Professor Panos Koutrakos has written an analysis of the relationship between international investment arbitration and EU law. It is entitled ‘The anatomy of autonomy: themes and perspectives on an elusive principle’ and is published by the European Central Bank in the recent volume Building bridges: central banking law in an interconnected world. It is based on a talk he gave at the 2019 Legal Conference that the European Central Bank organised last year.
Professor Koutrakos analyses the ways in which the European Court of Justice has construed the linkages between EU law and investment arbitration in recent rulings, including Opinion 1/17 on the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada, as well as Case C-284/16 Achmea. It also explores the practical implications of the Court’s approach.
The analysis is available online at p90.