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The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law

The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law AbstractCurrent developments in the field of international investment relations are influenced by the ruling of the Court of Justice in the Achmea case, when de facto European law became superior to international law. The verdict of the Court of Justice changes the usual legal procedures and customs in the field of bilateral investment agreements. However, the impact of this court decision is an almost unexplored area due to the lack of interest of legal theorists, and it is relatively difficult to find answers to the ambiguities and problems that have arisen. The scientific study analyses the current process of introducing new rules in the field of investment policy within the European Union, which means the end of bilateral investment agreements within the European Union. It also examines the European Union’s activities in the field of foreign direct investment and the development of a stable European investment policy. Determining the goal of the scientific study is based directly on current needs and emerging practical problems in practice. Their correct understanding and application has a fundamental impact on the possibilities of rules in the field of investment policy. Due to the nature of the researched topic, we applied selected qualitative methods suitable for recognising the law. However, we also analysed scientific literature, case-law and the analogy of law, thus providing qualified answers to the application pitfalls of legal practice. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Journal of European Studies de Gruyter

The Common European Investment Policy and Its Perspectives in the Context of the Achmea Case Law

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Publisher
de Gruyter
Copyright
© 2021 Daniela Nováčková et al., published by Sciendo
ISSN
2228-0596
eISSN
2674-4619
DOI
10.2478/bjes-2021-0010
Publisher site
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Abstract

AbstractCurrent developments in the field of international investment relations are influenced by the ruling of the Court of Justice in the Achmea case, when de facto European law became superior to international law. The verdict of the Court of Justice changes the usual legal procedures and customs in the field of bilateral investment agreements. However, the impact of this court decision is an almost unexplored area due to the lack of interest of legal theorists, and it is relatively difficult to find answers to the ambiguities and problems that have arisen. The scientific study analyses the current process of introducing new rules in the field of investment policy within the European Union, which means the end of bilateral investment agreements within the European Union. It also examines the European Union’s activities in the field of foreign direct investment and the development of a stable European investment policy. Determining the goal of the scientific study is based directly on current needs and emerging practical problems in practice. Their correct understanding and application has a fundamental impact on the possibilities of rules in the field of investment policy. Due to the nature of the researched topic, we applied selected qualitative methods suitable for recognising the law. However, we also analysed scientific literature, case-law and the analogy of law, thus providing qualified answers to the application pitfalls of legal practice.

Journal

Baltic Journal of European Studies – de Gruyter

Published: May 1, 2021

Keywords: Achmea case; Court of Justice; investments; law; treaty

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