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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Legal Framework of Protection of Foreign Direct Investment under Bilateral Investment Treaties and European Law
 Moškvan, Dominik ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
This thesis aims to analyse alleged incompatibility of bilateral investment treaties signed between the Member States of the European Union with the European Union law and its impact on the investment environment of the Union. Bilateral investment treaties are found to be incompatible with EU law. First, it is the provision allowing for dispute settlement in the form of arbitration, thereby excluding the case from EU judicial review and infringing the primacy and autonomy of EU law. Second, it is the preferential treatment of investors given only to an investor from a state with a concluded BIT conflicts the non-discrimination principle. Preferential treatment given in BITs should be either unilaterally extended, or dismissed for all investors. Unless rescinded, BITs remain valid. Investment environment of the European Union might be exposed to an increased risk of legal uncertainty. This is due to the existence of dichotomy of investment arbitration and national courts, which has not allowed for a binding interpretation of EU law since arbitration courts are not considered to be a court of a Member States with respect to the meaning of Article 267 of the Treaty on the Functioning of the European Union. Concurrence of the two parallel systems of dispute resolution does not allow for a prompt...
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Legal Framework of Protection of Foreign Direct Investment under Bilateral Investment Treaties and European Law
 Moškvan, Dominik ; Svoboda, Pavel (advisor) ; Pítrová, Lenka (referee)
This thesis aims to analyse alleged incompatibility of bilateral investment treaties signed between the Member States of the European Union with the European Union law and its impact on the investment environment of the Union. Bilateral investment treaties are found to be incompatible with EU law. First, it is the provision allowing for dispute settlement in the form of arbitration, thereby excluding the case from EU judicial review and infringing the primacy and autonomy of EU law. Second, it is the preferential treatment of investors given only to an investor from a state with a concluded BIT conflicts the non-discrimination principle. Preferential treatment given in BITs should be either unilaterally extended, or dismissed for all investors. Unless rescinded, BITs remain valid. Investment environment of the European Union might be exposed to an increased risk of legal uncertainty. This is due to the existence of dichotomy of investment arbitration and national courts, which has not allowed for a binding interpretation of EU law since arbitration courts are not considered to be a court of a Member States with respect to the meaning of Article 267 of the Treaty on the Functioning of the European Union. Concurrence of the two parallel systems of dispute resolution does not allow for a prompt...
Detailed record

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