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EU PROPOSALS TO REFORM THE INVESTOR-TO-STATE DISPUTE SETTLEMENT SYSTEM – A CRITICAL ANALYSIS OF SELECTED ISSUES ADDRESSED IN THE CONCEPT PAPER “INVESTMENT IN TTIP AND BEYOND – THE PATH FOR REFORM”

Wroclaw Review of Law, Administration & Economics

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Title EU PROPOSALS TO REFORM THE INVESTOR-TO-STATE DISPUTE SETTLEMENT SYSTEM – A CRITICAL ANALYSIS OF SELECTED ISSUES ADDRESSED IN THE CONCEPT PAPER “INVESTMENT IN TTIP AND BEYOND – THE PATH FOR REFORM”
 
Creator Garnuszek, Anita
Orzeł, Aleksandra
 
Description The article deals with current proposals regarding the reform of the investor-to-state dispute settlement system (ISDS). At present, the European Union and the United States are involved in the negotiations regarding the Transatlantic Trade and Investment Partnership (TTIP). In this respect, the EU prepared the Concept Paper, in which it presented its ideas pertaining to the reform of investment arbitration and prospected provisions of TTIP dealing with the matter. The authors aim is to analyze the most important proposals included in the Concept Paper and make an assessment whether they should be regarded as beneficial for the system or potentially detrimental. The authors find some of the Commission’s proposals, including an idea to create an appellate mechanism, ensure third parties right to submit amicus curiae briefs and ideas pertaining to elimination of the risk of parallel proceedings to be potentially advantageous for ISDS as they can help to restore the balance between states and investors. To the contrary, the idea to enhance states’ right to regulate, preclude arbitrators from applying and interpreting domestic law and to change the current system of appointing arbitrators and in further perspective, creating an international court for investment disputes, is questionable and could lead towards weakening of investors protection which was traditionally the main purpose of ISDS.
 
Publisher University of Wroclaw
 
Contributor —
 
Date 2016-09-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
—
 
Format application/pdf
 
Identifier http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/103
 
Source Wroclaw Review of Law, Administration & Economics; Vol 5, No 2 (2015): Issue 2; 52-69
2084-1264
 
Language eng
 
Relation http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/103/143
 
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