Admission et protection des investissements étrangers à l’ère des sanctions européennes contre la Russie visant à protéger l’intégrité territoriale de l’Ukraine

Insight

Abstract: The intensification of restrictive measures adopted by the European Union and its member states in the wake of Russia's offensive in Ukraine raises the question of their interaction with legal regimes applicable to foreign investments which follow diametrically opposed objectives. Indeed, recent trends show that foreign investment regimes...

L’effettività del cd. 'regolamento di blocco' tra coercizione straniera e libertà di impresa: la Corte di giustizia si pronuncia nel caso Bank Melli Iran

Insight

Abstract: On 21 December 2021, the Court of Justice decided the case Bank Melli Iran v Telekom Deutschland GmbH (case C-124/20, ECLI:EU:C:2021:1035), relating to the interpretation of Regulation 2271/96 protecting against the effects of extraterritorial application of legislation adopted by a third country, better known as the “blocking...

The Curious Incident of the ‘State Aid’ Granted by an International Arbitral Tribunal

Insight

Abstract: In case C-638/19 P Commission v European Food ECLI:EU:C:2022:50, the Grand Chamber of the Court of Justice of the European Union held that the Commission was competent to assess the compatibility of State aid granted as a consequence of an arbitral award issued against Romania by a tribunal established under a bilateral investment...

Is EU Law International? Case C-741/19 Republic of Moldova v Komstroy LLC and the Autonomy of the EU Legal Order

Insight

Abstract: In case C-741/19 Republic of Moldova v Komstroy LLC ECLI:EU:C:2021:655, the Grand Chamber of the Court of Justice of the European Union found that the acquisition of a claim arising from a contract for the supply of electricity does not constitute an “investment” within the meaning of the Energy Charter Treaty (ECT). Yet the...

The European Commission Trade Policy Review: The Effectiveness of Sustainable Development Chapters in EU FTAs

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Keywords: EU policies – Common Commercial Policy – EU Trade Policy Review – Trade and Sustainable Development – external relations – Free Trade Agreements.
 

On 18 February 2021, the European Commission published its Trade Policy Review, entitled “An Open, Sustainable and Assertive Trade Policy”....

Citizenship, Coronavirus and Questions of Competence

Insight

Abstract: Restrictions on movement imposed in all Member States have necessarily resulted in a restriction of free movement rights of Union citizens, albeit in an incidental manner. These restrictions are nonetheless facilitated by the relevant provisions of primary and secondary law. This is appropriate in light of the multi-level system of...

EU-Vietnam Free Trade Agreement: Insights on the Substantial and Procedural Guarantees for Labour Protection in Vietnam

Insight

Abstract: On 12 February 2020, the European Parliament gave its green light for a free trade agreement between the EU and Vietnam. After its conclusion by the Council and ratification by the Vietnamese General Assembly, it is likely to enter into force in early Summer 2020. During the long negotiation period, the project attracted criticism and...

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