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Immediately after the entry-into-force of the Lisbon Treaty in December 2009, which inserted FDI into the framework of the existing Common Commercial Policy, the debate focused on the scope of the new investment power and its implications for the practice of EU treaty-making, whether the...
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The author introduces Gehring's call for a multi-lateralization of Impact Assessments (IAs). IA processes in Canada, the US and the EU illustrate the complex nature of IAs and their challenges in a rapidly evolving international investment law and policy regime. IAs have expanded to include...
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In an earlier era, treaties of Friendship, Commerce, and Navigation (FCNs) were the primary international law mechanism through which the U.S. government sought to promote and protect foreign investment. Conventional wisdom holds that FCNs are of only limited historical interest, having been...
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This short paper analyses the legal arguments forwarded by the European Commission to justify the inclusion of investor-state dispute settlement (ISDS) in the current negotiations with the U.S. on the Transatlantic Trade and Investment Partnership (TTIP), notably U.S. cases that would show...
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The Transatlantic Trade and Investment Partnership (TTIP) is a controversial subject, but at the same time it is perceived to be the most comprehensive international agreement on free trade and investment protection. Among the topics that evoke criticism on the part of different social groups is...
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