Object

Title: EU Proposals to Reform the Investor-to-State Dispute Settlement System – a Critical Analysis of Selected Issues Addressed in the Concept Paper “Investment in TTIP and Beyond – the Path for Reform”

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Title:

EU Proposals to Reform the Investor-to-State Dispute Settlement System – a Critical Analysis of Selected Issues Addressed in the Concept Paper “Investment in TTIP and Beyond – the Path for Reform”

Creator:

Garnuszek, Anita   Orzeł, Aleksandra

Subject and Keywords:

investor-to-state dispute settlement system (ISDS)   reform of investment arbitration   Transatlantic Trade and Investment Partnership (TTIP)  
system rozstrzygania sporów między inwestorem a państwem (ISDS)   reforma arbitrażu inwestycyjnego   Transatlantyckie Partnerstwo w dziedzinie Handlu i Inwestycji (TTIP)

Abstract:

The article deals with current proposals regarding the reform of the investor-to-state dispute settlement system (ISDS). At present, the European Union and the United States are involved in the negotiations regarding the Transatlantic Trade and Investment Partnership (TTIP). In this respect, the EU prepared the Concept Paper, in which it presented its ideas pertaining to the reform of investment arbitration and prospected provisions of TTIP dealing with the matter. The authors aim is to analyze the most important proposals included in the Concept Paper and make an assessment whether they should be regarded as beneficial for the system or potentially detrimental. The authors find some of the Commission’s proposals, including an idea to create an appellate mechanism, ensure third parties right to submit amicus curiae briefs and ideas pertaining to elimination of the risk of parallel proceedings to be potentially advantageous for ISDS as they can help to restore the balance between states and investors. To the contrary, the idea to enhance states’ right to regulate, preclude arbitrators from applying and interpreting domestic law and to change the current system of appointing arbitrators and in further perspective, creating an international court for investment disputes, is questionable and could lead towards weakening of investors protection which was traditionally the main purpose of ISDS.

Place of publishing:

Wrocław

Publisher:

University of Wroclaw. Faculty of Law, Administration & Economics

Contributor:

Kozłowski, Artur. Editor-in-Chief

Date issued:

2015

Resource Type:

text  
tekst

Detailed Type:

article  
artykuł

Identifier:

oai:repozytorium.uni.wroc.pl:131201

DOI:

10.1515/wrlae-2015-0035

Language:

eng

Abstract Language :

eng

Relation:

Wroclaw Review of Law, Administration & Economics, vol.5, no.2, 2016, pp.52-69

Is version of:

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Access rights:

Attribution  
Uznanie autorstwa

License:

Creative Commons - Attribution (CC BY 4.0)  
Creative Commons - Uznanie autorstwa (CC BY 4.0)

Rights holder:

Copyright by Wroclaw Review of Law, Administration & Economics, published by Sciendo

Autor opisu:

WR U/PAdbg

Object collections:

Last modified:

Oct 29, 2021

In our library since:

Oct 19, 2021

Number of object content hits:

2

Number of object content views in PDF format

2

All available object's versions:

https://repozytorium.uni.wroc.pl/publication/141857

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