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Permanent Investment Courts - The European Experiment (Paperback, 1st ed. 2020)
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Permanent Investment Courts - The European Experiment (Paperback, 1st ed. 2020)
Series: Special Issue
Expected to ship within 10 - 15 working days
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This special issue focuses on the opportunities and challenges
connected with investment courts. The creation of permanent
investment courts was first proposed several decades ago, but it
has only recently become likely that these proposals will be
implemented. In particular, the European Commission has pushed for
a court-like mechanism to resolve investment disputes in various
recent trade and investment negotiations. Such a framework was
included in some free trade agreements (FTAs) and investment
protection agreements (IPAs) the European Union (EU) signed or
negotiated with Vietnam, Singapore, Mexico and Canada. While it was
shelved long before the publication of this Special Issue, the
European Commission had also formally proposed a court system
during the negotiations for the Transatlantic Trade and Investment
Partnership (TTIP) agreement with the United States. The issue of a
Multilateral Investment Court (MIC) has also been prevalent at the
Working Group III proceedings of the UNCITRAL on investor-State
dispute settlement reform, attracting scholarly and public
attention.Will these developments lead to the creation of permanent
investment courts? How will such courts change the future of
international investment law? Will they bring about a real
institutional change in adjudicatory mechanisms? Will they
introduce a 'hybrid' system, which borrows important
characteristics from both arbitration and institutional methods of
international adjudication? How will the enforcement mechanisms
work, and under which rules of ethics will its adjudicators
function and exercise their duties? This special issue brings
together leading scholars sharing a common interest in investment
courts to address these questions.
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