Details
| Original language | English |
|---|---|
| Title of host publication | Extraterritoriality of EU Economic Law |
| Subtitle of host publication | The Application of EU Economic Law Outside the Territory of the EU |
| Editors | Nuno Cunha Rodrigues |
| Place of Publication | Cham |
| Publisher | Springer International Publishing AG |
| Pages | 269-286 |
| Number of pages | 18 |
| ISBN (electronic) | 978-3-030-82291-0 |
| ISBN (print) | 978-3-030-82290-3 |
| Publication status | Published - 29 Oct 2021 |
Publication series
| Name | European Union and its Neighbours in a Globalized World |
|---|---|
| Publisher | Springer |
| Volume | 4 |
| ISSN (Print) | 2524-8928 |
| ISSN (electronic) | 2524-8936 |
Abstract
EU legal standards are often based on fundamental principles of EU primary law. They can have extraterritorial effects when influencing or determining the negotiating position of the EU institutions in the process of treaty-making with relation to third countries. A recent example is the international investment protection in the field of energy law. The Union’s position concerning the modernisation of the Energy Charter Treaty draws on the primary law interpretation of the European Court of Justice concerning the compatibility of arbitral tribunals with the autonomy of EU law, its regulatory freedom and the requirements of the rule of law. Although these standards will necessarily contribute to the shaping of a modernised form of investment protection in energy law, it is indispensable to keep a compromise-oriented approach when negotiating the Energy Charter Treaty. The current challenges of energy transition require an effective and sustainable rule based system of international investment protection.
Sustainable Development Goals
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Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU. ed. / Nuno Cunha Rodrigues. Cham: Springer International Publishing AG, 2021. p. 269-286 (European Union and its Neighbours in a Globalized World; Vol. 4).
Research output: Chapter in book/report/conference proceeding › Contribution to book/anthology › Research › peer review
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TY - CHAP
T1 - Extraterritoriality and EU Standards in Investment Law
T2 - The Reform of the Energy Charter Treaty
AU - Germelmann, Claas Friedrich
PY - 2021/10/29
Y1 - 2021/10/29
N2 - EU legal standards are often based on fundamental principles of EU primary law. They can have extraterritorial effects when influencing or determining the negotiating position of the EU institutions in the process of treaty-making with relation to third countries. A recent example is the international investment protection in the field of energy law. The Union’s position concerning the modernisation of the Energy Charter Treaty draws on the primary law interpretation of the European Court of Justice concerning the compatibility of arbitral tribunals with the autonomy of EU law, its regulatory freedom and the requirements of the rule of law. Although these standards will necessarily contribute to the shaping of a modernised form of investment protection in energy law, it is indispensable to keep a compromise-oriented approach when negotiating the Energy Charter Treaty. The current challenges of energy transition require an effective and sustainable rule based system of international investment protection.
AB - EU legal standards are often based on fundamental principles of EU primary law. They can have extraterritorial effects when influencing or determining the negotiating position of the EU institutions in the process of treaty-making with relation to third countries. A recent example is the international investment protection in the field of energy law. The Union’s position concerning the modernisation of the Energy Charter Treaty draws on the primary law interpretation of the European Court of Justice concerning the compatibility of arbitral tribunals with the autonomy of EU law, its regulatory freedom and the requirements of the rule of law. Although these standards will necessarily contribute to the shaping of a modernised form of investment protection in energy law, it is indispensable to keep a compromise-oriented approach when negotiating the Energy Charter Treaty. The current challenges of energy transition require an effective and sustainable rule based system of international investment protection.
UR - http://www.scopus.com/inward/record.url?scp=85167614684&partnerID=8YFLogxK
U2 - 10.1007/978-3-030-82291-0_13
DO - 10.1007/978-3-030-82291-0_13
M3 - Contribution to book/anthology
SN - 978-3-030-82290-3
T3 - European Union and its Neighbours in a Globalized World
SP - 269
EP - 286
BT - Extraterritoriality of EU Economic Law
A2 - Cunha Rodrigues, Nuno
PB - Springer International Publishing AG
CY - Cham
ER -