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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.
Fourth Issue of 2018’s Revue Critique de Droit International Privé
The last issue of the “Revue critique de droit international privé” will shortly be released.
This is a special edition for the celebration of the fiftieth anniversary of the Brussels Convention of 1968, composed of fourteen articles from all over Europe.
The articles are authored by Hélène Gaudemet-Tallon (“La convention de Bruxelles du 27 septembre 1968: 50 ans”); Jürgen Basedow (“L’espace judiciaire européen et ses voisins”); Paul Beaumont, (“Forum non conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”); Andrea Bonomi (“50 ans de Convention de Bruxelles: ce n’est qu’un début, continuons le combat!”); Francisco Garcimartín (“Brussels I instruments: past, present and… future”); Trevor C. Hartley (“The Brussels Convention in International Perspective”); Alex Mills (“The Brussels Convention 1968: A Code and a Concept”); Rui Manuel Moura Ramos (“La Convention de Bruxelles, un demi-siècle après”); Charalambos Pamboukis, “La Convention de Bruxelles: une convention constituante et un système de conflit de juridictions fédéral?”); Monika Pauknerová (“Reflections on the Brussels Convention from the Czech perspective”); Fausto Pocar (“La longue marche de Bruxelles I: un parcours encore inachevé?”); Peter Schlosser (“Observations autour du cinquantième anniversaire de la Convention de Bruxelles”); Symeon C. Symeonides (“The Brussels Convention Fifty Years Later: A View from Across the Atlantic”); and Maciej Szpunar (“Droit international privé de l’Union: cohérence des champs d’application et/ou des solutions?”).
A full table of contents is available here.
ELI-UNIDROIT & ERA Conference to be held in Trier (Germany) on 26-27 November 2018
On 26-27 November, a Conference entitled From Transnational Principles to European Rules of Civil Procedure will be held in Trier (Germany). This conference is being organised by the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), in cooperation with the Academy of European Law (ERA). Please click here for more information, including the programme of the conference.
As some of you may know, ELI and UNIDROIT are currently working on a joint project entitled “From Transnational Principles to European Rules of Civil Procedure.” It builds upon an instrument produced jointly by the ALI (American Law Institute) and UNIDROIT entitled “Principles of Transnational Civil Procedure” and aims at the regional development of those Principles.
There are currently 9 working groups on different aspects of civil procedure, in addition to an overarching working group dealing with structure. For further information about the background of this project, click here.
As indicated on the conference’s website: “[t]his public Conference aims at presenting the advanced results achieved by the project’s current and former working groups. Participants of the Conference will have a chance to get a sense of the whole project as the work is drawing to an end. Members of the project as well as other esteemed experts in the field of civil procedure will present the achievements and challenges of the work of the respective working groups and stimulate a discussion on selected pressing legal issues in the area of civil procedure.”