Vrinda Vinayak* Introduction The national treatment obligation in international investment agreements (IIAs) is a double-edged sword – while it may attract foreign investment by guaranteeing equal access to and treatment in the domestic market, it has the potential to limit autonomy and sovereignty of nations in formulating domestic policy, and opens these measures up to… Read More The Pre-Establishment National Treatment Obligation: How Common Is It?
Bashar H. Malkawi* China’s rising economic preeminence has been stunning, firmly ensconcing China as the second most powerful world economy replacing previously second-ranked Japan. In a remarkably short span, less than 15 years, the US economy has experienced a relatively huge decline vis-à-vis China on a nominal GDP basis. China’s remarkable economic juggernaut has been… Read More Chinese SOE Investment: An Economic Statecraft
Shilpa Singh Jaswant, LLM (Hamburg) The proposed investment court system by the European Commission aims to limit criticism revolved around Investor-State Dispute Settlement due to its lack of legitimacy, transparency and appellate mechanism. The investment regime under Comprehensive Economic and Trade Agreement with Canada (hereinafter “CETA”) and European Union-Viet Nam Free Trade Agreement (hereinafter “EUVFTA”)… Read More A New And Improved Investment Protection Regime: Truth Or Myth!
by Adam Marios Paschalidis (NautaDutilh) Recalibrating the European Union – International Arbitration Interface Introduction The 2018 Annual EFILA Lecture by Prof. George A. Bermann (Columbia University School of Law), continues the successful Annual EFILA Lectures series, which were previously delivered by Sophie Nappert (2015), Johnny Veeder (2016) and Sir Christopher Greenwood (2017). Before giving the… Read More Report on the 4th Annual EFILA Lecture delivered by Prof. George A. Bermann (Columbia University New York, School of Law), Brussels 25 October 2018
Priya Garg* A plethora of cases have been filed before investment tribunals regarding the issue of interaction or conflict between human rights obligations of investor or State and his or its, as the case may be, duties under international investment law (hereinafter, IIL). The recent case of Urbaser v. Argentina only joins this already long… Read More A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
Alexandros Catalin Bakos, LL. M.* […] but this is not where or how it ends. Fate promises more twists before this drama unfolds…completely (in-game dialogue from the intro scene of the video game Soul Reaver 2). The EU’s backlash against intra-EU (Bilateral?) Investment Treaties – intra-EU (B)ITs – reached its peak when the CJEU issued… Read More Post-Achmea Energy Charter Treaty Coherence and Stability: Upheld or Hindered?
Naman Lohiya B.A. LL.B.(Hons.) Batch 2015-2020 Gujarat National Law University Gandhinagar, Gujarat. “No Party shall subject investments made by investors of the other Party to measures which constitute a violation of customary international law through: Denial of justice in any judicial or administrative proceedings; or fundamental breach of due process; or targeted discrimination on manifestly… Read More The Treatment of Investments clause under the Indian Model BIT: Laden with greater certainty, restrictions and/or ambiguity?
Aayushi Singh* Introduction – Cogs of the same wheel – Trade and FDI Grazia Ietto-Gillies’ theories were based on the classical theory of trade in which the motive behind trade was a result of the difference in the costs of production of goods between two countries, focusing on the low cost of production as a… Read More The Need for the Implementation of a Multilateral Agreement on Investment vis-à-vis Dispute Settlement in WTO
by Alexandros Catalin Bakos, LL.M I. Introduction: In recent years, a series of debates have emerged in regard to the relationship between the EU State Aid law, on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party), on the other hand. Those debates manifest themselves at… Read More The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
Benedetta Cappiello* It seems that nowadays the debate on fragmentation of international law is not yet ready to reach a prompt solution. On the contrary, every and each occasion, even at the jurisprudential level, seems a good one to offer some new reflections, in brief or at length, on the reason why international… Read More Profit vs. Sustainability: How to pursue a sustainable investment