Recent Developments in the EU Investment Policy : Towards an Investment World Court?
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The controversies that have surrounded the negotiation of both the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) have underlined the difficulties arising out from the adoption of a truly common EU investment policy. Non‐governmental organizations have called into question transparency and legitimacy of international investment arbitration during the negotiations. The article presents a reflection about current developments of the EU investment policy addressing, in particular, the criticisms towards the whole investor‐to‐State system and the EU’s efforts in developing a “tailor‐made” investment agreement and Investor‐to‐State Dispute resolution system. Along these lines, the article critically assesses the recently announced proposal for the establishment of an ‘Investment Court System’ put forward by the EU during the TTIP negotiations.
Abstract
The controversies that have surrounded the negotiation of both the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) have underlined the difficulties arising out from the adoption of a truly common EU investment policy. Non‐governmental organizations have called into question transparency and legitimacy of international investment arbitration during the negotiations. The article presents a reflection about current developments of the EU investment policy addressing, in particular, the criticisms towards the whole investor‐to‐State system and the EU’s efforts in developing a “tailor‐made” investment agreement and Investor‐to‐State Dispute resolution system. Along these lines, the article critically assesses the recently announced proposal for the establishment of an ‘Investment Court System’ put forward by the EU during the TTIP negotiations.
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