| Description |
1 online resource |
| Series |
European yearbook of international economic law, Special issue |
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European yearbook of international economic law. Special issue.
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| Contents |
Intro -- Preface -- Contents -- A Paradigm Shift? Arbitration and Court-Like Mechanisms in Investors ́Disputes -- 1 Introduction -- 2 Proposals for Court-Like Mechanisms -- 2.1 Historical Development and Problems with the Current System -- 2.2 Proposals for Change -- 3 Current Developments -- 4 Is There a Real Change? -- 4.1 Legal Analysis -- 4.2 Political Feasibility -- 4.3 The Prospects of Consolidation -- 4.4 Assessing the Magnitude of the Change -- 5 The Dark Side of Investment Courts -- 5.1 Benefits of the Arbitration Model -- 5.2 The Dangers of Introducing Investment Courts |
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6 The Advantages of Investment Courts -- 6.1 Improved Normative Legitimacy -- 6.2 Improved Social Legitimacy -- 6.3 Regional Consolidation -- 6.4 Potentially Improved Incentives -- 7 Conclusion -- References -- Permanent Investment Courts and the EU Legal Order -- 1 Introduction -- 2 Joint Participation of the EU and Its Member States in Agreements Establishing Permanent Investment Courts -- 2.1 The Question of Competence Following Opinion 2/15 -- 2.2 The Convention Establishing a MIC as a Mixed Agreement -- 2.3 Determination of the Respondent Party as a Matter of Autonomy |
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3 Balancing Efficiency and Constitutional Requirements -- 3.1 Preserving the Autonomy of the EU Legal Order -- 3.1.1 Preserving the Preliminary Reference Procedure -- 3.1.2 Preserving the Exclusive Jurisdiction of the CJEU to Interpret and Apply EU Law -- 3.1.3 Preserving the Exercise of the EU Institutions ́Powers Within the EU Constitutional Framework -- 3.2 Ensuring the Precedence of EU Primary Law and Applying Article 47 of the Charter -- 4 Concluding Remarks -- References -- The North American Experience with Investor-State Arbitration: Does It Lead to a Permanent Investment Court? |
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1 The Experience of the Three Countries with NAFTA Chapter 11 -- 1.1 Canada -- 1.1.1 Cases That Have Caused the Most Concern -- 1.1.2 Constitutional Challenge -- 1.1.3 Comments on the Concerns Expressed by Various Groups and Authorities -- 1.1.4 American and Mexican Claims Noticed in Canada -- 1.1.5 Attempts to Review Arbitral Awards Under Chapter 11 -- 1.1.6 General Assessment of the Canadian Experience with Chapter 11 -- 1.2 United States -- 1.2.1 Cases That Have Attracted Attention -- 1.2.2 Constitutional Challenge -- 1.2.3 Comments on the Concerns Expressed by Various Groups -- 1.3 Mexico |
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1.3.1 Cases That Have Attracted Attention -- 1.3.2 Constitutional Challenges -- 1.3.3 Comments on Concerns Raised in Mexico -- 1.4 Comments on the Experience in the Three Countries -- 2 Steps Taken by the Three Countries Under the NAFTA -- 3 Evolution of the US and Canadian Model BITs Since 1994 -- 4 Evolution of Treaty Practise Since 1994 -- 4.1 Canada -- 4.2 United States -- 4.3 Mexico -- 5 Extent to Which Canada, the United States and Mexico Are Open to a Standing International Investment Tribunal? -- 6 Conclusions -- References |
| Summary |
This special issue focuses on the opportunities and challenges connected with investment courts. The creation of permanent investment courts was first proposed several decades ago, but it has only recently become likely that these proposals will be implemented. In particular, the European Commission has pushed for a court-like mechanism to resolve investment disputes in various recent trade and investment negotiations. Such a framework was included in some free trade agreements (FTAs) and investment protection agreements (IPAs) the European Union (EU) signed or negotiated with Vietnam, Singapore, Mexico and Canada. While it was shelved long before the publication of this Special Issue, the European Commission had also formally proposed a court system during the negotiations for the Transatlantic Trade and Investment Partnership (TTIP) agreement with the United States. The issue of a Multilateral Investment Court (MIC) has also been prevalent at the Working Group III proceedings of the UNCITRAL on investor-State dispute settlement reform, attracting scholarly and public attention. Will these developments lead to the creation of permanent investment courts? How will such courts change the future of international investment law? Will they bring about a real institutional change in adjudicatory mechanisms? Will they introduce a 'hybrid' system, which borrows important characteristics from both arbitration and institutional methods of international adjudication? How will the enforcement mechanisms work, and under which rules of ethics will its adjudicators function and exercise their duties? This special issue brings together leading scholars sharing a common interest in investment courts to address these questions |
| Notes |
Online resource; title from PDF title page (SpringerLink, viewed November 6, 2020) |
| Subject |
Investments -- Law and legislation -- Europe
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International economic & trade law.
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Politics & government.
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Law -- International.
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Investments -- Law and legislation
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Europe
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| Form |
Electronic book
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| Author |
Ünüvar, Güneş
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Lam, Joanna
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Dothan, Shai.
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| ISBN |
9783030456849 |
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3030456846 |
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