Lights and Shadows of the WTO-Inspired International Court System of Investor-State Dispute Settlement

European Investment Law and Arbitration Review, Volume 1 (2016)

Posted: 16 Feb 2018

See all articles by Filippo Fontanelli

Filippo Fontanelli

University of Edinburgh - School of Law

Koorosh Ameli

Independent

Ilias Bantekas

Brunel University London - Brunel Law School

Horia Ciurtin

Amsterdam Center for International Law; European Federation for Investment Law and Arbitration; VERSO Journal [Cluj-Napoca/Bucharest]

Nikos Lavranos

European Federation for Investment Law and Arbitration (EFILA)

Date Written: December 1, 2016

Abstract

This paper was written by several authors, including individuals who are not affiliated with the European Federation for Investment Law and Arbitration (EFILA). Its original purpose was to provide a reasoned commentary to the proposal, advanced by the European Union (EU), to include in the Transatlantic Trade and Investment Partnership (TTIP) a new system of investor-state dispute settlement based on permanent courts instead of arbitration (the investment court system or ICS). This study was first presented at the EFILA conference in February 2016 and was subsequently updated to reflect the more recent developments, namely the inclusion in the Comprehensive Economic and Trade Agreement (CETA) and the EU-Vietnam Free Trade Agreement of a system that follows closely the EU’s proposal for TTIP. The aim has been to ensure that the different perspectives and expertise of the contributing authors are reflected in the analysis. The main aim of the report is to present an in-depth analysis of the ICS in the context of the existing investment regime, as well as comparing it with the dispute settlement system of the World Trade Organization.

Keywords: TTIP, Investment Court System, ICS, CETA

JEL Classification: K33

Suggested Citation

Fontanelli, Filippo and Ameli, Koorosh and Bantekas, Ilias and Ciurtin, Horia and Lavranos, Nikos, Lights and Shadows of the WTO-Inspired International Court System of Investor-State Dispute Settlement (December 1, 2016). European Investment Law and Arbitration Review, Volume 1 (2016). Available at SSRN: https://ssrn.com/abstract=2930807

Filippo Fontanelli

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

Koorosh Ameli

Independent ( email )

No Address Available
United States

Ilias Bantekas

Brunel University London - Brunel Law School ( email )

Kingston Lane
Elliott Jaques Building
Uxbridge, Middlesex UB8 3PH
United kingdom

Horia Ciurtin (Contact Author)

Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/c/i/h.a.ciurtin/h.a.ciurtin.html

European Federation for Investment Law and Arbitration ( email )

Brussels
Belgium

HOME PAGE: http://efilablog.org

VERSO Journal [Cluj-Napoca/Bucharest] ( email )

Cluj-Napoca, Cluj
Romania

Nikos Lavranos

European Federation for Investment Law and Arbitration (EFILA) ( email )

Brussels
Belgium

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