Gáspár-Szilágyi, S (2016) A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union. The Journal of World Investment & Trade, 17 (5). 701 -742.

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Abstract

This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU’s exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.

Item Type: Article
Uncontrolled Keywords: TTIP, Investment Court System, compatibility with EU Law, ex ante review
Subjects: H Social Sciences > HC Economic History and Conditions
K Law > KZ Law of Nations
Divisions: Faculty of Humanities and Social Sciences > School of Law
Depositing User: Symplectic
Date Deposited: 02 Dec 2019 12:55
Last Modified: 02 Dec 2019 13:01
URI: http://eprints.keele.ac.uk/id/eprint/7210

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