After entry into force of the Lisbon Treaty and extension of Jurisdiction European Union to foreign investment, certain conflict between investment agreements and EU rules come to light, which caused difficulties to third states and even to EU member States. The European Union tried to resolve the problem with third countries through a specific Regulation. However, with respect to the investment treaties concluded between the members States, the European union made its mission to terminate these treaties. On the other hand, reference of investment disputes to arbitration involving EU member States, has led to decision by the respective arbitral tribunals on the basis of international law rather than EU Law. This has Caused, Opposition by the EU institutions. The strongest of these reaction was made in the Micula Case. The European Commission Expressed the view that the enforcement of the arbitration award was unlawful as it constituted state aid, which is prohibited under the EU law. However, despite the European Commission’s Opposition, the award remains enforceable under the ICSID system. In summary, the EU law in this area contains ambiguities and is capable of generating uncertainty as to the fate and enforceability of bilateral investment treaties.
بیگزاده، ابراهیم؛ حقوق سازمانهای بینالمللی، مجد، 1390.
لونفلد، آندریاس؛ حقوق بینالملل اقتصادی، ترجمه: حبیبی مجنده، جنگل، 1395.
ب. انگلیسی
منابع:
الف. فارسی
بیگزاده، ابراهیم؛ حقوق سازمانهای بینالمللی، مجد، 1390.
لونفلد، آندریاس؛ حقوق بینالملل اقتصادی، ترجمه: حبیبی مجنده، جنگل، 1395.
ب. انگلیسی
Books & Articles:
Burgstaller M, “European Law and Investment Treaty”, JIA 181, 2009.
Denza L, “Bilateral Investment Treaties and EU Rules on Free Transfer: Comment on Commission v. Austria, Commission v. Sweden, Commission v. Finland”, 35 EL REW, 2010.
Ghouri A, Interaction and Conflict of Treaties in Investment Arbitration, International Arbitration Library, Kluwer Law International, 2015.
Kokott J & Sobotta Ch, “Investment Arbitration and EU Law”, Cambridge Yearbook of European Legal Studies, vol. 18, 2016.
Lavranos N, “Interference of European Commission in the Enforcement of Arbitration Awards: The Micula Case”, Global Investment Protection AG.
Lenk H, “Challenging Notion of Coherence in EU Foreign Investment Policy”, European Journal of Legal Studies, vol. 8, No. 2, 2015.
Lopez J, “Understanding the Notion of State Aid through Policy”, European University Institute, 2012.
Makrygianni Ch, “EU State Aid Law and the Enforcement of Intra-EU Investment Arbitral Awards”, Master Thesis at International Hellenic University, 2016.
Radu A, “Foreign Investors in the EU- Which Treatment? Interaction between Bilateral Investment Treaties and EU Law”, 14 ELJ 237, 2008.
Reinisch A, “The EU on the Investment Path- Quo Vadis Europe? The Future of EU BITs and Other Investment Agreements”, Santa Clara Journal of International Law, vol. 12, 2014.
Sahibi T, The Relation of EU Law and Bilateral Investment Treaties, UMEA University, Master Thesis, 2015.
Schicho L, Member States BITs after the Treaty of Lisbon: Solid Foundation or First Victims of EU Investment Policy? Research Paper in Law, College of Europe, 2012.
Tietje Ch, Wackernagel C, “Outlawing Compliance? The Enforcement of Intra-EU Investment Awards and EU State Aid Law”, Policy Papers on Transnational Economic Law, No. 41, 2014.
Wehland H, “Intra-EU Investment Agreements and Arbitration: Is European Community Law an Obstacle?”, 58 ICLQ, 2009.
Wehland H, “The Enforcement of Intra-EU BIT Awards: Misula v Romania and Beyond”, The Journal of World Investment & Trade, vol. 17, Issue 6, 2016.
Cases & Documents:
Commission Communication “Towards a Comprehensive European International Investment Policy”, COM 2010, 343 Final.
Eastern Sugar B.V. (Netherland) v. The Czech Republic, Partial Awards in March 2007.
Misula Case, Misula v. Romania, ICSID Case No. ARB/05/20, Final Award, 2013.
German Constitutional Court, Lisbon Treaty, Judgment of 30 June 2009.
Eureko BV v. The Slovak Republic, Award on Jurisdiction, Arbitrability and Suspension, Oct 2010.
Seifi, S. J. (2018). EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty. International Law Review, 35(59 (Fall-Winter)), 39-61. doi: 10.22066/cilamag.2018.31883
MLA
Seyyed Jamal Seifi. "EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty". International Law Review, 35, 59 (Fall-Winter), 2018, 39-61. doi: 10.22066/cilamag.2018.31883
HARVARD
Seifi, S. J. (2018). 'EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty', International Law Review, 35(59 (Fall-Winter)), pp. 39-61. doi: 10.22066/cilamag.2018.31883
VANCOUVER
Seifi, S. J. EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty. International Law Review, 2018; 35(59 (Fall-Winter)): 39-61. doi: 10.22066/cilamag.2018.31883