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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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To say that regionalism is gaining momentum is an understatement. To mourn the lack of progress in multilateral trade rule-making is a commonplace in the discourse of politicians regretting the WTO negotiation standstill, and of “know-it-all” academics. The real problem is the uneven playing...
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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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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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This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...
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