In Pursuit of an International Investment Court. Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective

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Series Details July 2017
Publication Date July 2017
ISBN 978-92-846-1267-3
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Please note: Each EPRS Study is assigned a DOI (digital object identifier), which is a safe and long term way of ensuring a hyperlink to the full text of this report. However, when ESO creates this record, on occasion the DOI still has not been activated by the EU Bookshop. If you find the source url hyperlink does not work please use the alternative location hyperlink listed as a related url.Abstract:

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the >EU-Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor State dispute settlement.

The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual application before the European Court of Human Rights.

In doing so, it provides a tool and manual to evaluate the EU’s todays and future progress in reforming the international investment law regime. By outlining key features of the procedural frameworks governing two international courts, some ‘tried and tested’ concepts as source of inspiration for the possible design of a ‘multilateral investment court’ might be found.

Source Link http://dx.publications.europa.eu/10.2861/813157
Related Links
ESO: Background information: Investor-state dispute settlement proposals debated with Commissioner Malmström http://www.europeansources.info/record/press-release-investor-state-dispute-settlement-proposals-debated-with-commissioner-malmstrom/
ESO: Background information: Prospects for a Multilateral Investment Court http://www.europeansources.info/record/prospects-for-a-multilateral-investment-court/
European Commission: Trade Policy: Accessing markets: Dispute settlement http://ec.europa.eu/trade/policy/accessing-markets/dispute-settlement/
ESO: Background information: European Commission and Canadian Government co-host discussions on a multilateral investment court http://www.europeansources.info/record/european-commission-and-canadian-government-co-host-discussions-on-a-multilateral-investment-court/
European Parliament: European Parliamentary Research Service: Study, July 2017: In Pursuit of an International Investment Court. Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective http://www.europarl.europa.eu/RegData/etudes/STUD/2017/603844/EXPO_STU(2017)603844_EN.pdf

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