On Tuesday, 24 April 2018, the April MCEL research seminar took place.
Prof. Harm Schepel (Professor of Economic Law at Kent Law School and the Brussels School of International Studies, University of Kent) spoke on the topic ‘The Interaction between EU Law and International Investment Law after Achmea'.
The presentation focused on the question whether international investment law is compatible with EU law. In his abstract, Prof. Schepel provided the following background to the discussion: "The European Commission has held for a long time that intra-EU BITs are pe se unlawful under EU law, whereas investment agreements with third countries entered into by the Union itself are perfectly compatible with the European legal order. After the Court’s judgment in Achmea, it is becoming increasingly difficult to see how the Court’s understanding of the autonomy of EU Law could accommodate such a view. The presentation will discuss the interaction between the two legal orders both substantively and institutionally."
The presentation was followed by a fruitful discussion among MCEL members.
More background information on this topic can be found in the following contribution to the European Law Blog: http://europeanlawblog.eu/2018/03/23/from-conflicts-rules-to-field-preemption-achmea-and-the-relationship-between-eu-law-and-international-investment-law-and-arbitration/ .From Conflicts-Rules to Field Preemption: Achmea and the Relationship between EU Law and International Investment Law and Arbitration