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The compatibility of ISDS provisions in bilateral investment treaties and the energy charter treaty with EU law

(2020)
Author
Promoter
(UGent) and Matthew Happold
Organization
Abstract
The thesis examines the relationship between investor-state dispute settlement (ISDS) provisions in bilateral and mixed investment agreements with EU law from the perspectives of international law and the EU legal order post-Lisbon. From international law’s perspective, the thesis concludes that those provisions remain internationally binding. From EU law’s perspective, it determines the legal effect of international obligations in Member States’ BITs and the Energy Charter Treaty within the EU legal order. Those international obligations may be recognized under certain conditions, but only up to the limits of the nebulous notion of EU law’s “autonomy”. It therefore examines the nature and requirements of EU law’s autonomy on the compatibility of ISDS provisions, finding that the ISDS provisions in the ECT and many of the 1.286 remaining extra-EU BITs are at present incompatible with EU law. Consequently, the thesis exposes a fundamental incongruity between the international and EU law effects of international investment treaties because those ISDS provisions cannot sort effects within the EU legal order, even though they remain binding internationally.

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MLA
De Boeck, Michael. The Compatibility of ISDS Provisions in Bilateral Investment Treaties and the Energy Charter Treaty with EU Law. Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance, 2020.
APA
De Boeck, M. (2020). The compatibility of ISDS provisions in bilateral investment treaties and the energy charter treaty with EU law. Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance.
Chicago author-date
De Boeck, Michael. 2020. “The Compatibility of ISDS Provisions in Bilateral Investment Treaties and the Energy Charter Treaty with EU Law.” Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance.
Chicago author-date (all authors)
De Boeck, Michael. 2020. “The Compatibility of ISDS Provisions in Bilateral Investment Treaties and the Energy Charter Treaty with EU Law.” Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance.
Vancouver
1.
De Boeck M. The compatibility of ISDS provisions in bilateral investment treaties and the energy charter treaty with EU law. Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance; 2020.
IEEE
[1]
M. De Boeck, “The compatibility of ISDS provisions in bilateral investment treaties and the energy charter treaty with EU law,” Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance, 2020.
@phdthesis{8707715,
  abstract     = {{The thesis examines the relationship between investor-state dispute settlement (ISDS) provisions in bilateral and mixed investment agreements with EU law from the perspectives of international law and the EU legal order post-Lisbon. From international law’s perspective, the thesis concludes that those provisions remain internationally binding. From EU law’s perspective, it determines the legal effect of international obligations in Member States’ BITs and the Energy Charter Treaty within the EU legal order. Those international obligations may be recognized under certain conditions, but only up to the limits of the nebulous notion of EU law’s “autonomy”. It therefore examines the nature and requirements of EU law’s autonomy on the compatibility of ISDS provisions, finding that the ISDS provisions in the ECT and many of the 1.286 remaining extra-EU BITs are at present incompatible with EU law. Consequently, the thesis exposes a fundamental incongruity between the international and EU law effects of international investment treaties because those ISDS provisions cannot sort effects within the EU legal order, even though they remain binding internationally.}},
  author       = {{De Boeck, Michael}},
  language     = {{eng}},
  pages        = {{xii, 442}},
  publisher    = {{Universiteit Gent. Faculteit Recht en Criminologie ; Université du Luxembourg. The Faculty of Law, Economics and Finance}},
  school       = {{Ghent University}},
  title        = {{The compatibility of ISDS provisions in bilateral investment treaties and the energy charter treaty with EU law}},
  year         = {{2020}},
}