Overview of key news items this week in EU trade by Iana Dreyer and Nikos Lavranos.
Investment
ECJ Advocate General: Intra-EU Energy Charter Treaty investor-state arbitration is illegal
The European Court of Justice’s Advocate General Szpunar opined that the investor-state arbitration system under the Energy Charter Treaty is not applicable within the European Union. This will further increase the pressure on the ongoing ECT modernisation process and might very well herald the end of the ECT within the EU.
UNCITRAL investor-state reform talks: appeals tribunal solution – more questions than answers
The latest round of negotiations among the member states of the UNCITRAL Working Group III on ISDS reforms held last week (8-12 February 2021) revealed increasing diversity rather than more unity among the parties on the future of investor-state dispute settlement and EU-sponsored plans for a multilateral court system. The …
CETA investment court rules reflect wider multilateral dispute settlement reform goals
The European Union and Canada agreed on joint rules for their planned Investment Court System which is to become part of CETA. Any such court won’t see the light for a long time, but its rules reflect EU ambitions in other areas, namely hopes for a multilateral investment court and …
EU China investment agreement: a thin deal
The EU-China Comprehensive Agreement on Investment is of limited scope compared to other recent trade and investment agreements concluded by the European Union, writes Nikos Lavranos. The deal essentially focuses on investment facilitation and transparency rather than investment protection.
EU, China announce investment deal
The European Union and China concluded ‘in principle’ a ‘Comprehensive Agreement on Investment’ one day before New Year’s Eve 2020.
EU-China investment agreement talks near potential endgame
The European Union and China are stepping up efforts to seal a deal on a comprehensive investment agreement by year-end as mandated by their respective heads of state over the last months.
Week in Brussels: CETA, France, ECT, China, EPAs
This week has seen two ‘strategic’ initiatives: the launch of a new paper on EU-US relations and the upgrading of EU-ASEAN relations post RCEP. Here other developments of potential interest. Dombrovksis talks to French Senate – Paris CETA ratification date unclear Nobody knows yet when the French government will put …
ISDS reform: UNCITRAL process moves to next level
Following one week of intense talks in Vienna and online, the reform process of international investor-to-state dispute settlement currently held under the umbrella of the United Nations Commission for International Trade Law’s Working Group III is moving nearer the endgame.
China investment agreement – breakthroughs on ‘level playing field’
If one is to believe Charles Michel, Angela Merkel and Ursula von der Leyen, today’s online Leaders’ Meeting with China’s president Xi Jinping was productive.
