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Investors’ Remedies under EU Law and International Investment Law

Paparinskis, M; (2016) Investors’ Remedies under EU Law and International Investment Law. Journal of World Investment and Trade , 17 (6) pp. 919-941. 10.1163/22119000-12340022. Green open access

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Abstract

Legal orders of international investment law and European Union law both provide remedies for investors. This article does not consider whether these remedies are available to the same actors in relation to the same conduct. The argument is limited to comparison of remedies under investment law, almost exclusively compensatory in character and implemented through investor-State arbitration, with remedies under EU law, particularly State liability claims in domestic courts. This comparison at the level of legal principle is not nonsensical – concepts of attribution, breach, rights, and causality do evoke somewhat similar considerations – but ultimately the extent of systemic differences as well as lack of information about crucial aspects of remedies make these matters incommensurable. It is not obvious that comparison of experience of States that have been addressees of both kinds of remedies is more illuminating than the comparison of principle.

Type: Article
Title: Investors’ Remedies under EU Law and International Investment Law
Open access status: An open access version is available from UCL Discovery
DOI: 10.1163/22119000-12340022
Publisher version: http://dx.doi.org/10.1163/22119000-12340022
Language: English
Additional information: © Koninklijke Brill NV, Leiden, 2016.
Keywords: Breach; causation; compensation; European Union law; incommensurate; international investment law; remedies; rights
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1517804
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