EU External Action in International Economic Law

1. Front Matter

   Pages i-vi

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2. EU External Action in International Economic Law and the Challenges Posed by the EU’s Hybrid Nature

   • Mads Andenas, Luca Pantaleo

   Pages 1-7

3. Emerging Principles of European Investment Protection—After the Example of the Comprehensive Economic and Trade Agreement (CETA)

   • Nanette Neuwahl

   Pages 9-34

4. Pushing Limits: The Principle of Autonomy in the External Relations Case Law of the European Court of Justice

   • Jan Willem van Rossem

   Pages 35-68

5. The European Parliament’s Role in the EU Treaty-Making Procedure from Primary Law to Inter-institutional Agreements and Internal Rules

   • Stefania Lucente

   Pages 69-92

6. The European Union’s External Trade and Investment Policy Post-Lisbon: Competence, Procedure and Scope of Action

   • Gesa Kübek

   Pages 93-120

7. Investor-State Dispute Settlement: Constitutional Challenges and Pitfalls

   • Hannes Lenk

   Pages 121-151

8. The Consensual Termination of Investment Agreements Between EU Member States

   • Clemens Wackernagel

   Pages 153-172

9. EU Law as Applicable Law in International Disputes and Its Procedural Implications

   • Cristina Contartese

   Pages 173-191

10. Is CETA the Promised Breakthrough? Interpretation and Evolution of Fair and Equitable Treatment and (Indirect) Expropriation Provisions

    • Güneş Ünüvar

    Pages 193-219

11. Investor-State Dispute Settlement in EU Trade Agreements in the Light of EU Policy and Law

    • Wybe Th. Douma

    Pages 221-250

12. The European Union and the Energy Charter Treaty: What Next After Achmea?

    • Matthew Happold, Michael De Boeck

    Pages 251-280

13. The International Responsibility of the European Union and of Its Member States for Breaches of Obligations Arising from Investment Agreements: Lex Specialis or European Exceptionalism?

    • Simone Vezzani

    Pages 281-321

14. Convergences and Divergences of Commercial and Investment Arbitration Under Achmea (C-284/16)

    • Lidia Sokolowska

    Pages 323-339

The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor.


The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law.


Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.

• EU external action
• International economic law
• Investment arbitration
• CETA
• Trade agreements

• Faculty of Law, University of Oslo, Oslo, Norway

  Mads Andenas

• Department of Political and Social Sciences, University of Cagliari, Cagliari, Italy

  Luca Pantaleo

• Université du Luxembourg, Luxembourg, Luxembourg

  Matthew Happold

• Hague University of Applied Sciences, The Hague, The Netherlands

  Cristina Contartese

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