Any future Multilateral Investment Court's independence and impartiality must be guaranteed. If it does not live up to the standards of independence expected of a modern international court, there is little point in contemplating this reform as it is unlikely to remedy the criticisms leveled at...

This chapter focuses on how the European Commission and the Member States are reasserting their control in the new EU investment treaties. In addition, the analysis also looks at the efforts of the European Commission to reassert control over existing BITs of the Member States. It also tries to...

This paper was written by several authors, including individuals who are not affiliated with the European Federation for Investment Law and Arbitration (EFILA). Its original purpose was to provide a reasoned commentary to the proposal, advanced by the European Union (EU), to include in the...

The EU is about to conclude an FTA with Canada (CETA) which includes an investment chapter. A similar free trade agreement (FTA) will soon be concluded by the EU with Singapore and India. Moreover, the EU has obtained a negotiation mandate to conclude an FTA with Japan; very soon FTA with the US...

This article analyses the consequences of the shift of competence for Foreign Direct Investment (FDI) from the Member States to the EU. More specifically, the article focuses on the increasing interaction between European law and investment law, which is fueled by the changes of the Lisbon...

In sum, both books are excellent and should be made mandatory reading materials for the relevant courses of EU external trade and investment law and policy. But also, relevant policymakers - in the Member States, as well as in the various EU institutions - could learn a lot and draw inspiration...

This article analyzes new developments in the interaction between international investment law and EU law. The analysis focuses on the consequences resulting from the recent changes that have been introduced by the Lisbon Treaty and the jurisprudence of the ECJ. The author argues that the new...

This contribution analyses the relationship between international law and Community law in the light of two recent European Court of Justice (ECJ) cases on Article 307 EC, that is, the Kadi and bilateral investment treaties (BITs) judgments. The analysis discusses two concepts: (1) the concept...