Investment arbitration and EU's credibility as an economic actor

Research output: Chapter in Book/Report/Conference proceedingChapter


In Achmea, the European Court of Justice uphold the European Commission’s standpoint vis-à-vis the incompatibility of intra-European Union bilateral investment treaties with the autonomy of EU legal order. It remains controversial, however, whether the objections raised to the latter treaties or to mixed agreements in particular are exclusively due to allowing disputes concerning EU law being solved outside EU’s jurisdiction, or whether these objections would surface even if the agreements were not mixed. This communication seeks to foresee the European Court of Justice’s attitude in a pending proceeding (Opinion 1/17), concerning the compatibility of Comprehensive Economic and Trade Agreement (with Canada) and its investment dispute settlement provisions with EU primary law.
Original languageEnglish
Title of host publicationBook of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society
EditorsLorenzo Bujosa Vadell, Fábio da Silva Veiga, Otmar Seul, Stephanie Rohlfing-Dijoux
Place of PublicationSalamanca
PublisherUniversity of Salamanca
ISBN (Print)9788409048953
Publication statusPublished - 2019


  • European Union
  • Investment treaties
  • Autonomy
  • Comprehensive economic and trade agreement
  • Investor-State dispute settlement
  • Credibility


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