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Groningen Journal of International Law, 2021 Both branches of international economic law – international investment and trade law are currently in crisis. Many reforms have been proposed to cure the shortcomings of their dispute resolution mechanisms.
Agata Zwolankiewicz
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Draft Statute of the Multilateral Investment Court [PDF]
, 2021 The EU is aiming for a Multilateral Investment Court (MIC) to replace the existing investment arbitration system. Based on the current debates in UNCITRAL and other fora this Draft Statute of an MIC demonstrates that it is possible to have a new system of dispute settlement.
Bungenberg, Marc, Reinisch, August
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European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 645-673 | Article | (Table of Contents) I. Introduction. - II. EU and a reformed international investment order. - II.1. Post-Lisbon intra-EU developments and traditional
Arman Melikyan
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Australian and New Zealand Journal of European Studies, 2021 ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
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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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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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European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1255-1268 | European Forum Insight of 23 December 2021 | (Table of Contents) I. Introduction. - II. Background. - III. Jurisdiction. - III.1.
Jed Odermatt
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Litigating Climate Change Mitigation and Adaptation in Investment Dispute Resolution
Athena, 2023 International investment agreements (IIAs) may protect in principle every kind of foreign direct investment (FDI), including “brown” and “green” FDI. This means that potentially polluting multinational enterprises may be protected by IIAs and benefit ...
Carlo de Stefano
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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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Harmful effect of arbitration dispute settlement EU intra bits to the legal order of the European Union [PDF]
Anali Pravnog Fakulteta u Beogradu, 2017 The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law.
Vukadinović Radovan D.
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