Experts talk about investor-state dispute settlements, which allow fossil fuel companies to bring multi-billion dollar lawsuits against countries that pass green policies.
The proposed India-EU Free Trade Agreement is likely to focus on investment liberalisation, while keeping investment protection and arbitration out of the pact, to be negotiated separately in a bilateral investment treaty.
El presidente Petro habló de la revisión del TLC con la Unión Europea, pero sobre un tema que no está en el tratado y después de años de haber anunciado la renegociación.
Colombia’s President said that Colombia will try to renegotiate the Free Trade Agreements with the European Union and the United States, concerning arbitration prerogatives based on national law.
EU members should terminate extra-EU BITs. To facilitate the process, the EU could spearhead an instrument similar to the plurilateral agreement to terminate intra-EU BITs or based on the draft treaty language on termination proposed to UNCITRAL.
The EU has taken the final step to exit the Energy Charter Treaty; the Union and its Member States have also reached a formal agreement to put an end to the continuation of intra-EU arbitration proceedings under the ECT.
Two recent decisions by the Swiss Federal Tribunal and the US Court of Appeal for the District of Columbia Circuit confirmed that international law does not offer arguments to contest either arbitral jurisdiction or the validity of arbitral awards in intra-EU investment cases.
There appears to remain a growing demand from investors for the creation of a new European investor-State dispute settlement regime, which would provide a permanent neutral forum for the adjudication of their intra-EU claims.