The European Union’s Investment Policy – The Effects of the Achmea Case and the 2020 Termination Agreement of Intra-EU BITs - Acta Universitatis Sapientiae

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Volume 12, No. 1, 2023
The European Union’s Investment Policy – The Effects of the Achmea Case and the 2020 Termination Agreement of Intra-EU BITs
Erika BIHARI, Veronika SZIKORA

Acta Univ. Sapientiae, Legal Studies, 12, 1 (2023) 5–21

DOI: https://doi.org/10.47745/AUSLEG.2023.12.1.01

Abstract. The increasing involvement of the European Union (EU) in the field of investment protection has been a source of several conflicts in the recent years. Also, this phenomenon has led to significant changes in international and EU investment protection regulations and related dispute settlement or even arbitration procedures. In this article, we briefly present what investment protection usually means and how investment protection law has developed. Later on, we cover the investment protection policy of the EU, including its regulations and reform efforts related to investment protection. Last but not least, we highlight the problems of investment protection litigation in the EU, based on a judgment of the CJEU and a multilateral agreement between Member States (Termination Agreement).


Keywords: investment protection, EU’s judgment, Achmea case, bilateral investment treaties, Termination Agreement, investment protection policy of the EU, investment protection regulation, arbitration procedures

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