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Investor-state protection disputes involving EU Member States: State of play
There are major concerns in the EU in relation to the investor-state dispute settlement (ISDS) provisions associated with investor protection agreements. ISDS relies on a legal framework of arbitration that is separate from domestic courts. This analysis provides an overview of ISDS cases involving current EU Member States. The main finding is that, on average, nearly 16 % of claimed amounts translate into (known) compensation in cases involving current EU Member State respondents. Nearly a third ...
Towards an International Anti-Corruption Court?
Momentum is building globally for the establishment of an International Anti-Corruption Court, which would have jurisdiction over acts of grand corruption and fill the domestic accountability vacuum in kleptocratic regimes. Before such an institution can become reality, though, a number of practical, political and legal concerns will have to be addressed, for instance in relation to state ratification and cooperation. Hence, this Briefing identifies key issues which the European Parliament should ...
In recent years, the use of drones and other unmanned robots in warfare and other situations of violence has increased exponentially, and States continue to invest significantly into increasing the operational autonomy of such systems. The present study provides an overview of the current and likely future use of such systems and examines the relevant legal implications under human rights law, international humanitarian law and the UN Charter. The study concludes that the present sense of uncertainty ...
Responsibility in Investor-State Arbitration in the EU - Managing Financial Responsibility Linked to Investor-State Dispute Settlement Tribunals Established by EU's International Investment Agreements
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 ...