ECJ trade and investment case law

Cambodia ECJ trade and investment case law GSP, GSP Plus, EBA Latest news Safeguards

Landmark ruling: ECJ slaps down Cambodia rice import safeguard

It took three and a half years for the General Court in Luxembourg to rule that a now-lapsed three-year safeguard on imports of Indica rice from Cambodia and Myanmar was illegal. EU judges in essence said that the European Commission had not defined the allegedly hurt industry appropriately, that it …

A week in Brussels ECJ trade and investment case law EU Carbon Border Measure Latest news Turkey & Med

Week in Brussels: Section 232 talks, EP CBAM work, Morocco fumble

Under-the-radar but important trade policy news for you in this Week in Brussels column. By Rob Francis and a little bit of extra input from Iana Dreyer. Section 232 talks with US continue as Commission eyes temporary solution Only two days before the Commission’s self-set deadline to finalise negotiations with …

ECJ trade and investment case law Energy Charter Treaty ISDS MIC ICS Latest news

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.

ECJ trade and investment case law EU UK Dispute Settlement Latest news UK-EU negotiations

EU UK agreement: an analysis of the EU’s proposed dispute settlement provisions

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 …

ECJ trade and investment case law EU trade policies ISDS MIC ICS Latest news Singapore Vietnam

ECJ green light to CETA investment court gives EU free rein on global stage

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 …

Belgium ECJ trade and investment case law ISDS MIC ICS Latest news

Advocate General ICS opinion – or how to boost EU multilateral court ambitions

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 …

'Week Ahead' and trade agenda ECJ trade and investment case law Internal EU politics Latest news UK trade policy

2019 will be about defining a new role for global rules in EU trade

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 …

A week in Brussels Cambodia Canada and CETA ECJ trade and investment case law Latest news Vietnam

A week in Brussels: CETA, ECJ, Vietnam, Cambodia

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 …

A week in Brussels China ECJ trade and investment case law EU digital Latest news TSD FTA chapters, Single Entry Point

A week in Brussels: China, sanctionable TSD chapters, think tanks

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 …