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      Autonomy and international investment agreements after Opinion 1/17

      Europe and the World: A law review

      UCL Press

      autonomy, investment, CETA, ICS, intra-EU BITs, Achmea , Opinion 1/17

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          Abstract

          The application and implications of the principle of autonomy for international investment agreements concluded by the Member States and the European Union (EU) has become a recurrent theme before the Court of Justice of the European Union. The decisions in Achmea and Opinion 1/17 show that autonomy unfolds differently in intra- and extra-EU investment relations and can only be preserved in the latter context. The present article examines this difference and, in light of Opinion 1/17, seeks to explain how and why the autonomy of EU law can be preserved for international investment agreements through careful treaty design. In addition, it sheds some light on the practical consequences for the EU’s and the Member States’ external investment relations.

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          Author and article information

          Journal
          EWLR
          Europe and the World: A law review
          UCL Press
          2399-2875
          29 September 2020
          : 4
          : 1
          Affiliations
          Research Associate, Leuphana University Lüneburg, Germany, and PhD candidate, University of Passau, Lüneburg, Germany; gesa.kuebek@ 123456leuphana.de
          Article
          EWLR-4-9
          10.14324/111.444.ewlj.2020.27
          © 2020, Gesa Kübek.

          This is an open-access article distributed under the terms of the Creative Commons Attribution Licence (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/, which permits unrestricted use, distribution and reproduction in any medium, provided the original author and source are credited • DOI: https://doi.org/10.14324/111.444.ewlj.2020.27.

          Page count
          Pages: 15
          Categories
          Article
          Custom metadata
          G. Kübek, ‘Autonomy and international investment agreements after Opinion 1/17’ [2020] 4( 1): 9. Europe and the World: A law review [15]. DOI: https://doi.org/10.14324/111.444.ewlj.2020.27.

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          Volume 4, Issue 1

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