Abstract This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial ...
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The EU investment court system. A viable reform initiative?
This thesis studies the Investment Court System - the EU’s response to the backlash against investor-state arbitration, and its contribution to the ongoing multilateral reform initiative in UNCITRAL. It includes, on the one hand, an investigation of the EU legal framework governing the conclusion of agreements with third countries that feature the ...
openaire
Analysis of Policy Issues Relating to Public Investment in Private Freight Infrastructure, MTI Report 99-03 [PDF]
The Norman Y. Mineta International Institute for Surface Transportation Policy Studies (IISTPS) at San José State University conducted this study to review the issues and implications involved in the investment of public funds in private freight ...
Evans, Daniel M., Kelley, Norman
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Consistency vs. Judicialization: The EU Investment Court System as a Paradigm for Reforming ISDS
This paper examines the EU’s Investment Court System (ICS) as a model of “constrained judicialization” in response to widespread concerns about the current Investor-State Dispute Settlement (ISDS) system. ICS introduces a more structured approach to investment disputes by combining centralized appellate review with mechanisms that protect state ...
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Investment Court System: A Cure for the ‘Broken’ ISDS
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Government Equity Participation Under the EEC Rules on State Aids: Recent Developments [PDF]
This Article examines the main legal questions raised by the particulat form of State aid known as equity participation. While the focus is on the internal, or EEC, aspect of such aids, the Article also suggests a comparison to some of the most relevant ...
Pappalardo, Aurelio
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Securities Regulation: Seventh Circuit Holds That Withdrawable Capital Accounts Are Not Securities within the Meaning of the Exchange Act [PDF]
Relying upon legislative history and the particular characteristics of the accounts, the Seventh Circuit in Tcherepnin v. Knight held that withdrawable capital accounts in a savings and loan association are not securities within the ambit of the ...
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CETA’s Investment Court System and the Autonomy of EU Law: Insights from the Hearing in Opinion 1/17
Verfassungsblog: On Matters ...
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This working paper explores the legal limits set by the EU Treaties on the EU’s ability to submit itself to international dispute settlement in the context of the Aarhus Convention and the Comprehensive Economic and Trade Agreement (CETA). Both the Investment Court System (ICS) under CETA and the Aarhus Convention Compliance Committee (ACCC) may be ...
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Medicines availability in Ecuador's public system (2015-2024): a policy design analysis of financing, public procurement, and governance. [PDF]
Hernández-Luis A +2 more
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