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EU Foreign Investment Law$
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Angelos Dimopoulos

Print publication date: 2011

Print ISBN-13: 9780199698608

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199698608.001.0001

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EU Law Effects of EU Foreign Investment Law

EU Law Effects of EU Foreign Investment Law

Chapter:
(p.287) 6 EU Law Effects of EU Foreign Investment Law
Source:
EU Foreign Investment Law
Author(s):

Angelos Dimopoulos

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199698608.003.0007

Chapter 6 addresses the Union law effects of EU foreign investment law. It begins with identifying the EU law rights and obligations of EU institutions and Member States arising from the regulation of foreign investment by the EU, focusing on the Union law obligation to comply and perform EU IIAs. Chapter 6 looks also extensively into the scope and application of the Union law obligation to respect the primacy and autonomy of Union law in the field of foreign investment regulation. It examines the compatibility of EU IIAs and, more importantly, of Member States BITs with EU law, it identifies the violations of Union law and assesses the suggested proposals for their remedy. This chapter considers also the enforceability of these Union law obligations, focusing on the scope of judicial review of EU and Member States actions in light of EU IIAs and the creation of individual rights.

Keywords:   compatibility with EU law, member states bilateral investment treaties, energy charter treaty, transitional arrangements, direct effect, judicial review, member states obligations

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