Investment protection in EU-UK relations after Brexit

Details

Serval ID
serval:BIB_AFB25D92A3A2
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Investment protection in EU-UK relations after Brexit
Journal
ICSID Review - Foreign Investment Law Journal
Author(s)
Wuschka Sebastian, Peters Laura
ISSN
0258-3690
Publication state
Published
Issued date
05/08/2022
Peer-reviewed
Oui
Language
english
Abstract
With the United Kingdom’s withdrawal from the EU, in particular from its internal market, the customs union and all of the EU’s international agreements, a new chapter in Europe’s legal, economic and political history has begun. This note sets out the consequences of Brexit for investment protection and arbitration, focusing on EU-UK investment relations. In a first step, it addresses the EU-UK Trade and Cooperation Agreement’s investment protection provisions and its unique dispute settlement mechanism before turning to the fate of the United Kingdom’s bilateral investment treaties with EU Member States as well as the Energy Charter Treaty. Even though these investment treaties are likely to remain in force, the article concludes that, from the point of view of EU investors in the UK and UK investors in the EU, it can overall be seen as a clear omission that the Trade and Cooperation Agreement does not regulate investment protection in a comprehensive manner. The current situation leaves significant gaps in treaty protection, especially for investments from and into the Western EU Member States.
Keywords
ICSID, Brexit, Investment, Arbitration, Dispute Settlement
Create date
15/03/2022 12:19
Last modification date
21/08/2022 6:41
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