Joanna Jemielniak delivers a speech at Hamburg Lectures on Law and Economics – University of Copenhagen

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21 November 2016

Joanna Jemielniak delivers a speech at Hamburg Lectures on Law and Economics

The lecture, entitled “Permanent Mechanisms of Investment Dispute Resolution in the EU FTAs - towards an Investment Court or an Institutional Amalgam?”, will take place on November 23rd at the Institute of Law and Economics, University of Hamburg.

Proposals for introduction of a judicialized system for investor-state dispute settlement (ISDS) have recently been successfully included in negotiations of trade and investment agreements. Establishment of a two-tier, court-like mechanism for investment controversies has already been accepted in the EU FTA with Vietnam and in the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. Analogical solution has also formally been proposed by the European Commission in negotiations of the Transatlantic Trade and Investment Partnership  (TTIP) agreement with the United States. The EU policy in regard to ISDS aims at consistent promotion of this model in negotiations of further agreements, as well as at a future institutional consolidation of so created bodies. However, is the mechanism, advanced in the discussed FTAs, and officially presented as an ‘investment court’, truly a court or rather a hybrid solution? What is its judicial and institutional grounding? What will be the status of rulings and how should they be enforced? The lecture will address these questions and offer comments on prospects for further proliferation of this model of investment dispute resolution.