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Investment and Treaty Arbitration: the CJEU’s Decisions on EUSFTA and Achmea BV, the BGH’s and Vattenfalls’ (ICSID) Follow-up, Invalidity v. Non-Application of intra EU BITs

Prof. Dr. Guido Carducci
23 January 2019

In its last issue the ICSID Review (Vol.33, No.2, 2018, pp.582-619) published our article which analyzes four interrelated issues (a State’s capacity to conclude a treaty, the EU’s competence to conclude a treaty and to invalidate or terminate treaties or BITs concluded by Member States, a State’s “consent to be bound by a treaty” and consent to arbitration) and the important CJEU’s decisions on EUSFTA and Achmea BV.

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