Results 11 to 20 of about 575,715 (309)
(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
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Legitimacy Issues in Investor-Treaty Arbitration and How a Permanent Court May Be the Best Solution
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
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Between Fiction and Reality: The External Autonomy of EU Law as a 'Shapeshifter' After Opinion 1/17
(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
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Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]
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
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INVESTMENT COURT: REVIEW OF THE EU INITIATIVE
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
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Belgium Requests an Opinion on Investment Court System in CETA [PDF]
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 ...
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Some Reflections on Achmea's Broader Consequences for Investment Arbitration
(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
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It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV
(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
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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
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Opinion 1/17 in Light of Achmea: Chronicle of an Opinion Foretold?
(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
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