EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

SEIFI SEYED JAMAL; HASSANKHANI ALI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: INTERNATIONAL LAW REVIEW Year:2019 | Volume:- | Issue:59 Page(s): 39-61

Download Full-Text

Persian Verion

View:

241

Download:

Cites:

Information Journal Paper

Title

EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty

Author(s)

SEIFI SEYED JAMAL | HASSANKHANI ALI | Issue Writer Certificate

Keywords

Lisbon TreatyQ1

Bilateral Investment TreatiesQ1

European CommissionQ1

Micula CaseQ1

State AidQ1

Abstract

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.

Cites

No record.

References

No record.

Cite

APA: Copy

SEIFI, SEYED JAMAL, & HASSANKHANI, ALI. (2019). EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty. INTERNATIONAL LAW REVIEW, -(59 ), 39-61. SID. https://sid.ir/paper/397805/en

Vancouver: Copy

SEIFI SEYED JAMAL, HASSANKHANI ALI. EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty. INTERNATIONAL LAW REVIEW[Internet]. 2019;-(59 ):39-61. Available from: https://sid.ir/paper/397805/en

IEEE: Copy

SEYED JAMAL SEIFI, and ALI HASSANKHANI, “EU Law and Member States’ Investment Treaties: With Reference to the Lisbon Treaty,” INTERNATIONAL LAW REVIEW, vol. -, no. 59 , pp. 39–61, 2019, [Online]. Available: https://sid.ir/paper/397805/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops