Title The Investment Court System. Potential incompatibilities with European Union Law
Authors LÓPEZ RODRÍGUEZ, ANA MERCEDES, LÓPEZ RODRÍGUEZ, ANA MERCEDES
External publication No
Means Cuad. Europeos Deusto
Scope Article
Nature Científica
Area International
Web https://www.scopus.com/inward/record.uri?eid=2-s2.0-85043530780&doi=10.18543%2fced-57-2017pp29-68&partnerID=40&md5=fb2ae942efbc29172876d3b3892dd64a
Publication date 01/01/2017
ISI 000472081500002
Scopus Id 2-s2.0-85043530780
DOI 10.18543/ced-57-2017pp29-68
Abstract With the entry into force of the Lisbon Treaty in 2009 the European Union has taken an exclusive competence on foreign direct investments (art. 207 TFEU). Together with the common commercial policy, it is now one of the main pillars of the external action of the EU. The Union has seen this new competence as a good opportunity to undertake a comprehensive regulation of trade and investment issues at the European level, including a major reform of the traditional mechanisms of Investor-State Dispute Settlement (ISDS). The proposed reforms include the creation of an International Investment Court, but this proposal is controversial and faces potential legal pitfalls from the point of view of EU law.
Keywords Foreign investments; ISDS; International Investment Court; TTIP; CETA
Universidad Loyola members