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The Council of the EU has authorised the European Commission to represent the EU and its Member States in 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 host states in relation to international investment agreements, and relies on arbitration procedures. The system has ...

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above recommendation, submitted on 13 September 2017 and referred to Parliament’s Committee on International Trade. The recommendation aims to pave the way for the creation of a framework for the resolution of international investment disputes. The IA notes that foreign investors and host countries have settled their investment disputes through the Investor-State ...

This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional ...

Prospects for a Multilateral Investment Court

Rövid áttekintés 14-06-2017

Since 2015, the European Commission has worked on the establishment of a Multilateral Investment Court (MIC). The purpose of this court is to have a permanent international body that can settle investment disputes between investors and states. The MIC would replace the current system of investor-to-state dispute settlement (ISDS) based on ad hoc commercial arbitration, which has become controversial over the past few years.

The European Patent Office - State of Play

Részletes elemzés 15-04-2015

On invitation of its president, the JURI Committee, on 4-5 May 2015 has visited the European Patent Offices seat in Munich and discussed the state of play of implementation of the new unitary patent, ethical questions of patentability, as well as technical issues deriving from the new challenges after the agreement on a European unitary Patent and in view of ongoing negotiations on international trade partnership agreements. This In–Depth analysis gives some background information on the economic ...

Investor-State Dispute Settlement (ISDS) mechanisms are found in more than 3 000 international investment treaties, but have been increasingly criticised in recent years. International investment agreements, and the ISDS mechanism, were originally created to protect investors from arbitrary expropriation and ensure non-discriminatory treatment for foreign investments, in countries considered risky. In such countries, with the judiciary not fully independent from government, arbitration was considered ...

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 ...

Development of the ASEAN Human Rights Mechanism

Részletes elemzés 25-09-2012

The study examines developments concerning human rights mechanism(s) in the Southeast Asian region, in the space known as the Association of Southeast Asian Nations (ASEAN), with a view to strengthening relations between the European Union and the region. The ASEAN Inter-governmental Commission on Human Rights (AICHR) has now been set up as the overarching body to promote and protect human rights in the ASEAN. Two sectoral bodies working on human rights have also appeared: the ASEAN Commission for ...