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Investor-State Dispute Settlement (isds) in Future eu Investment-Related Agreements: Is the Autonomy of the eu Legal Order an Obstacle?

In: The Law & Practice of International Courts and Tribunals
Author: Gisèle Uwera1
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Through the study of the Court’s case law on dispute settlement, this article examines whether investor-State dispute resolution is compatible with eu law at all and, if so, under which conditions. It analyses the relevant Opinions delivered by the Court of Justice regarding external dispute settlement mechanisms and the autonomy of the eu legal order. The author then assesses the compatibility of investor-State dispute resolution within the system of legal protection guaranteed by the cjeu. It finally presents ways forward aiming at preserving the autonomy of the eu legal order. The author concludes that no realistic or viable propositions can be detected on the horizon. Therefore, as long as no veritable mechanism is found to render investor-State dispute resolution in line with the cjeu’s jurisprudence, the insertion of an isds mechanism in those international agreements seems to be an ill-considered decision on the part of the European Commission.

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