Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-10-31T23:31:33.554Z Has data issue: false hasContentIssue false

9 - The Investment Court System

Integrating the Rule of (EU) Law

from Part III - The External Investment System of the EU

Published online by Cambridge University Press:  13 July 2023

Ivana Damjanovic
Affiliation:
Australian National University, Canberra
Get access

Summary

The Investment Court System is the core feature of the EU international investment policy. In its Opinion 1/17 the CJEU confirmed the legality of the new ICS in CETA under EU law, providing important legal and policy implications for the future co-existence of EU law and international investment law. This chapter offers a critical assessment of the ICS, examined through the CJEU’s reasoning in Opinion 1/17. First, we discuss the nature of the ICS in relation to the EU judicial system. Second, we consider the effects of the ICS on the autonomy of the CJEU and the interpretation of EU law. Finally, we focus on the main features of the ICS in light of the rule-of-law criteria, as the core EU value. Where relevant, the CJEU’s Opinion is supplemented by remarks of late Advocate General Bot, which uncover a number of relevant political considerations. The design and functioning of the ICS thus provide important insights into the EU’s understanding of the rule of law in international investment law, which is ultimately envisaged to be implemented through a Multilateral Investment Court.

Type
Chapter
Information
The European Union and International Investment Law Reform
Between Aspirations and Reality
, pp. 314 - 348
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The Investment Court System
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.021
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The Investment Court System
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.021
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Investment Court System
  • Ivana Damjanovic, Australian National University, Canberra
  • Book: The European Union and International Investment Law Reform
  • Online publication: 13 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009345422.021
Available formats
×