Tutela giurisdizionale di investitori ‘extra UE’ negli Stati membri, in forza del diritto dell’Unione. Una questione à la croisée des chemins

The article aims at reconstructing the profiles of the judicial protection enjoyed by investors from third States in the Member States under EU law. The analysis is characterised by the perspective adopted, which focuses on the relationship between systems: it considers the value of the obligations of Member States, under EU law, to guarantee effective judicial protection of subjective legal situations arising under that law, in order to comply with the European Union’s international obligations on the treatment of investors from third States. This question is situated à la croisée des chemins, in the complex debate on the interaction between international law and Union law in this area and on the role of the European Union in the process of evolution of international investment law. The identification of the guarantees of judicial protection to be afforded by Member States to investors from third states under Union law contributes to the legal framing of the debate, facilitates the formulation of investment policy on the European side, and supports the weighing of the litigation strategy of individual litigants to whom domestic remedies are available for the settlement of disputes with the host Member State.