Unit:
Department of LawLibrary of the School of Law
Author:
Tagaroulias Charalampos
Dissertation committee:
1) Φωτεινή Παζαρτζή, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
2) Μεταξία Κουσκουνά, Επίκουρη Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
3) Αναστάσιος Γουργουρίνης, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
4) Χαράλαμπος Παμπούκης, Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
5) Μαρία Γαβουνέλη, Αναπληρώτρια Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
6) Ρεβέκκκα-Εμμανουέλα Παπαδοπούλου, Αναπληρώτρια Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
7) Εμμανουήλ Περάκης, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Original Title:
International investment law and the law of the European Union : a relationship shaped by regionalism and interregionalism in the post- Lisbon era
Translated title:
International investment law and the law of the European Union : a relationship shaped by regionalism and interregionalism in the post- Lisbon era
Summary:
The dissertation delves into the complex relation of EU law with international law through the lenses of international investment law and ‘interregionalism’ in the form of the ‘new generation agreements’ of the European Union. The Union has emerged as an autonomous legal order mainly through the case-law of its Court, and recently has expanded its external competences striving to create a unified external EU trade policy that will replace the international agreements of its Member States. International investment law poses real challenges in these efforts as it may impinge on the autonomy of EU law and the right of the Court to authoritatively decide on disputes that involve the interpretation of EU law.
The recent jurisprudence of the CJEU has not shed much light on the perplexed issue of ISDS despite the stamp of approval that the CETA has received. Moreover, the talk about the abolition of the intra-EU Bilateral Investment Treaties has left investors wondering about the extent of investment protection within the Union and the means for effective
redress. The new parameters that the CJEU and the international ISDS arbitral tribunals have set for the interplay between EU law and international investment law are thoroughly analyzed from the perspective of both EU and international law, while substantial and procedural solutions are presented with the purpose of safeguarding investments without
infringing the EU autonomy. On the other hand, while most see a fragmented international plain from the proliferation of the interregional free trade agreements, this dissertation
points the opposite direction arguing the coordination of international through the global
standardization that this kind of agreement create, especially in the field of investment protection. Further, it is argued that the EU can authoritatively influence the coordinating process through its ‘new generation’ agreements, while making sure that its autonomy
stays intact and the integration of its internal market keeps growing via a EU wide investment protection approach.
Main subject category:
Law and Legislation
Other subject categories:
International Law
Keywords:
international investment law, International investment, ISDS, arbitration, CETA, autonomy, BIT, fragmentation
Number of references:
350
File:
File access is restricted until 2026-11-13.
ΔΙΑΤΡΙΒΗ ΧΑΡΑΛΑΜΠΟΥ ΤΑΓΑΡΟΥΛΙΑ.pdf
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File access is restricted until 2026-11-13.
