The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law?
<p>In its controversial Opinion 2/13, the European Court of Justice has rejected the accession of the EU to the European Convention on Human Rights. The constitutional hurdles the CJEU has erected in this opinion are not only relevant in the area of human rights, but also require us to think h...
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| Format: | Article |
| Language: | deu |
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Max Steinbeis Verfassungsblog GmbH
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| Series: | Verfassungsblog |
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| Online Access: | https://verfassungsblog.de/the-proposed-ttip-tribunal-and-the-court-of-justice-what-limits-to-investor-state-dispute-settlement-under-eu-constitutional-law/ |
| _version_ | 1818477617644306432 |
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| author | Stephan Schill |
| author_facet | Stephan Schill |
| author_sort | Stephan Schill |
| collection | DOAJ |
| description | <p>In its controversial Opinion 2/13, the European Court of Justice has rejected the accession of the EU to the European Convention on Human Rights. The constitutional hurdles the CJEU has erected in this opinion are not only relevant in the area of human rights, but also require us to think hard about the EU constitutionality of the suggested TTIP Tribunal, or any other mechanism of investor-state dispute settlement under future EU international investment agreements. To reduce this uncertainty it may be advisable to request the CJEU through an advisory opinion.</p>
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| first_indexed | 2024-12-10T09:39:49Z |
| format | Article |
| id | doaj.art-ad3900da8e9e495594f0b1eaabbbf32b |
| institution | Directory Open Access Journal |
| issn | 2366-7044 |
| language | deu |
| last_indexed | 2024-12-10T09:39:49Z |
| publisher | Max Steinbeis Verfassungsblog GmbH |
| record_format | Article |
| series | Verfassungsblog |
| spelling | doaj.art-ad3900da8e9e495594f0b1eaabbbf32b2022-12-22T01:54:03ZdeuMax Steinbeis Verfassungsblog GmbHVerfassungsblog2366-70442366-7044The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law?Stephan Schill<p>In its controversial Opinion 2/13, the European Court of Justice has rejected the accession of the EU to the European Convention on Human Rights. The constitutional hurdles the CJEU has erected in this opinion are not only relevant in the area of human rights, but also require us to think hard about the EU constitutionality of the suggested TTIP Tribunal, or any other mechanism of investor-state dispute settlement under future EU international investment agreements. To reduce this uncertainty it may be advisable to request the CJEU through an advisory opinion.</p> https://verfassungsblog.de/the-proposed-ttip-tribunal-and-the-court-of-justice-what-limits-to-investor-state-dispute-settlement-under-eu-constitutional-law/CJEU, TTIP |
| spellingShingle | Stephan Schill The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law? Verfassungsblog CJEU, TTIP |
| title | The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law? |
| title_full | The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law? |
| title_fullStr | The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law? |
| title_full_unstemmed | The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law? |
| title_short | The Proposed TTIP Tribunal and the Court of Justice: What Limits to Investor-State Dispute Settlement under EU Constitutional Law? |
| title_sort | proposed ttip tribunal and the court of justice what limits to investor state dispute settlement under eu constitutional law |
| topic | CJEU, TTIP |
| url | https://verfassungsblog.de/the-proposed-ttip-tribunal-and-the-court-of-justice-what-limits-to-investor-state-dispute-settlement-under-eu-constitutional-law/ |
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