China-European Union Investment Relationships
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China-European Union Investment Relationships

Towards a New Leadership in Global Investment Governance?

Edited by Julien Chaisse

Based on original research, and bringing together expert contributors, this book provides a critical analysis of the current law and policy between the EU and China, both internally and internationally. Covering key topics on the subject, this book draws together diverse perspectives into a single collection, and is an invaluable tool for both scholars and practitioners of trade and investment law, as well as human rights and environmental law and policy.
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Chapter 13: How much of a court? The EU Investment Court System as a hybrid mechanism

Joanna Jemielniak

Abstract

The concept of establishing a permanent adjudicatory body for investor-state disputes has become very close to political fulfilment. The European Commission has endorsed introduction of a permanent, court-like mechanism for investment disputes in several Free Trade Agreements (FTAs). A two-tier Investment Court System (ICS) has been accepted in the European Union’s (EU) FTA with Vietnam and in the Comprehensive Economic and Trade Agreement between Canada and the EU. This widely publicized EU ICS project has been presented as a court, to be further promoted in forthcoming EU FTA negotiations, and multilateralized in the future. It has also been introduced to the general public in opposition to the existing ISDS regime and as an original response to its shortcomings. This chapter examines, to what extent such a characterization of the ICS is justified. For this purpose, historical context of investor-state dispute resolution is explored. In particular, former proposals of establishment of a permanent adjudicatory body in this area are examined. Against this background, public discourse on ICS is analysed in order to present the goals of the project and its aimed directions of development.

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