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ICSID Review Article

Professor Carducci analyses under the law of treaties and EU law the role and interactions in treaty and investment arbitration of four important questions: a State's capactiy to conclude a treaty (I), the EU's competence to conclude a treaty, including on FDI, and to invalidate or terminate treaties or BIT's concluded by Member States (II), a State's consent to be bound by a treaty (III) and consent to arbitration under a treaty (IV). The analysis extends to the CjEU's decisions on EUSFTA and Achmea and the contributions of the TTIP, the CETA and the EUSFTA.

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