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Society of Legal Scholars (SLS) Conference 2018, Conflict of Laws Section

For the second time, the Society of Legal Scholars (SLS) conference, held this September at Queen Mary University of London, ran a conflict of laws section (more papers on conflict of laws given in other sections here, look for “conflict of laws”). Michael Douglas provides a charming report. Hopefully this is a sign of increased appreciation of conflict of laws as a scholarly discipline.

The latest issue of Cuadernos de Derecho Transnacional (2018/2)

The latest issue of Cuadernos de Derecho Internacional, a journal published half-yearly and chiefly devoted to private international law, is now available on-line here.

It includes more than forty articles, written in Spanish, English and Italian, on topics such as actions for damages resulting from acts restricting free competition, the law applicable to divorce, dispute settlement clauses in maritime contracts and party autonomy under the EU regulations on matrimonial property regimes and the property consequences of registered partnerships.

Nagy on intra-EU BIT’s after Achmea

Csongor István Nagy (University of Szeged, Faculty of Law) has posted on SSRN a paper titled Intra-EU Bilateral Investment Treaties and EU Law after Achmea: ‘Know Well What Leads You Forward and What Holds You Back’, which appeared in 19(4) German Law Journal 2017, pp. 981-1016.

The abstract reads as follows.

This paper analyzes the compatibility of intra-EU bilateral investment treaties – intra-EU BITs – with EU law. The status and validity of intra-EU BITs gave rise to a heated debate in Europe, which culminated in the CJEU’s recent controversial judgment in Achmea. This Article demonstrates that although the CJEU approached intra-EU BITs from the angle of federalism – where they are both redundant and illegitimate – the reality is that EU law does not provide for the kind of protection afforded by BITs. The paper gives both a positivist and a critical assessment of the Achmea ruling. It argues that the judgment should be construed in the context of the underlying facts and, hence, notwithstanding the CJEU’s apparently anti-arbitration attitude, its holding is rather narrow. It gives an alternative theory on intra-EU BITs’ fit in the EU internal market – based on European reality – showing that the complete invalidation of intra-EU BITs is flawed because the overlap between BITs and EU law is merely partial: BITs address a subject EU law does not. This Article’s central argument is that intra-EU BITs accelerate the internal market and, hence, their suppression does not lead the European integration further, but holds it back. Finally, this Article argues that the prevailing pattern of investment protection is a global scheme that cannot be arrested through regional unilateralism as essayed by the CJEU.