Gaspar-Szilagyi, Szilard  ORCID: https://orcid.org/0000-0001-7204-406X
2025.
State compliance with intra-EU investment awards or the EU 'elephant' in the investment 'porcelain shop'.
Groussot, Xavier, Öberg, Marja-Liisa and Butler, Graham, eds.
The EU Law of Investment: Past, Present, and Future,
Vol. 20.
Swedish Studies in European Law,
Oxford:
Hart Publishing,
131–154.
(10.5040/9781509965885.ch-008)
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Abstract
The EU’s entry into the field of international investment law (IIL) and investment treaty arbitration (ITA) is more akin to the unwanted presence of an elephant in a porcelain shop, than the smooth entry of a new actor into a system of international law with established rules and practices, which all actors of the system ought to obey. This chapter explains why – in the author’s view – Achmea, and more recently PL Holdings, Komstroy, and Commission v Micula, not only create unnecessary complexity for investors, states, and the Commission alike, but they also cause unforeseen consequences for judicial certainty, comity, the enforcement of Member States’ existing international obligations, the issue of compliance, and they have the potential of undermining the enforcement of EU law obligations as well. It is a case of how the actions of overzealous EU institutions such as the Commission and the Court of Justice, in a field which they do not fully understand, have created several unforeseen results.
| Item Type: | Book Section |
|---|---|
| Date Type: | Publication |
| Status: | Published |
| Schools: | Schools > Cardiff Law & Politics |
| Publisher: | Hart Publishing |
| ISBN: | 9781509965854 |
| Related URLs: | |
| Last Modified: | 22 Jan 2026 11:31 |
| URI: | https://orca.cardiff.ac.uk/id/eprint/183497 |
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