The Resource European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?
European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?
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The item European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration? represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.This item is available to borrow from 1 library branch.
Resource Information
The item European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration? represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation.
This item is available to borrow from 1 library branch.
- Summary
- This article addresses the global investment regime and European Union (EU) law with an emphasis on the prevention of international tax avoidance in the EU. It focuses on the intersections between newly proposed anti-tax avoidance legislation by the European Commission (the Unshell Directive) and international investment agreements (IIAs). In this article, the author sets a stage for the intersections by discussing the European Court of Justice case law and the Commission’s actions aimed against the most powerful enforcement tool in the global investment regime, i.e., the investor-state dispute settlement (ISDS) mechanism, by attempting to render it illegal and ineffective within the EU. The corresponding reactions from the arbitral tribunals are addressed as well. The discussion evolves to identify and analyse the interplay between the proposal for the Unshell Proposal and the IIAs to reveal that the impact of the former on the latter is ambiguous by design in order to minimise legal certainty vis-à-vis protection of foreign investment in the EU via shell entities. This constitutes a foundation for potential seismic tensions between the Unshell Directive and the global investment regime that are not beneficial for marketing and development of the EU internal (single) market and may thus weaken the EU’s global competitiveness in the area of foreign investment
- Language
- eng
- Label
- European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?
- Title
- European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?
- Language
- eng
- Summary
- This article addresses the global investment regime and European Union (EU) law with an emphasis on the prevention of international tax avoidance in the EU. It focuses on the intersections between newly proposed anti-tax avoidance legislation by the European Commission (the Unshell Directive) and international investment agreements (IIAs). In this article, the author sets a stage for the intersections by discussing the European Court of Justice case law and the Commission’s actions aimed against the most powerful enforcement tool in the global investment regime, i.e., the investor-state dispute settlement (ISDS) mechanism, by attempting to render it illegal and ineffective within the EU. The corresponding reactions from the arbitral tribunals are addressed as well. The discussion evolves to identify and analyse the interplay between the proposal for the Unshell Proposal and the IIAs to reveal that the impact of the former on the latter is ambiguous by design in order to minimise legal certainty vis-à-vis protection of foreign investment in the EU via shell entities. This constitutes a foundation for potential seismic tensions between the Unshell Directive and the global investment regime that are not beneficial for marketing and development of the EU internal (single) market and may thus weaken the EU’s global competitiveness in the area of foreign investment
- Citation source
- In: Intertax. - Alphen aan den Rijn. - Vol. 50 (2022), no. 11 ; p. 782-802
- http://library.link/vocab/creatorName
- Kuźniacki, B
- Geographic coverage
-
- European Union
- Europe
- Language note
- English
- http://library.link/vocab/subjectName
-
- EU law
- investment law
- anti-avoidance
- Unshell Directive
- investment treaty
- dispute resolution
- good faith
- arbitration
- foreign investment
- letter-box company
- ECJ case law
- Label
- European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?
- Label
- European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.ibfd.org/portal/European-Union-law-and-global-investment-regime-/iPY8mUv4aZo/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.ibfd.org/portal/European-Union-law-and-global-investment-regime-/iPY8mUv4aZo/">European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.ibfd.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="https://link.library.ibfd.org/">International Bureau of Fiscal Documentation</a></span></span></span></span></div>
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.ibfd.org/portal/European-Union-law-and-global-investment-regime-/iPY8mUv4aZo/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.ibfd.org/portal/European-Union-law-and-global-investment-regime-/iPY8mUv4aZo/">European Union law and global investment regime : unshell proposal as a next (mis)step of the EU against investment treaty arbitration?</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.ibfd.org/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="https://link.library.ibfd.org/">International Bureau of Fiscal Documentation</a></span></span></span></span></div>
