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Investment arbitration conflicts with EU law, suggesting complexities in legal frameworks for protection.
Investment arbitration is based on international agreements and operates in parallel to the EU legal and judicial system. Therefore conflicts between EU law and investment protection are possible. These may result from the substantial investment protection standards, but also from the operation of a parallel system of judicial protection. The EU law position on such conflicts will depend on whether the investment agreement was concluded between Member States, between Member States and other countries, or between the EU and other countries.
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Kokott et al. (2016) studied this question.
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