In Pursuit of an International Investment Court: Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective

Study for the European Parliament, Policy Department, Directorate-General for External Policies, 2017, doi:10.2861/813157

217 Pages Posted: 10 Aug 2017

See all articles by Steffen Hindelang

Steffen Hindelang

University of Southern Denmark - Department of Law; Humboldt-Universität zu Berlin Walter Hallstein Institute for European Constitutional Law

Teoman Hagemeyer

Free University of Berlin (FUB)

Date Written: July 23, 2017

Abstract

The study compares the revised and signed text of the Comprehensive Economic and Trade Agreement (CETA) with the EU-Vietnam Free Trade Agreement (EUVFTA) and the EU-Singapore Free Trade Agreement (EUSFTA) in respect of important procedural aspects relating to investor-State dispute settlement. The findings are juxtaposed to the procedural rules governing the preliminary reference procedure and direct action (action for annulment) before the Court of Justice of the European Union as well as the individual application before the European Court of Human Rights. In doing so, it provides a tool and manual to evaluate the EU’s todays and future progress in reforming the international investment law regime. By outlining key features of the procedural frameworks governing two international courts, some ‘tried and tested’ concepts as source of inspiration for the possible design of a ‘multilateral investment court’ might be found.

Keywords: ISDS, Arbitration, Investment Court, CJEU, EU, European Union, Trade Policy, ECTHR, Property, Investment, Investor-State Arbitration, Investment Law, FTA, Free Trade Agreement, Singapore, Vietnam, Canada, CETA

Suggested Citation

Hindelang, Steffen and Hagemeyer, Teoman M., In Pursuit of an International Investment Court: Recently Negotiated Investment Chapters in EU Comprehensive Free Trade Agreements in Comparative Perspective (July 23, 2017). Study for the European Parliament, Policy Department, Directorate-General for External Policies, 2017, doi:10.2861/813157. Available at SSRN: https://ssrn.com/abstract=3007590

Steffen Hindelang (Contact Author)

University of Southern Denmark - Department of Law ( email )

Odense
Denmark

HOME PAGE: http://www.steffenhindelang.de

Humboldt-Universität zu Berlin Walter Hallstein Institute for European Constitutional Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

HOME PAGE: http://www.steffenhindelang.de

Teoman M. Hagemeyer

Free University of Berlin (FUB) ( email )

Van't-Hoff-Str. 8
Berlin, Berlin 14195
Germany

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