Tag: European Commission

Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)

José Rafael Mata Dona[1]  A week before the autumn session in Vienna of the UNCITRAL Working Group III, the EC held a Stakeholder meeting in Brussels on the subject of the establishment of a Multilateral Investment Court. The initiative took place as part of the EC Commitment to Transparency. During the introductory speech, Collin Brown (Dispute… Read More Stakeholder meeting on a possible future Multilateral Investment Court: Establishment of a Multilateral Investment Court (Brussels, 9 October 2019)

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The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?

Prof. Nikos Lavranos, Secretary General of EFILA In December 2018, the EU institutions agreed on the text for an EU Regulation establishing a mechanism for screening all foreign investments into the EU. In just over a year the EU institutions adopted this Regulation, which is unusually fast and reflects the apparent political will of the… Read More The new EU Regulation on the screening of foreign direct investments: A tool for disguised protectionism?

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A New And Improved Investment Protection Regime: Truth Or Myth!

Shilpa Singh Jaswant, LLM (Hamburg) The proposed investment court system by the European Commission aims to limit criticism revolved around Investor-State Dispute Settlement due to its lack of legitimacy, transparency and appellate mechanism. The investment regime under Comprehensive Economic and Trade Agreement with Canada (hereinafter “CETA”) and European Union-Viet Nam Free Trade Agreement (hereinafter “EUVFTA”)… Read More A New And Improved Investment Protection Regime: Truth Or Myth!

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Post-Achmea Energy Charter Treaty Coherence and Stability: Upheld or Hindered?

Alexandros Catalin Bakos, LL. M.* […] but this is not where or how it ends. Fate promises more twists before this drama unfolds…completely (in-game dialogue from the intro scene of the video game Soul Reaver 2). The EU’s backlash against intra-EU (Bilateral?) Investment Treaties – intra-EU (B)ITs – reached its peak when the CJEU issued… Read More Post-Achmea Energy Charter Treaty Coherence and Stability: Upheld or Hindered?

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The Relationship between EU State Aid law and Obligations Arising under Investment Treaties

by Alexandros Catalin Bakos, LL.M  I. Introduction: In recent years, a series of debates have emerged in regard to the relationship between the EU State Aid law[1], on the one hand, and obligations arising under Investment Treaties (to which the EU is not a formal party)[2], on the other hand. Those debates manifest themselves at… Read More The Relationship between EU State Aid law and Obligations Arising under Investment Treaties

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The EU’s foreign investment screening proposal: Towards more protectionism in the EU

by Prof. Nikos Lavranos, Secretary General of EFILA Last September, European Commission President Juncker presented a proposal for a European foreign investment screening regulation – apparently following a request by Germany, France and Italy. The proposal fits the protectionist mood that has taken hold in Brussels and in many EU Member States. The backlash against… Read More The EU’s foreign investment screening proposal: Towards more protectionism in the EU

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UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU  

  Prof. Dr. Nikos Lavranos, LLM (Secretary General of EFILA) In recent weeks, the UK has published several papers explaining its aims of leaving the EU and how it intends to shape its future trade relationship with the EU. One of the aims repeatedly publicly stated by the UK will be “to end the direct… Read More UK post-Brexit cannot escape the impact of EU law and of the Court of Justice of the EU  

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The continued lack of adequate investment protection in Europe

Nikos Lavranos, Secretary General, EFILA Recently, the UNCTAD Investment Division announced that it had “completed its regular semi-annual update of the Investment Dispute Settlement Navigator, which is now up-to-date as of 1 January 2017”. The Navigator is a useful web-based search tool containing information regarding pending and closed investor-State disputes based on the thousands of… Read More The continued lack of adequate investment protection in Europe

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The love-hate story of arbitral jurisdiction over claims against states in the EU

by Emanuela Matei, Associate Researcher – CELS* Staging the scene In October 2013 the European Commission issued a note entitled ‘Platform for Good Tax Governance: Addressing the remaining cases of double taxation in the single market: means to foster arbitration’ in which it exposed the limitations of the EU Arbitration Convention 90/463/EEC. It affirmed that whenever… Read More The love-hate story of arbitral jurisdiction over claims against states in the EU

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Why the EU’s Foreign Direct Investment (FDI) Competence Should be Re-nationalized

by Nikos Lavranos, Secretary General of EFILA At the last meeting of the Trade Policy Committee (TPC) at Full Members level, that is at Director General level, encompassing all MS and the European Commission, DG Demarty of the Commission is quoted as saying that the EU trade policy would have a “big credibility problem” if… Read More Why the EU’s Foreign Direct Investment (FDI) Competence Should be Re-nationalized

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