Results 11 to 20 of about 575,715 (309)

Litigating Human Rights Disputes Against the EU and the Member States: Some Reflections in Light of Opinion 1/17

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 693-712 | Article | (Table of Contents) I. Introduction. - II. The case law of the European Court of Human Rights on the responsibility of EU Members States under the ...
Luca Pantaleo, Fabienne Ufert
doaj   +1 more source

Legitimacy Issues in Investor-Treaty Arbitration and How a Permanent Court May Be the Best Solution

open access: yesGroningen Journal of International Law, 2019
Investor-treaty dispute settlement is used by States and investors to resolve disagreements that investors may have with regard to their investment in the host state.
Hasanali Pirbhai
doaj   +1 more source

Between Fiction and Reality: The External Autonomy of EU Law as a 'Shapeshifter' After Opinion 1/17

open access: yesEuropean Papers, 2021
(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 675-692 | Article | (Table of Contents) I. Eureka moments. - II. A strict versus a lenient approach: hypotethicals, fictions and cursory analyses. - II.1.
Szilárd Gáspár-Szilágyi
doaj   +1 more source

Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]

open access: yesAccess to Justice in Eastern Europe, 2019
This paper addresses the current challenges to investor-state arbitration in Europe. Two parallel developments are outlined: the current change in the EU policy towards arbitration provisions in multilateral and bilateral investment treaties, and the ...
Alan Uzelac
doaj   +1 more source

INVESTMENT COURT: REVIEW OF THE EU INITIATIVE

open access: yesМосковский журнал международного права, 2019
INTRODUCTION. Disputes between investors and States are traditionally resolved through arbitration, However, decades of arbitration practice have revealed some shortcomings and pitfalls of this mechanism.
I. V. Rachkov, O. S. Magomedova
doaj   +1 more source

Belgium Requests an Opinion on Investment Court System in CETA [PDF]

open access: yeselni Review, 2016
On 29 of October the leaders of the Belgian federal government and the regional and community governments reached a compromise deal over the EU-Canada Comprehensive Economic and Trade Agreement (CETA). One of the key outcomes is that the Belgian federal government will seek the Opinion of the European Court of Justice on the compatibility of the ...
openaire   +2 more sources

Some Reflections on Achmea's Broader Consequences for Investment Arbitration

open access: yesEuropean Papers, 2019
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 79-97 | Article | (Table of Contents) I. Introduction. - II. A delicate good: autonomy of the EU legal order. - III. Consequences for CETA's Investment Court System. - IV.
Christina Eckes
doaj   +1 more source

It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV

open access: yesEuropean Papers, 2018
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(1), 357-373 | European Forum Insight of 30 May 2018 | (Table of Contents) I. The "context". - II. The background of the case. - III.
Szilárd Gáspár-Szilágyi
doaj   +1 more source

The influence of the case law of the International Court of Justice within the practice of ICSID arbitral tribunals

open access: yesRevista Tribuna Internacional, 2014
The role played by the case law of the International Court of Justice in the context of investment arbitration has usually been underestimated, especially considering that the system established by the ICSID is often viewed as a self-contained regime of ...
Carlos Bellei Tagle
doaj   +1 more source

Opinion 1/17 in Light of Achmea: Chronicle of an Opinion Foretold?

open access: yesEuropean Papers, 2019
(Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 109-121 | Article | (Table of Contents) I. Introduction. - II. Achmea's relevance as a precedent for Opinion 1/17. - III.
Mauro Gatti
doaj   +1 more source

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