Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).
The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
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AUC IURIDICA, Vol 62 No 2 (2016), 105–125
Soumrak BIT v EU?
[The Twilight of BITS in the European Union?]
Vladimír Balaš
published online: 11. 07. 2016
abstract
The paper analyses current EU competences in the area of Common Trade Policy after the adoption of the Lisbon Treaty. It also looks into the manners in which these competences have been seized by the European Commission in the area of investment protection. After a concise historical overview of foreign property protection and generally accepted positive discrimination in favour of business-making foreigners, the paper reviews the most frequently used arguments of the Commission rejecting validity of intra-EU BITs after the adoption of the Lisbon Treaty. The paper generally deals with the relation between international law and EU law, shortly touches upon issues of extra-EU BITs and their possible replacement by Investment Chapters in Free Trade Agreements, and attempts to answer the question whether the above-mentioned transfer of competences is beneficial to the Czech Republic.
keywords: investment protection; medieval treaties; Byzantium; Venice; Bohemian Kingdom; Hansa; capitulation treaties; classics of international law; FCN treaties; diplomatic protection; international law; EU Law; TFEU; EU exclusive competency; Common Trade Policy; conflict of international law and EU law; BITs; backlash against BITs; FTA; investment disputes; arbitral tribunals; ICSID; OECD ochrana investic; středověké dohody; Byzanc; Benátky; České království; Hansa; kapitulační smlouvy; klasikové mezinárodního práva; dohody o přátelství plavbě a obchodu; diplomatická ochrana; mezinárodní právo; právo EU; Smlouva o fungování Evropské unie; výlučná pravomoc Unie; střet mezinárodního práva a práva EU; dvoustranné dohody o ochraně investic; odmítání dohod o ochraně investic; dohody o volném obchodu; investiční spory; arbitrážní tribunály; ICSID; OECD
Soumrak BIT v EU? is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
