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
by Alexandros 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 different… 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
Given the present debate – on both sides of the Atlantic (and beyond) – surrounding the future of ISDS and bilateral investment treaties, the EFILA Blog editorial board believes that a veritable dialogue must take place, allowing all arguments to be heard and all diverging positions to be defended. Discussing the status of an international regime… Read More Call for Contributions – EFILA Blog
by Prof. Nikos Lavranos, Secretary-General of EFILA On the instigation of the EU, the UNCITRAL Commission adopted a broad mandate for a Working Group to: identify and consider concerns regarding ISDS; consider whether reforms are desirable in light of the identified concerns; if the Working Group were to conclude that reform is desirable, to… Read More The first steps towards a Multilateral Investment Court (MIC)
by Clifford J. Hendel, Araoz & Rueda Abogados The following updates the author’s entry September 2015 in this blog entitled “Before the Other Shoe Drops: The Current State of Renewable Energy Arbitration in Spain.” In recent years, some 30 cases have been filed — under SCC, UNCITRAL and (principally) ICSID rules — alleging that Spain… Read More Before the Other Shoe Drops (II): The First ICSID Final Award in the Spanish Renewable Energy Arbitration Saga Finds for the Investors – Crossing the Line?
by Cara Dowling, Norton Rose Fulbright (London)* On Wednesday 29th March 2017, the UK government triggered Article 50 formally beginning the process of withdrawing the UK from the European Union. On that historic day, the London office of Norton Rose Fulbright and EFILA co-hosted a panel discussion with distinguished experts from industry, trade policy and… Read More Norton Rose Fulbright and EFILA: Investor-State Disputes, What Will Change Post-Brexit?