prospect. In the meantime, however, the EU has included a permanent bilateral investmentcourtsystem in its most recent investment and free trade agreements, including the Comprehensive Economic and Trade Agreement between the EU and Canada ( CETA ), 80 the EU-Singapore Free Trade Agreement ( FTA ) 81
labor cases: a new international labor rights regime takes shape , 3 United States – Mexico Law Journal (1995) 159.
30 On procedural enforcement of the rights of foreign investors in eu fta s, see F Baetens, The European Union’s proposed investmentcourtsystem: addressing criticisms of
the alleged legitimacy concerns facing ISDS .
5 The EU first referred to the ITS as an “investmentcourtsystem” ( ICS ) in its TTIP Proposal, supra note 1. The recently concluded EU-Singapore FTA also refers to the ITS as the ICS .
6 CETA , Art. 8.29; EU-Vietnam FTA , Art. 15. On
withdrawal of eu Member States. Another consequence is that contracting parties may prefer to conclude agreements based on exclusive competence only, to avoid complications. The forthcoming Opinion 1/17 on the compatibility of the InvestmentCourtSystem provided for in
will provide a clearer
98 Waldron (n 86) 15.
99 European Commission Press Release, ‘Commission Proposes New InvestmentCourtSystem for TTIP and Their EU Trade and Investment Negotiations’ (Brussels, 16 September 2015) < http://europa.eu/rapid/press-release_IP-15-5651_en.htm > accessed 1 March 2016.
-methodology-en.pdf . 73 Bernasconi-Osterwalder, “Expansion of the Energy Charter to Africa and Asia.” 74 Dreyer, “Brussels Moves Against Intra- EU Investor-state Arbitration Raise Energy Charter Dilemmas.” 75 European Commission, press release, “Commission Proposes New InvestmentCourtSystem for TTIP and
Programme Policy Brief No 2011/1 (European University Institute 2011) 1 < http://globalgovernanceprogramme.eui.eu/wp-content/themes/NewEuitemplate/Documents/Publications/PolicyBriefs/PolicyBrief20111final.pdf > accessed 17 February 2017.
68 For an overview, see Laurens Ankersmit, ‘InvestmentCourtSystem
-state arbitration by a new investmentcourtsystem based on a Tribunal of First Instance (composed of 15 public law judges: 5 judges from EU member states, five judges from the United States, and five judges from third countries) and a permanent Appeal Tribunal composed of 6 public law judges (two from EU member
application are some substantive investment protections (notably, fet and protection against expropriation), as well as the controversial InvestmentCourtSystem. 89 Article 8.10 of the 2016 Canada-EU ceta , supra note 64. 90 Ibid ., Article 8.12 and Annex 8-A. 91 Ibid ., Article 28.3(2). 92 Ibid
whether the provisions of the
eu -Canada Comprehensive Economic and Trade Agreement (‘
’) regarding the InvestmentCourtSystem (‘ ics ’) are compatible with eu law.
Based on this previous case-law on the principle, it is possible that the cjeu would find that the fra or wa