Abstract
This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU's exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.
| Original language | English |
|---|---|
| Pages (from-to) | 701-742 |
| Number of pages | 42 |
| Journal | Journal of World Investment and Trade |
| Volume | 17 |
| Issue number | 5 |
| DOIs | |
| Publication status | Published - 2016 |
Bibliographical note
Funding Information:* The article was written while the author was a Postdoctoral Researcher at the Amsterdam Centre for European Law and Governance (ACELG), University of Amsterdam, funded by ACCESS Europe. The author would like to thank Stephan Schill, Nanette Neuwahl and the reviewers of The Journal of World Investment and Trade for their constructive comments.
Publisher Copyright:
© 2016 Koninklijke Brill NV, Leiden, The Netherlands.
Keywords
- compatibility with EU Law
- ex ante review
- Investment Court System
- TTIP
ASJC Scopus subject areas
- Business and International Management
- Political Science and International Relations
- Economics, Econometrics and Finance(all)
- Law