A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

in The Journal of World Investment & Trade
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

This 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.

A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

in The Journal of World Investment & Trade

Sections

References

70

Schermers (n 56) 1005.

71

ibid 1006.

171

Semertzi (n 40) 1138.

182

von Papp (n 143) 1056.

187

See also de la Torre (n 124) 1381.

208

von Papp (n 143) 1069.

215

de la Torre (n 124) 1381.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 58 58 32
Full Text Views 102 102 80
PDF Downloads 6 6 4
EPUB Downloads 0 0 0