EU International Trade and Investment Law

This post sets out the legal reasoning behind the claim that an Energy Charter Treaty exit by a member state is only effective if the EU also leaves the treaty.

In this post, we argue that the analysis of the legal conditions and consequences of withdrawal is an important element that the EU institutions must contribute to the public debate.

This post will offer commentary on the Court’s interpretation of the Opinion procedure (Article 218 (11) TFEU) in the wake of ongoing negotiations to ‘modernise’ the ECT and offer some thoughts on the outcome of the negotiations themselves.

This post argues that autonomy, due to its abstract characteristics, is often subject to power injections leading to incoherent interpretations depending on the subject-matter at hand.

This post focuses on the AG’s arguments concerning the exclusive jurisdiction of the Court of Justice over the definitive interpretation of EU Law.

This post suggests that Achmea might best be read as an attempt to solve the issue through the development of a doctrine of field preemption based on Article 19 TEU, a newcomer in the Court’s ‘autonomy’ caselaw.

This post looks at the Opinion 2/15's effects on the EU’s investment policy and propose a change in the Commission’s approach to the negotiation of international economic agreements.

This post comments on the ECJ's Opinion on the division of powers between the EU and the Member States in international investment law matters.