Dr. Javier García Olmedo, postdoctoral researcher within the University of Luxembourg Department of Law, has recently published an article in the August 2023 Special Issue of the European Foreign Affairs Review.
Entitled “The Legality of EU Sanctions Under International Investment Agreements,” Dr. Olmedo examines the expansion of the EU trade and investment policy shift by exploring the EU’s adoption of sanctions following the Russian invasion of Ukraine. Dr. Olmedo asserts that since EU sanctions target not only Russian government, individuals and companies, they can also indirectly affect the economic activities of foreign investors running businesses in the EU.
In his article, Dr. Olmedo focuses on the unexplored questions about the interaction between EU sanctions and international investment protection law. Dr. Olmedo examines EU obligations under international investment agreements and seeks to address whether, and if so to what extent, the EU’s unilateral turn in the form of sanctions can fall within the scope of international investment law. In addition, he also examines how sanctions can trigger claims against Member States and potential defences that EU Member States can invoke against investment treaty claims resulting from the implementation of sanctions.
The full article is available for download on Kluwer Law Online.