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Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri
Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri
Ahmad Ali Ghouri
Bilateral Investment Treaties (BITs) concluded by the EU Member States contain substantially similar clauses, including free movement of capital and investor-to-state dispute resolution. Article 307 EC provides for the primacy of pre-accession treaties over the EC Treaty and simultaneously requires the Member States to eliminate their mutual incompatibilities. The European Court of Justice has declared that free movement of capital clauses of Austrian and Swedish pre-accession extra-EU BITs are incompatible with the EC Treaty as they will impede any restrictions on the movement of capital imposed as future Community legislation. A similar ‘free movement of capital’ clause is present in …