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A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union
In: The Journal of World Investment & TradeThis article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU’s exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.
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70
Schermers (n 56) 1005.
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ibid 1006.
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Semertzi (n 40) 1138.
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von Papp (n 143) 1056.
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See also de la Torre (n 124) 1381.
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von Papp (n 143) 1069.
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de la Torre (n 124) 1381.
| All Time | Past Year | Past 30 Days | |
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A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union
In: The Journal of World Investment & TradeThis article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU’s exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 453 | 77 | 8 |
| Full Text Views | 315 | 11 | 2 |
| PDF Views & Downloads | 93 | 22 | 4 |