Investment arbitration case-law regarding the (autonomous) definition of “taxation measures” under art.21 of the Energy Charter Treaty (ECT) reveals some inconsistencies. Questions concerning the implications of bona fide taxation, the rationality of the “principal purpose” criterion in...

The present text intends to explain the connection between the principle of autonomy of the European Union legal order, as developed by the Court of Justice, and the process of reform of investor-state arbitration. The design of the investment treaties concluded by the European Union – in...