The clash between international legal order and the autonomy of the EU law makes Spanish government disregard its international obligations as English courts continue attaching government owned buildings. Instituto Vicente Cañada Blanch building on Portobello Road was provisionally arrested on 4 August 2023 following the ICSID arbitration decision in Antin case. The Lisbon Treaty granted […]...
The EU announced yesterday plans for joint withdrawal form Energy Charter Treaty (ECT), ending the last dramatic efforts to reform it. ECT was blamed for threatening the autonomy of the EU law and distorting climate goals throug fossil fuel investments. This marks the beginning of the end of the saga of the single most invoked investment agreement that gave legal basis for […]...
In the Achmea case, the Court found that investor-state arbitration clauses in intra-EU BITs are not compatible with the EU Treaties and therefore cannot be applied after the date on which the last of the parties to the intra-EU BIT became an EU Member State. Following this CJEU line of thought the Lithuanian Government decided […]...
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