Overview of key news items this week in EU trade by Iana Dreyer and Nikos Lavranos.
ISDS MIC ICS
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 …
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.
Interview: A new Energy Charter Treaty as a complement to the Paris Agreement
In an interview with Borderlex, the Energy Charter Treaty’s secretary-general Urban Rusnák said: “In one or two years I expect to have a new Energy Charter Treaty as complement to the Paris climate agreement.“
EU China investment agreement – where are negotiations at?
The European Union and China have been negotiating a bilateral investment agreement for seven years. Are they anywhere close to concluding a deal? It is not yet entirely clear how mature the negotiations are with China nor how close the parties to having close-to-consolidated treaty language ready for politicians to …
Analysis: The EU’s ECT modernisation proposals
Ahead of a meeting of the Energy Charter Treaty members next week, the European Union has published its proposals in the form of legal to modernise what some called the WTO of energy. Discussions on modernising the ECT, an agreement that dates back to the early 1990s, have been …
Week in Brussels: Hogan on Azevêdo, G20, Turkish steel, Com sues Finland and UK on BITs
It’s been quite a week, with the World Trade Organization’s chief resigning on Thursday, adding another twist to the ongoing drama in the world trading system. But other news have been drowned in the process. A selection below. Hogan wants to move fast to replace WTO’s Azevêdo The European Union’s …
