China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy International Economic Law Series Edited by Julien Chaisse This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China’s investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade … Continue reading New from Oxford University Press: China’s International Investment Strategy Bilateral, Regional, and Global Law and Policy
Tag: ISDS
Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?
by Avani Agarwal In November 2012, Gary Born proposed the idea of a Bilateral Arbitration Treaty (BAT), in a speech aptly titled “BIT’s, BAT’s and Buts” (available as an essay in the 13th Young Arbitration Review). He suggested developing a system of international treaties whereby countries decide that a particular set of international disputes (such … Continue reading Bilateral Arbitration Treaties: Are BATs Blind to Existing International Structures and Realities?
A New And Improved Investment Protection Regime: Truth Or Myth!
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”) … Continue reading A New And Improved Investment Protection Regime: Truth Or Myth!
Report on the 4th Annual EFILA Lecture delivered by Prof. George A. Bermann (Columbia University New York, School of Law), Brussels 25 October 2018
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 … Continue reading Report on the 4th Annual EFILA Lecture delivered by Prof. George A. Bermann (Columbia University New York, School of Law), Brussels 25 October 2018
A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
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).[1] The recent case of Urbaser v. Argentina only joins this already long … Continue reading A Meeting of the Two Worlds: The Human Rights Regime and International Investment Law – A Critique of Urbaser v. Argentina
The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
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[1], on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party)[2], on the other hand. Those debates manifest themselves at … Continue reading The Relationship between EU State Aid law and Obligations Arising under Investment Treaties
Profit vs. Sustainability: How to pursue a sustainable investment
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 … Continue reading Profit vs. Sustainability: How to pursue a sustainable investment
Call for Contributions – EFILA Blog
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 … Continue reading Call for Contributions – EFILA Blog
The first steps towards a Multilateral Investment Court (MIC)
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 … Continue reading The first steps towards a Multilateral Investment Court (MIC)
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 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 … Continue reading 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?