The Principle of Autonomy of EU Law in the Context of Investor-State Dispute Settlement: A Public Policy Norm?

The chapter delves into the intricate relationship between EU law and international arbitration, focusing on the principle of autonomy of EU law in the context of investor-state dispute settlement (ISDS). It examines the CJEU's case law, which has consistently asserted the autonomy of EU law in the face of international dispute resolution mechanisms, and the divergent approaches taken by arbitral tribunals. The text explores the potential of considering the principle of autonomy as a norm of public policy, which could provide a framework for addressing the compatibility of EU and international investment law. Additionally, it discusses the sui generis nature of EU law and the challenges posed by the intra-EU objection in ISDS proceedings. The chapter offers a nuanced analysis of the structural and existential views of autonomy, highlighting the need for a pluralistic approach to understanding this complex principle. By providing a detailed examination of relevant case law and theoretical perspectives, the text aims to contribute to the ongoing debate on the autonomy of EU law and its implications for international dispute settlement.