From conflict to coexistence ? The consolidation of the pluralist era for intra-EU investment arbitration

Damien Charlotin, David Restrepo Amariles and Arnaud van Waeyenberge

Journal of International Economic Law, 2025, vol. 28, issue 1, 101-118

Abstract: Conflicts between distinct legal systems, or ‘legal orders’ can be resolved in various ways: one legal order might insist on its primacy, or, alternatively, legal techniques and concepts can be invoked to leave each order to its own space—and mitigate the frictions when they collide. In the past decade, the Achmea saga from the Court of Justice of the European Union has attracted enormous attention, in part, because it is seen as the epitome of a hard clash between the law of the European Union and international investment law. In this article, we argue that this interpretation may be misguided, whereas a close reading of Achmea and the court’s subsequent judgments is compatible with an ordered pluralism that could, in the long run, leave room for harmonized ways for these regimes to co-exist.✦

Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/jiel/jgaf006 (application/pdf)
Access to full text is restricted to subscribers.

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:oup:jieclw:v:28:y:2025:i:1:p:101-118.

Ordering information: This journal article can be ordered from
https://academic.oup.com/journals

Access Statistics for this article

Journal of International Economic Law is currently edited by Kathleen Claussen, Sergio Puig and Michael Waibel

More articles in Journal of International Economic Law from Oxford University Press Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK.
Bibliographic data for series maintained by Oxford University Press ().