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EU investment protection after the ECJ Opinion on Singapore: Questions of competence and coherence

25-03-2019

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment ...

Investment protection continues to be a controversial issue, as shown in particular during the negotiations on the EU-US Transatlantic Trade and Investment Partnership (TTIP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA). To address stakeholder concerns, the EU has moved from traditional investor-state dispute settlement arrangements towards introducing bilateral investment court systems in new agreements and pursuing the goal of establishing a permanent multilateral investment court. At the same time, the European Court of Justice defined the limits of the Union’s exclusive competence in its opinion of 16 May 2017 with regard to the EU-Singapore Free Trade Agreement (FTA), which has led to the splitting of new FTAs into two parts, treating investment protection separately. Adding to the complex picture, a plethora of EU Member States’ bilateral investment treaties also remain in place. The workshop held by the Committee on International Trade took stock of existing EU investment protection provisions and analysed the options for a coherent and predictable dispute settlement system in line with the EU Treaties.

Externý autor

Prof. Dr. Steffen HINDELANG, LL.M., Department of Law, University of Southern Denmark, and Dr. Jurgita BAUR, Germany; and Prof. Dr. Stephan SCHILL, LL.M., Amsterdam Center for International Law, University of Amsterdam, the Netherlands

World Bank support for investment in EU and Western Balkan transport

01-10-2018

Over the six decades during which the World Bank has been active in Europe, its engagement has evolved hand in hand with the development of the continent. Initially supporting reconstruction efforts after World War II, it later shifted the focus of its action to development support. In the past, as today, it has provided financing, knowledge and assistance to countries seeking to join the European Union. As a starting point in providing a deeper insight into how the World Bank contributes to the ...

Over the six decades during which the World Bank has been active in Europe, its engagement has evolved hand in hand with the development of the continent. Initially supporting reconstruction efforts after World War II, it later shifted the focus of its action to development support. In the past, as today, it has provided financing, knowledge and assistance to countries seeking to join the European Union. As a starting point in providing a deeper insight into how the World Bank contributes to the development of European countries today, this briefing first looks at the Bank's complex structure, the functioning of its different parts and the types of investment and assistance it offers its clients. Then, leaving aside the many other areas of the Bank's activity, the focus narrows to its support for transport in the EU and its Western Balkan partners. As the World Bank is one of several international institutions that are active in the Western Balkans, the briefing also looks into how the Bank links with the development-support efforts of the European Commission and the financial landscape of the Western Balkans Investment Framework.

The Implications of International Economic and Financial Governance Agenda for EU Trade and Investment Policy

09-12-2015

Many of the rules, norms, principles and practices that are central to EU trade and investment policy today have been influenced by a wide range of different types of international organisations (IOs). This influence occurs through formal rulemaking, voluntary codes of conduct or standards, the provision of technical and scientific expertise or the dissemination of research and best practice. The influence is pervasive and decisions taken years ago in IOs can shape EU trade policy today. With the ...

Many of the rules, norms, principles and practices that are central to EU trade and investment policy today have been influenced by a wide range of different types of international organisations (IOs). This influence occurs through formal rulemaking, voluntary codes of conduct or standards, the provision of technical and scientific expertise or the dissemination of research and best practice. The influence is pervasive and decisions taken years ago in IOs can shape EU trade policy today. With the difficulties facing multilateral approaches to rulemaking in the World Trade Organisation (WTO) the impact of other IOs has increased.

Investor-State Dispute Settlement (ISDS) - State of play and prospects for reform

26-01-2015

Investor-State Dispute Settlement (ISDS) mechanisms are found in more than 3 000 international investment treaties, but have been increasingly criticised in recent years. International investment agreements, and the ISDS mechanism, were originally created to protect investors from arbitrary expropriation and ensure non-discriminatory treatment for foreign investments, in countries considered risky. In such countries, with the judiciary not fully independent from government, arbitration was considered ...

Investor-State Dispute Settlement (ISDS) mechanisms are found in more than 3 000 international investment treaties, but have been increasingly criticised in recent years. International investment agreements, and the ISDS mechanism, were originally created to protect investors from arbitrary expropriation and ensure non-discriminatory treatment for foreign investments, in countries considered risky. In such countries, with the judiciary not fully independent from government, arbitration was considered a more neutral framework to ensure enforcement of the host state's obligations towards investors. The progress made on comprehensive free trade agreements (FTAs) between the EU and Canada and the United States – in both cases including provisions for ISDS – has intensified discussion on the mechanism in the EU. A number of doubts exist with respect to the impartiality of arbitrators, while the relative broad interpretation given to the provision has been considered to have substantially reduced states' freedom to regulate, creating an imbalance between the investor's right to protection and the host state' sovereign right to regulate its market. The EU supports ISDS arbitration in general, while recognising the need for its reform. Indeed a consensus seems to be emerging on systemic problems found in this increasingly used system. That has led the European Commission to propose some innovative provisions in the framework of negotiations on EU trade and investment agreements, but without calling into question the ISDS system itself. This is an updated version of a briefing published in January 2014.

Investor-State Dispute Settlement (ISDS) Provisions in the EU's International Investment Agreements (Volume 1: Workshop ; Volume 2: Studies - in the Annex)

04-09-2014

The European Parliament organised a workshop on 1 April 2014 on Investor-State Dispute Settlement (ISDS) provisions in the EU's international investment agreements. Volume 1 of this publication describes the proceedings of this workshop, while Volume 2 contains three studies: one on Investment protection agreements as instruments of international economic law, one on ISDS and alternatives of dispute resolution in international investment law, and another on International investment protection agreements ...

The European Parliament organised a workshop on 1 April 2014 on Investor-State Dispute Settlement (ISDS) provisions in the EU's international investment agreements. Volume 1 of this publication describes the proceedings of this workshop, while Volume 2 contains three studies: one on Investment protection agreements as instruments of international economic law, one on ISDS and alternatives of dispute resolution in international investment law, and another on International investment protection agreements and EU law.

Externý autor

Pieter Jan Kuijper, Ingolf Pernice and Steffen Hindelang

Investor-State Dispute Settlement (ISDS): State of play and prospects for reform

21-01-2014

Investor-State Dispute Settle­ment (ISDS) mechanisms are found in more than 3 000 international investment treaties, but have been increasingly criticised in recent years. Their advocates defend them as a depoliticised neutral system to resolve disputes between foreign investors and host states. The issue of ISDS has lately come to public attention in the EU, with the completion of negotiations for a Comprehensive Economic and Trade Agreement (CETA) with Canada, and the opening of negotiations on ...

Investor-State Dispute Settle­ment (ISDS) mechanisms are found in more than 3 000 international investment treaties, but have been increasingly criticised in recent years. Their advocates defend them as a depoliticised neutral system to resolve disputes between foreign investors and host states. The issue of ISDS has lately come to public attention in the EU, with the completion of negotiations for a Comprehensive Economic and Trade Agreement (CETA) with Canada, and the opening of negotiations on a Transatlantic Trade and Investment Partnership Agreement.

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