The Conclusion and Implementation of EU Free Trade Agreements
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The Conclusion and Implementation of EU Free Trade Agreements

Constitutional Challenges

Edited by Isabelle Bosse-Platière and Cécile Rapoport

This timely book gives an overview of the main legal issues the EU faces in negotiating, concluding and implementing so-called ‘New Generation’ free trade agreements. Featuring contributions by international specialists on EU external action, this book demonstrates why these FTAs have become challenging for the EU, as well as analysing how the EU has dealt with its institutional constraints, and addresses contemporary debates and future challenges for EU institutions and Member States.
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Chapter 14: Settlement of disputes in new EU free trade agreements: democratizing international adjudication?

Arnaud de Nanteuil


This chapter explores the recent European projects of reform of investor-State dispute settlement (ISDS), in particular through the establishment of a permanent court to replace arbitral tribunals. It argues that these different reforms introduce important procedural changes which all have in common to take a better consideration of the interests of the people. This is so by a closer association of civil society in the conception of EU FTAs, by the introduction of provisions securing the States’ right to regulate, and by improving transparency and judicial independence. Accordingly, it is argued that these projects participate in a ‘democratization’ process of dispute settlement in international law and, more generally, to a democratization of international law in a quite innovative manner.

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