To enforce or not, to annul or not, those are the questions: On the prohibition of intra-EU investment arbitration and the ECHR
By Francesco Gravina[1] Introduction Do the European Court of Justice’s (ECJ) ruling in Achmea, its subsequent case law, together with the subsequent EU law and policy, violate the ECHR? A majority of scholarship suggests that it might in some constellations; namely, this jurisprudence could breach Article 1 of the First Additional Protocol to the ECHR… Read More To enforce or not, to annul or not, those are the questions: On the prohibition of intra-EU investment arbitration and the ECHR