The EU investment court : challenges on the path ahead

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

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Author(s)

Detail(s)

Original languageEnglish
Number of pages3
Journal / PublicationColumbia FDI Perspectives
Issue number219
Publication statusPublished - 12 Feb 2018
Externally publishedYes

Abstract

The bilateral ICS initiative seems overly focused on EU interests and concerns, and thus is counterproductive to the goal of global ISDS reform. Multilateral discussions in UNCITRAL may facilitate, conversely, consensus on shared and far-reaching reforms, but they are unthinkable without the participation of new geopolitical heavyweights like India and Brazil. There, building on more than two decades of experience with investment arbitration, and benefitting from recent contributions of renowned experts, questions other than bilateral or multilateral courts may be dealt with (like sustainability, investment facilitation, investor obligations, arbitrators’ ethic). Steps forward are possible, as the recent adoption of the Guiding Principles for Global Investment Policymaking by the G20 demonstrates, considering that current Western concerns over the sovereign exercise of “regulatory powers” are close enough to those on “sovereignty” long expressed by many other governments.

Citation Format(s)

The EU investment court : challenges on the path ahead. / Chaisse, Julien; Vaccaro-Incisa, Matteo.

In: Columbia FDI Perspectives, No. 219, 12.02.2018.

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review