欧盟自治原则的国际法映射——以欧盟投资条约重构为视角

The Principle of EU Autonomy and the Reconstruction of Extra-EU BITs

随着欧盟对外经济活动的增长,欧盟法的统一解释和适用面临越来越多的外部威胁,国际投资争端解决机制就是其中之一。因此在后《里斯本条约》时代,欧盟拓展对外投资条约关系时尤为重视内部法律秩序的保护。在新一代投资条约谈判过程中,欧盟力图在投资案件的欧盟参与、欧盟与成员国之间的职能分配规则、投资仲裁庭的管辖权限制以及欧盟法在投资案件中的有限适用这四个方面实现革新,从而克服传统投资条约体系及争议解决制度的局限,在国际法层面搭建有益于欧盟自治原则的制度建构。

With the growth of the EU’s foreign economic activities, the unified interpretation and application of EU law is facing more and more external threats, and the investor-state dispute settlement is one of them. Thus, in the post-Lisbon era, the EU attaches particular importance to the protection of internal legal order when negotiating extra-EU investment treaties. The new generation of extra-EU investment treaties witness four innovations, namely EU’s participation in investment arbitration, competence allocation between the EU and member states, jurisdictional conflicts between investment arbitration tribunals and the European Court of Justice, as well as the application of EU law in investment arbitration. As a result, the new generation of extra-EU investment treaties outperforms the traditional ones in protecting EU autonomy not only in terms of the treaty system, but also the investor-state dispute settlement mechanisms. The innovations in the new generation of extra-EU investment treaties are normative protection in the aspect of international law which shields EU autonomy from external threats.