The Legal Issues Arising from the Investors' Reliance on Sunset Clauses after the Termination of Intra-EU BITs

Student: Varga Kata

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This thesis is dedicated to the analysis of the continuance of investors’ procedural protection arising from sunset clauses in intra-EU BITs after the entry into force of the Agreement on the termination of investment treaties in the EU. The investors’ right to initiate arbitral proceedings is examined by recourse to a public international law paradigm and the principles governing the establishment of an arbitral tribunal’s jurisdiction. Additionally, the investors’ perspectives on the enforcement of their rights in arbitration are also assessed by taking into account the Achmea decision of the European Court of Justice. Finally, other means of protection are considered.

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