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The Council of the European Union has authorised the European Commission to represent the EU and its Member States at the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and hosting states, and relies on arbitration procedures. However, there have been growing concerns among states ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the AFCO Committee, analyses the various jurisdiction options, under EU law and under public international law, in settling disputes arising from the Withdrawal Agreement of the UK from the EU and in the context of the Future Relationship Agreement with the UK. It examines in particular the continued involvement of the CJEU in the new context of the EU-UK relations ...

The Lisbon Treaty extends exclusive European Union competence to foreign direct investment (FDI). In this context the issue of dispute settlement will be included in future EU Investment Agreements. For such situations the European Commission has put forward a draft proposal on how financial responsibility could be shared between the EU and/or a Member State (MS). The proposal aims to address possible conflicts that may arise between the EU/Commission and the respective MS when claims are brought ...

Renewed violence has caused the displacement of over 500 000 people since April. The creation of the M23 has re-engaged international actors in the conflict in the eastern DRC. The EU considered Joseph Kabila's 2011 re-election 'not credible'. In April, Kabila announced his intention to arrest Bosco Ntaganda. This precipitated events in the North Kivu region, causing a wave of defections and the creation of the M23. The M23 has been accused of war crimes. The deeper cause of the M23 rebellion is ...

Differences in application of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters have brought to light varied loopholes from Member State to Member State. The main obstacles holding back the development of legal mediation are essentially to be found in the practical organisation of mediation and, to a lesser extent, in the overuse of the notion of public policy. This development has also suffered, particularly at cross-border level, from mismatches in the accreditation ...