Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law

Exclusion of the application of bilateral investment treaties between EU Member States under international law and incompatibility of these agreements with EU law Abstract The thesis maps the genesis of the conflict between bilateral agreements on investment protection between EU member states and EU law since its beginning, outlining the historical development, the relationship between international law and EU law and the modifications brought by the Lisbon Treaty in the field of investment protection by including foreign direct investment into EU policy. It lays down the key reasons for the different underpinnings of international and EU law, underpinning both the CJEU judicial doctrines of autonomy and supremacy on which EU law is founded and relevant investment arbitration case law. From the point of view of incompatibility, it focuses on the most fundamental arbitration clause, the non-compliance with EU law of which is illustrated by the case law of the CJEU in the foreground with the Achmea decision and the opinions of the European Commission. It further evaluates the possibility of excluding the application of bilateral agreements on investment protection between EU member states by applying specific provisions of the VCLT (Articles 59, 30, 54), and while doing so it compares investment protections..