Edited by Isabelle Bosse-Platière and Cécile Rapoport
Chapter 14: Settlement of disputes in new EU free trade agreements: democratizing international adjudication?
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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