Admission et protection des investissements étrangers à l’ère des sanctions européennes contre la Russie visant à protéger l’intégrité territoriale de l’Ukraine
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[1] Université de Lille
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- Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 8, Nº. 2, 2023, págs. 791-801
- Idioma: inglés
- Enlaces
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Resumen
The intensification of restrictive measures adopted by the European Union and its member states in the wake of Russia's offensive in Ukraine raises the question of their interaction with legal regimes applicable to foreign investments which follow diametrically opposed objectives. Indeed, recent trends show that foreign investment regimes, broadly defined therein as including domestic regimes for investment admission as well as international investment agreements, offer advantages which can be construed as undermining the effectiveness of European sanctions. The practice of "golden passports" and the possibility that investment treaties be used to challenge the legality of restrictive measures are two examples. However, these possible inhibiting effects should not be overstated. Not only EU restrictive measures are intended to comply with international agreements, but as previously shown in the context of the Ukraine Russia war, international investment agreements can be used to repair damages caused to investors during war time.
