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Opinion 1/17 in Light of Achmea: Chronicle of an Opinion Foretold?
European 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
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Revista 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
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THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE
Revista Eletrônica de Direito Processual, 2018 This article explores the contents and consequences of the Achmea judgment recently given by the European Court of Justice (6 March 2018, case C-284/16). In its first part, the article analyses the judgment from a European point of view.
Burkhard Hess
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European Papers, 2023 (Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1131-1139 | European Forum Insight of 10 February 2023 | (Table of Contents) I. Introduction. - II. The Supreme Court's logical solution considering EU case law.
Raphaël Maurel
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Why Investment Arbitration and Not Domestic Courts? The Origins of the Modern Investment Dispute Resolution System, Criticism, and Future Outlook [PDF]
, 2020 AbstractThis chapter reviews the existing criticism of investor-State dispute settlement in relation to the role of domestic courts. In essence, this criticism contends that the IIA investment arbitration regime does not account for situations in which domestic courts offer adequate access to justice and discriminates against domestic investors by ...
Gabrielle Kaufmann-Kohler +1 more
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European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 631-644 | Article | (Table of Contents) I. Introduction. - II. The concept of autonomy. - III.
Antonis Metaxas
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The International Court System: A Solution to the Crisis in Investor-State Arbitration?
Potchefstroom Electronic Law JournalMost known investor-state disputes are referred to a form of international arbitration known as investor-state arbitration (ISA) or investor-state dispute settlement (ISDS).
Tinyiko Lawrence Ngobeni
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The European Union in International Investment Governance: a Hybrid Approach to Dispute Settlement [PDF]
Romanian Journal of European Affairs, 2018 Investor-state dispute settlement and arbitration, in particular, stands at the centre of a process intended to reform the global regime of international investment treaties.
Beatriz Pérez de las Heras
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Agribusiness, EarlyView.Abstract Nucleus outgrower schemes are contractual arrangements where well‐resourced large‐scale farmers (nucleus farmers) are empowered by development support agencies to take charge of smallholder farmers, by providing them with market access and the necessary training on agronomic practices and farm inputs for production.
Dominic Tasila Konja, Awudu Abdulai
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Does Investor-State Dispute Settlement Discriminate Against Nationals?
German Law Journal, 2020 This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
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