Investment protection and promotion

ISDS MIC ICS

In brief: EU and Canada in pitch for international investment court at Davos

The EU and Canada are true to their pledge made during the CETA negotiation process to work together towards the establishment of an international investment court, with the aim to overcome international arbitration – otherwise known as ISDS – to settle disputes between international investors and host states.   Trade commissioner …

ECJ trade and investment case law Investment liberalisation agreements ISDS MIC ICS Singapore South Asia & ASEAN

Advocate General says BITs with Singapore can only be terminated by member states

The EU Singapore FTA is the first practical test case for the termination of bilateral investment treaties signed by the European countries before 2009 – the year of entry into force of the Lisbon Treaty. Twelve member states have BITs in place with Singapore. These treaties cover investment protection and investor-state dispute settlement. …

Canada and CETA Internal EU politics ISDS MIC ICS

“Namur declaration” calls for more national involvement in EU trade deals

The leader of the Belgian region of Wallonia, Paul Magnette, who is also an academic, orchestrated a declaration on trade policy by leading professors across the West entitled the Namur Declaration. The three-page text, released on Monday (5 December 2016) calls for greater scrutiny of trade agreements by national and regional parliaments in …

ECJ trade and investment case law Internal EU politics ISDS MIC ICS Singapore

Singapore BIT terminations under question in Court of Justice case on EUSFTA

A detailed report on the EU Law Analysis blog of the first hearing in the Court of Justice of the EU ahead of an eagerly anticipated legal opinion regarding the scope of the EU’s exclusive competence to conclude its 2013 free trade agreement with Singapore reveals that member state bilateral …

Canada and CETA ISDS MIC ICS

In brief: Client Earth criticises European Parliament legal opinion on investment court in CETA

The freshly released European Parliament legal service’s opinion on the EU’s investor court system put forward in its Canadian trade agreement CETA was bound to displease investment arbitration and investment treaty critics: it indeed declared the system compatible with EU law.   The environmental NGO Client Earth, an activist critic of international investment protection treaties, released a legal opinion …

Canada and CETA ISDS MIC ICS

What the European Parliament legal service says about CETA’s investment chapter

A report by the European Parliament’s legal service released early September considers that the controversial chapter on investment protection in the Canada EU CETA trade agreement is compatible with EU law.   The question of legality of international arbitration tribunals and international courts has become a touchy topic with the controversy over …

China Defensive trade policy Investment liberalisation agreements

EU presidents outline trade wish list for G20 summit as protectionism worries shift to investment

Council president Donald Tusk and Commission president Jean-Claude Juncker have set out the European Union’s priorities for the coming G20 summit in Hangzhou, China (4&5 September). The summit will deal with a wide array of economic topics, from tax to finance to climate issues, but also trade policy. The G20 summit gathers against …

Investment liberalisation agreements

National security related restrictions to FDI on rise – New UNCTAD report

The freshly released flagship annual UNCTAD World Investment Report highlights that national security motivations to restrict investments are on the rise globally, not least also in Europe.   “In recent years, national security-related concerns have gained more prominence in the investment policies of numerous countries”, the report stresses. “Different approaches …