Investment Protection in the European Union

1 Abstract This dissertation deals with investment protection in the European Union from several points of view. The first part deals with the history of investment protection and its main basis and grounds for current legislation and proposals for future regulation, particularly within the EU. In subsequent parts, current legislation and intra-European Union investment protection is analysed in detail, including the question of validity and applicability of Intra-EU BITs, i.e. bilateral treaties concluded between two EU Member States. The analysis is made from the perspective of EU law, as well as from the point of view of public international law. The dissertation further deals with their relationship and demonstrates contradictions between them in two crucial cases, Eureko/Achmea and Micula. Additional themes of this dissertation are the powers of the European Union regarding investment protection and the conclusion of international treaties such as CETA and TTIP. This dissertation further deals with the status, jurisdiction and functioning of the International Centre for Settlement of Investment Disputes (ICSID), demonstrating the relatively smooth and widely accepted investment dispute settlement mechanism. In this regard, the proposed EU Multilateral Investment Court project in analysed, including a..