THE EFFECTS OF THE PRIMACY OF THE EU LAW ON THE INVESTORSTATE DISPUTE RESOLUTION MECHANISM

Bogdan Biris ()
Additional contact information
Bogdan Biris: University of Bucharest, Law School

Perspectives of Law and Public Administration, 2014, vol. 3, issue 1, 304-307

Abstract: This paper highlights the existing conflict between EU law and the provisions contained in Bilateral Investment Treaties with respect to the arbitration clause. In the context of the post-Lisbon, the European Union has exclusive competence in the area of investment is the only entitled to conclude investment treaties with third countries. However, many Member States continue to maintain in force bilateral treaties signed pre-Lisbon and jurisdiction clauses which conflict with European law. This paper will analyze the case law and doctrine in the field and will try to find solutions to avoid possible bottlenecks that may arise when a Member State is in a position to choose between compliance with European law and the rest of its international obligations.

Keywords: Investment; EU law; primacy; international law. (search for similar items in EconPapers)
JEL-codes: K23 K33 (search for similar items in EconPapers)
Date: 2014
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.businesslawconference.ro/revista/artico ... is%20Bogdan%20EN.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:3:y:2014:i:1:p:304-307

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().