Investment protection and promotion

ISDS MIC ICS

EU’s new investment protection provisions in FTAs under renewed civil society fire – ETUC rejects CETA – TNI chastises ICS plans in EU Mexico

The investment court system proposed by the EU its new trade agreements’ investment protection chapters has not placated civil society groups, despite the reforms of the previous system, based on international investor-state arbitration. These reforms were adopted after a civil society and EU Parliament and (in particular) German outcry against …

Exclusive Interviews Investment liberalisation agreements

Interview: EU international investment court idea: 3 questions to Lauge Poulsen

Lauge Poulsen,  Assistant Professor in International Political Economy at University College London, tells us what he thinks of the EU’s proposal to establish an international investment court system (ICS) to replace private arbitration to settle disputes between investors and host states.  The EU is notably proposing such a system to …

Investment liberalisation agreements

ISDS: can the EU’s international investment court revolution succeed?

The EU is trying to revolutionise the international investment protection order with its new proposal to establish an international investment court – ICS – to adjudicate conflicts between international investors and host states. Starting a revolution is no small feat, and needs a lot of strategising, organising, and a competent, agile, avantgarde. Whereas the …

Energy & Environment Investment liberalisation agreements

Brussels moves against intra-EU investor-state arbitration raise Energy Charter dilemmas

The Commission is stepping up efforts to root out intra-EU international investment arbitration. Yet doing so for Energy Charter Treaty-based cases raises dilemmas for a body that wants to promote the agreement globally but sees support for the text dwindling at home, as seen with Italy’s recent outright pull-out. By Iana Dreyer.

Investment liberalisation agreements

BLOG: EU & ISDS: Are investor-state tribunals really ‘private’?

Are investor-state investment arbitration tribunals ‘private’ justice, or private “corporate tribunals”? Whatever one thinks of the merits of ISDS or lack thereof,  this frequently-aired view is wrong. Also the often-heard argument that in Europe investor-state arbitration tribunals are out of control of EU law is questionable. By Iana Dreyer