News and analysis on trade policy in Europe
Sunday, August 14, 2022
UN Commission for International Trade and Investment Law Working Group III negotiations on ISDS reforms in Vienna started in earnest last week as diplomats got into the thick of talks on an arbitrator investment code. So far there has been little progress as divisions emerged over the scope of the …
The European Court of Justice confirmed that investor-state arbitration between European Union investors and member states is illegal, even if such arbitration is based on domestic legislation of an EU member state. Whilst EU investors can pursue arbitration internationally under new EU investment protection treaties, a major rule-of-law gap has …
The European Court of Justice declared in a judgment on Thursday (2 September) that the investor-state arbitration system under the Energy Charter Treaty is not applicable within the European Union. This effectively puts an end to ECT arbitration within the EU and will significantly increase the pressure on the ongoing …
Trade policy activity is quieting down somewhat in Brussels ahead of the usual summer lull. Here nonetheless some interesting trade policy highlights for you. Iana Dreyer and Nikos Lavranos.
The European Commission is planning to propose a mechanism to investors based in the EU that would at least partially compensate for the loss of investment protection guarantees included in bilateral investment treaties signed in an era before Central and Eastern European member states joined the European Union.
Overview of key news items this week in EU trade by Iana Dreyer and Nikos Lavranos.
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.
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 …
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 …
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 …
