Abstract

Are investors entitled to the same level of protection under investment treaties and EU law? This article will examine some of the principal differences and overlaps in the level and scope of protection which foreign investors can enjoy under intra-EU international investment agreements (IIAs) and EU law. The primary focus of analysis will be on key substantive protection standards which intra-EU IIAs offer and their counterparts in EU law. Comparative analysis of intra-EU investment treaties with EU rules on investment protection offers a fresh opportunity to revisit the origins and history of international investment agreements, trace their recent transformation and analyse their interactions with other international and supranational rules to which investors can also resort to protect their economic rights vis-à-vis host states.

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