News and analysis on trade policy in Europe
Tuesday, September 21, 2021
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 EU released an initial draft treaty proposal it tabled last week to the United Kingdom as part of negotiations towards their future relationship. Although talks are de facto suspended due to the COVID-19 crisis, it’s worth analysing in detail the dispute settlement provisions included therein, as this is a …
On Tuesday (April 30), the European Court of Justice (ECJ) issued its long-awaited opinion on the question raised by Belgium whether the investment court system (ICS), which encompasses a tribunal and appellate tribunal, is compatible with EU law. The approval of the ECJ not only removes the remaining obstacle for …
The long-awaited legal ‘opinion’ of Advocate General Yves Bot of the Court of Justice of the European Union regarding the compatibility with EU law of the investment court system included in bloc’s trade deal with Canada gives it a clean slate. The ICS serves as the blueprint for the EU’s …
The overarching question shaping European trade policy outcomes this year will be: what role for international trade and investment law for global business and the work of trade diplomats? This issue will be central in the four major files with which European trade policy will grapple: the future of the …
It’s been an eventful week in Brussels, culminating with the ongoing European Council – which we will cover separately. The fear of US tariffs on autos, that the multilateral trading system will unravel and China, and frustrations at the slow pace of Brexit negotiations (here and here) have all dominated …
Two big countries dominated the agenda on trade in Brussels this week: the United States and China. Both topics are not unrelated. In this regard, a lot happened in the WTO – see Jennifer’s stories here, here and here. Another topic that has kept EU leaders busy is the bloc’s …
So what are the wider implications Tuesday’s Court of Justice of the European Union’s Achmea vs Slovakia ruling? Nikos Lavranos discusses the consequences for the EU’s investment court plans in CETA or at the multilateral level, Energy Charter Treaty arbitration, and the state of the rule of law in the EU.
The Court of Justice of the European Union ruled today unequivocally that intra-European international investor-state arbitration tribunals are not compatible with EU law. Its summary judgement gives little insight into how it might rule on the compatibility of international investor-state tribunals set up by the European Union with third countries. …
With things suspiciously quiet on both the Mercosur and Mexico trade talk fronts, the biggest news concerning Brussels this week may be coming from Luxembourg, where the Court of Justice rules on the legality of intra-EU bilateral investment treaties. The week’s headlines will most likely be dominated by the looming …
