EU BITs

The uncertain future of the Energy Charter Treaty: Belgium asks the European Court of Justice to rule on the compatibility of the modernized ECT with EU law

The relationship between the ECT and EU law is characterized by complexity and legal uncertainty, especially as far Article 26, the ECT’s dispute settlement mechanism and its application in an intra-EU setting is concerned. This article examines the question of whether the Achmea judgment’s finding on the incompatibility of intra-EU investment arbitration under BITs also affects the dispute settlement mechanism under the ECT

News  |  March 23, 2021

Progress report on ECT modernization negotiations indicates familiar divisions among delegations as push for EU withdrawal grows

Following three negotiation rounds on ECT modernization last year, the most recent of which concluded on November 6, 2020, a leaked progress report from December 2020 suggests that state parties are still divided on key issues. This makes progress in negotiations, which require consensus from the national delegations, difficult to come by.

News  |  July 14, 2020

EC launches consultation on facilitating intra-EU investment

On May 26 2020, the EC launched a consultation to clarify and supplement rules on cross-border investment within the EU. According to the consultation document released by the EC, the […]

News  |  April 23, 2019

Achmea judgement fallout: 22 EU member states agree to terminate intra-EU BITs

Twenty-two EU member states endorsed a political declaration on January 15, 2019, where they announced a series of actions involving existing intra-EU BITs and upcoming or ongoing investment arbitration.

Achmea: The Beginning of the End for ISDS in and with Europe?

Current and future investment treaties and chapters involving EU member states or the Union itself may be profoundly impacted by a landmark ruling of the European Court of Justice (ECJ). In this piece, the author explores the judgement from an EU constitutional point of view and analyzes potential consequences. Did the Achmea ruling come as a surprise to EU law insiders?

Intra-EU Investment Protection: Up the Creek Without a Paddle

In theory, the common European market works based on principles that protect intra-EU cross-border investments. In practice, can these principles be reconciled with dozens of intra-EU BIT still in place?

Only a Brief Pause for Breath: The Judgment of the German Federal Constitutional Court on CETA

Over 125,000 complainants requested a temporary injunction against Germany’s approval of the Canada–European Union Comprehensive Economic and Trade Agreement (CETA). While rejecting the request, what concerns did the German Federal Constitutional Court raise with respect to CETA?

News  |  December 12, 2016

CETA signed; Canada and European Union to “work expeditiously” on creating a Multilateral Investment Court

On October 30, during the 16th European Union–Canada Summit held in Brussels, the two negotiating partners signed the Comprehensive Economic and Trade Agreement (CETA), after seven years of negotiations.

Can EU Member States Still Negotiate BITs with Third Countries?

Foreign direct investment became part of the sphere of exclusive competence of the European Union in 2009. Since then, the European Commission has been negotiating investment treaties with a number of countries—as well as authorized several individual EU member states to negotiate BITs.

News  |  August 10, 2016

News in Brief

Brexit and contentious topics complicate TTIP negotiations; public opposition continues

EU negotiation agenda to continue despite Brexit; MERCOSUR and Indonesia at sight

United Kingdom makes trade and investment negotiation moves for post-Brexit era

CETA to be concluded as a mixed agreement; commission hopes for signing in october

RCEP partners conclude 13th negotiating round in auckland; three further rounds in 2016

India takes steps to reform its investment policy framework after approving new model BIT

News  |  August 10, 2016

EU negotiation agenda to continue despite Brexit; MERCOSUR and Indonesia at sight

Despite the uncertainties in TTIP negotiations, EU Trade Commissioner Cecilia Malmström said they would survive Brexit, and is pushing to conclude negotiations before U.S. President Barack Obama leaves office in early 2017.

News  |  August 10, 2016

CETA to be concluded as a mixed agreement; Commission hopes for signing in October

On July 5, 2016, the European Commission proposed to the Council that the Canada–European Union CETA—agreed to in 2014 and re-concluded in February 2016—be signed as a “mixed agreement,” requiring signature and ratification by each of the EU member states.

Mappinginvestmenttreaties.com: Uncovering the secrets of the investment treaty universe

Did you know that the United Kingdom’s treaty network is twice as consistent as that of Egypt or Pakistan? Have you noticed that 81 per cent of the TPP’s investment chapter is the same as the investment chapter in the U.S.–Colombia FTA, concluded ten years before, in 2006? Treating investment treaty texts as data can equip policy-makers, practitioners and researchers with a more sophisticated understanding of the universe of international investment agreements.

ITN  |  January 14, 2013

News in Brief

Canada receives investor complaints over provincial energy and environment policies In recent months the government of Canada has received two complaints related to energy and environmental policies adopted by its […]

Analysis of the European Commission’s Draft Text on Investor-State Dispute Settlement for EU Agreements

With the European Union’s Lisbon Treaty, in force since December 2009, foreign direct investment fell under the exclusive competence of the European Union (EU). Since then the three European institutions—the […]

ITN  |  July 1, 2011

While the EU member states insist on the status quo, the European Parliament calls for a reformed European investment policy

The Lisbon Treaty, in force since 1 December 2009, added Foreign Direct Investment (FDI) to the exclusive common commercial policy of the European Union, without foreseeing any transition measures. Today […]

ITN  |  December 16, 2010

News in Brief

European Union institutions consider the EU’s future international investment policy Debate on the future of the European Union’s international investment policy is heating up as EU institutions weigh in with […]

ITN  |  December 16, 2010

Awards and decisions

Georgia loses dispute with Greek and Israeli oil investors Ioannis Kardassopoulos and Ron Fuchs v. The Republic of Georgia (ICSID Case Nos. ARB/05/18 and ARB/07/15) Martin D. Brauch Two oil […]

ITN  |  September 23, 2010

Bilateral Investment Treaties and Preferential Trade Agreements: Is a BIT really better than a lot?

With the often costly and far-reaching implications when investors use Bilateral Investment Treaties (BITs) to adjudicate claims against developing countries, governments in the developing world need powerful arguments to justify that these treaties are in their national interest. One notable contribution to this debate has recently been put forth by political scientists Jennifer Tobin and Mark Busch, who set out to investigate the link between BITs and preferential trade agreements (PTAs). Using statistical techniques, they analyse annual data on pairs of developing and developed countries between 1960 and 2004 and conclude that BITs “raise the prospects of getting a North-South PTA with all the deeper and reciprocal obligations that these entail.”

Reclaiming the public interest in Europe’s international investment policy: Will the future EU BITs be any better than the 1200 existing BITs of EU member states?

The Lisbon Treaty has shifted the competence related to Foreign Direct Investments (FDI) from the European Union Member States to the Union and has added it to the Union’s exclusive common commercial policy. This transfer of competence not only requires the development of a common EU investment policy, but also legislative steps to clarify the status of the 1200 existing Bilateral Investment Treaties (BITs) of the EU Member States and their ongoing BIT negotiations. This offers a unique opportunity for an assessment of the existing BITs and for an open and broad discussion on the future European international investment policy.

Towards a comprehensive European international investment policy: An interview with Tomas Baert, European Commission, Directorate General for Trade, Services and Investment

With the EU’s Lisbon Treaty granting the European Union competence over Foreign Direct Investment, the European Commission released two documents in July that help chart the way forward: a draft […]

ITN  |  September 28, 2009

Advocate General renders opinion on Finland’s investment treaties with non-EU countries; Sweden begins compliance with earlier ECJ decision

October 2, 2009 Correction: The original version of this article indicated that the ECJ had rendered a decision in the case Finland. In fact, an Advocate General has issued an […]

ITN  |  March 4, 2009

European Court of Justice rules that certain Swedish and Austrian BITs are incompatible with the EC Treaty

The European Court of Justice (ECJ) has ruled that certain clauses in Sweden and Austria’s bilateral investment treaties are incompatible with the European Community (EC) Treaty.

ITN  |  February 10, 2009

EU Member States reject the call to terminate intra-EU bilateral investment treaties

By Damon Vis-Dunbar 10 February 2009 The majority of European Union Member States want to maintain the network of bilateral investment treaties (BITs) that exist between themselves, despite concerns by […]

ITN  |  July 17, 2008

News: ECJ advocate general argues some Austrian and Swedish BITs are incompatible with EU law

By Damon Vis-Dunbar 17 July 2008 The ECJ advocate general sides with the European Commission in arguing that Austria and Sweden should have amended some of the pre-accession BITs with […]

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