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Statement Of Dissent Of Professor Marcelo Kohen.pdf

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Preview of Statement of Dissent of Professor Marcelo Kohen

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📊 Size: 2.34 MB

📄 Pages: 32 pages

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Summary

Professor Marcelo G. Kohen dissents from the tribunal's decision on jurisdiction in the arbitration proceeding between Theodoros Adamakopoulos and others versus the Republic of Cyprus. He believes the tribunal lacks jurisdiction due to the incompatibility of the intra-EU Bilateral Investment Treaties (BITs) with EU treaties after Cyprus' accession to the EU on May 1, 2004. Kohen argues that the later conventional engagements adopted by the parties to the BITs at the time of Cyprus' EU accession supersede the BITs and render the offer to arbitrate contained in them ineffective. He cites the Vienna Convention on the Law of Treaties (VCLT) and the Treaty on the Functioning of the European Union (TFEU) as applicable laws, and contends that the EU treaties prevail over the BITs. Kohen also references the CJEU judgment in the Achmea case as an authoritative interpretation of EU treaties and their impact on other international law rules, such as the BITs.

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Professor Marcelo G.

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File Format: PDF
File Size: 2.34 MB
Pages: 32
Language: EN
Total Downloads: 210
Last Updated: 1 month ago

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