 12 |
| Full Text Views | 262 | 15 | 2 |
| PDF Views & Downloads | 410 | 41 | 3 |
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Abstract
Recent decisions of European and national courts, as well as those of arbitral tribunals, concerning the Achmea saga seem to be plentiful enough to draw preliminary conclusions as to the relationship between EU law, intra-EU international investment agreements (IIAs) and the national laws of EU-Member States. In order to get the proper picture of the situation, however, it is necessary not only to analyse the recent decisions of the Court of Justice of the European Union (CJEU) and their consequences from these three perspectives, but, equally, to understand how they interact with each other. Such an analysis indicates the real possibility of the emergence of a rift between the practice of the EU and national courts rejecting the validity of investment arbitration agreements, on the one hand, and investment tribunals, on the other. In any case, such a divergence would put into question the IIAs’ claim to provide a stable regulatory framework for international investments in the EU, which, in turn, would strengthen the argument for termination of intra-EU IIAs.
Title: CJEU Judgment in Case C-284/16 Achmea: Single Decision and Its Multi-Faceted Fallout Article Type: Research Article DOI: https://doi.org/10.1163/15718034-12341393 Language: English Pages: 3–32 Keywords: Achmea; ISDS; CJEU; investment law; intra-EU IIAs; procedural autonomy In: The Law & Practice of International Courts and Tribunals In: Volume 18: Issue 1 Publisher: Brill | Nijhoff E-ISSN: 1571-8034 Print ISSN: 1569-1853 Subjects: Public International Law, International Law, International OrganizationsContent Metrics
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 910 | 105 | 12 |
| Full Text Views | 262 | 15 | 2 |
| PDF Views & Downloads | 410 | 41 | 3 |
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