Embedded Neoliberalism and the Legitimacy of the Post-Lisbon European Union Investment Policy
Politics and Governance, 2022 Much has been written about the ongoing legitimacy crisis of the global investment treaty regime and the system of investor-to-state dispute settlement (ISDS).
Bart-Jaap Verbeek
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Optimal Institution for Operational Supervision of Government Development Projects in Light of Economic Analysis of Law and Legal Requirements [PDF]
پژوهشهای برنامه و توسعه, 2022 Efficiency and Effectiveness of the government are integral components of good governance, and its realization in government investment in development projects also appears in legal rules, so it can be realized by improving the legal rules governing such
Mohamadhossein Sadeghi, Vali Rostami
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European 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
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Legitimacy Issues in Investor-Treaty Arbitration and How a Permanent Court May Be the Best Solution
Groningen 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
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Between Fiction and Reality: The External Autonomy of EU Law as a 'Shapeshifter' After Opinion 1/17
European 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
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Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]
Access 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
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INVESTMENT COURT: REVIEW OF THE EU INITIATIVE
Московский 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
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Belgium Requests an Opinion on Investment Court System in CETA [PDF]
elni 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 ...
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Some Reflections on Achmea's Broader Consequences for Investment Arbitration
European 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
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It Is not Just About Investor-State Arbitration: A Look at Case C-284/16, Achmea BV
European 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
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