Legal Issues within EU and Member States concerning Bilateral Investments Treaties
Legal Issues within EU and Member States concerning Bilateral Investments Treaties
Author(s): Annalisa Daniela PuppoSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Editura Universitatii Transilvania din Brasov
Keywords: intra-EU BITs; extra-EU BITs; Termination Agreement; Regulation (EU) No. 1219/2012;
Summary/Abstract: The article’s aim is to analyse the legal issues concerning the compatibility with the EU law of Bilateral Investments Treaties concluded between Member States themselves (intra-EU BITs), on the one hand, and Member State and Third State on the other hand (extra-EU BITs). The questions arise as a consequence of the shift of competence for Foreign Direct Investments from the Member States to the EU, so it is approached as a problem of compatibility between sources of law that belong to different legal systems: international law and European Union law. The author’s conclusion is that the EU has, despite several difficulties, succeeded in preserving the autonomy and the primacy of its legal order.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 14/2021
- Issue No: Suppl
- Page Range: 71-80
- Page Count: 10
- Language: English