The Court of Justice of the European Union ruled today that negotiations to upgrade the so-called Lisbon Agreement, an international treaty on the protection of geographical indications dating back to 1958, and overseen by the World Intellectual Protection Organization, are to be led under the EU’s exclusive competence as part …
ECJ trade and investment case law
Blog: State of play ongoing trade files
Trade ministers gathering informally in Brussels on Friday (13 October 2017) discussed the announcements by Commission president Jean-Claude Juncker in his September State of the Union speech: new free trade agreements, the separation of negotiating tracks for EU-only trade agreements and ‘mixed’ investment agreements, the publication of member state trade …
Think tank: EU inconsistent in trade with Western Sahara, occupied territories
A new paper by the Polish international affairs think tank PISM criticises the EU’s inconsistent way of dealing with the consequences of a recent Court of Justice ruling on a 2012 agriculture trade agreement with Morocco that it applied to products from Western Sahara. The EU should come clean on this issue …
In depth: Where we are in the intra-EU BIT saga
The silent turf war between the EU Commission and intra-EU investor-state arbitral tribunals and member states that back the bilateral investment treates – BITs – that underpin them is continuing. But resolution of the conflict will likely need to wait until 2018. A Borderlex long-read.
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. …
EU Singapore FTA is a mixed agreement, says ECJ Advocate General
In an opinion issued ahead of an expected Court of Justice ruling regarding the competences accruing to the EU and the member states respectively as to the EU Singapore free trade agreement, a pact concluded in 2013, the Advocate General has confirmed that the deal covers issues that are both …
ECJ upholds EU Morocco trade agreement in appeal ruling
The Court of Justice of the EU supported the Council in its appeal to a December 2015 tribunal ruling that annulled a 2012 trade agreement between the EU and Morocco liberalising trade in agriculture and fisheries. The case was brought by the Polisario Front and brought forward the risk of …
Belgium to request opinion on ICS from ECJ after Singapore ruling
The Belgians are fighting internal tussles over how to follow up on the internal compromise achieved between the federal government, the Flemish regional bodies and the Wallonians ahead of the signature of the EU Canada trade pact CETA early November this year. Charles Michel has tabled a motion in …
In depth: EU member states divided in face of Commission crackdown on intra-EU ISDS
Horia Ciurtin walks us through the dynamics unleashed by an ongoing divisive Commission crackdown on intra-EU bilateral investment treaties.
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 …