Suggestions for the creation of permanent investment courts have been formulated for decades, but only recently they started taking actual institutional form. In particular, the European Commission has been pushing for a court-like mechanism for investment disputes in several recent trade negotiations. Such a framework was included in the EU treaties with Vietnam and Canada,...
Tag: <span>Joanna Jemielniak</span>
A Tale of Two Unions. Debate on the Investment Court System and Competing Visions of European Integration
The paper discusses competing positions and arguments of main European actors in the debate on the Investment Court System (ICS). The European Commission pushes for the ICS to replace investor-state arbitration, in bilateral agreements (such as EVFTA and CETA), as well as a future multilateral solution. The ICS mechanism is meant to remedy legitimacy deficits...