Suchergebnisse

National courts may refer to the decisions of foreign or international courts in their judgments. This book presents an empirical study of this transnational judicial dialogue through a detailed analysis of domestic case law on the privileges and immunities of international organizations.

An increasing number of challenges against the activities and decisions of international organizations are brought before national courts. This book offers an overview of how different courts have dealt with these cases and an analysis of the legal framework which applies to them, identifying common ground across jurisdictions.

In a number of recent investor-state arbitrations on the basis of intra-EU bilateral investment treaties (BITs), respondent states, supported by the EU Commission, have argued that their accession to the EU has rendered existing BITs with old EU Member States obsolete. This argument is mainly based on Articles 30 and 59 of the Vienna Convention on the Law of Treaties, dealing with the effect of subsequent treaties addressing (partly) the same subject matter. This contribution discusses the treaty law implications and explains why, so far, investment tribunals have rejected the idea that BITs and the EU treaties address the same subject matter or would be so far incompatible that BITs have become obsolete.