by Horia Ciurtin LL.M., Managing Editor of the EFILA Blog* (Legal) Multipolarity Revisited: What Lies Beyond Westphalia? This brief introduction to such an ambitious thematic must undoubtedly commence by positing its adherence to the (non-legal) core concept of ‘grand strategy’ and its realist avatars in international economic law. More precisely, it shall be argued that – … Continue reading Redefining the ‘Centre’: International Economic Law and Grand Strategy in a Multipolar World
Tag: TTIP
Transnational Court of Investment Arbitration
by Duarte G. Henriques, BCH Advocados* In the context of the discussions surrounding the Transatlantic Trade and Investment Partnership (TTIP), much criticism has been raised against ISDS (Investor-State Dispute Settlement). We know now that the European Parliament echoed public complaints and voted against the inclusion of an ISDS mechanism in the TTIP. It further recommended to … Continue reading Transnational Court of Investment Arbitration
Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option
Pratyush Nath Upreti*, Upreti & Associates In my previous contribution to the EFILA blog, titled Right to Regulation & Investment Court System: Alternative to ISDS?, I analyzed the debate raised by the ISDS provision in TTIP and how the proposed Investment Court may not be able to solve the issues raised by ISDS. It is important … Continue reading Right to Regulation & Investment Court System: Alternative to ISDS? (Part II) – Mediation in Investor-State Dispute: An Option
Right to Regulation & Investment Court System: Alternative to ISDS? (Part I)
by Pratyush Nath Upreti, Upreti & Associates* Intellectual Property is sexy! Its romantic endeavor with other branches of law makes it appealing for IP scholars. This romance can be seen through the lens of the global Intellectual property regime. In today’s industrialized world, the landscape of the intellectual property is changing. Mostly, all forms of … Continue reading Right to Regulation & Investment Court System: Alternative to ISDS? (Part I)
The 2015 EFILA Inaugural Lecture: Escaping from Freedom?
We are pleased to offer you the full text of the 2015 EFILA Inaugural Lecture by Sophie Nappert, "Escaping from Freedom? The Dilemma of An Improved ISDS Mechanism", delivered on 26 November 2015 in London. In times such as ours, when freedom is often abandoned for security to be gained, Sophie Nappert's lecture is a … Continue reading The 2015 EFILA Inaugural Lecture: Escaping from Freedom?
A BIT-By-BIT Understanding of the EU’s Present & Future Investment Agreements
by Emma Spiteri-Gonzi* Anyone with an interest in European investment and trade will undoubtedly have heard of the EU-US TTIP or, to use its full name, the Transatlantic Trade and Investment Partnership. Naturally, this makes sense as the US is the EU’s top trading partner and a trade agreement of this significance would unquestionably make … Continue reading A BIT-By-BIT Understanding of the EU’s Present & Future Investment Agreements
ISDS in TPP and TTIP Negotiations – Lessons for the EU
by Prof. Loukas Mistelis, QMUL* The Transatlantic Trade and Investment Partnership (TTIP) and, in particular, its Investor-State Dispute Settlement provisions (ISDS) have been the focal point of an intense and polarising debate within the EU. Opponents of TTIP, on the one hand, reject the very idea of a new multilateral trade and investment agreement and … Continue reading ISDS in TPP and TTIP Negotiations – Lessons for the EU
The Polish Government’s Standpoint on ISDS Inclusion in the Scope of TTIP
by Pawel Sikora, Kubas Kos Gałkowski It is beyond any doubts that the ongoing procedure of negotiating Transatlantic Trade and Investment Partnership (TTIP) between the European Union (EU) and the United States of America (US) raises essential controversies among the EU member states societies. However, it is not the first time such controversies occur, as just … Continue reading The Polish Government’s Standpoint on ISDS Inclusion in the Scope of TTIP
The Proposed New Investment Court System for TTIP: The Right Way Forward?
by Mirjam van de Hel-Koedoot, NautaDutilh* On 16 September 2015, the European Commission published a draft text for the investment chapter in the proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US. In the Proposal, the European Commission specifically mentions that the Proposal is an internal document of the EU … Continue reading The Proposed New Investment Court System for TTIP: The Right Way Forward?
Is ISDS Superior to Litigation before Domestic Courts? An EU View
by Prof. Marco Bronckers, VVGB Advocaten* In my view, something important is missing in the current debate on an Investor-State Dispute Settlement Mechanism (ISDS) in the EU’s new and comprehensive trade agreements with Canada (CETA), Singapore, the United States (TTIP), and other countries. In a ‘concept paper’ published last May, the European Commission posits as … Continue reading Is ISDS Superior to Litigation before Domestic Courts? An EU View