Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs
Investment treaties aim to protect the rights of foreign investors and provide legal certainty, generally including an Investor-state dispute settlement (ISDS) system. The increase of criticism towards ISDS -which reached its highest point during the EU-US TTIP negotiations- brought up different con...
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| Format: | Article |
| Language: | Spanish |
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Secretaría del Tribunal Permanente de Revisión
2020-08-01
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| Series: | Revista de la Secretaría del Tribunal Permanente de Revisión |
| Subjects: | |
| Online Access: | http://revistastpr.com/index.php/rstpr/article/view/422 |
| _version_ | 1797764477243883520 |
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| author | Santiago Theoduloz Duarte |
| author_facet | Santiago Theoduloz Duarte |
| author_sort | Santiago Theoduloz Duarte |
| collection | DOAJ |
| description | Investment treaties aim to protect the rights of foreign investors and provide legal certainty, generally including an Investor-state dispute settlement (ISDS) system. The increase of criticism towards ISDS -which reached its highest point during the EU-US TTIP negotiations- brought up different concerns. As a result, the Investment Court System (ICS) was developed and incorporated for the first time in the CETA between Canada and the EU, and then in other Free-Trade Agreements (FTA) signed by the EU. However, in the EU-MERCOSUR FTA there is no regulation of a dispute settlement mechanism between investors and States parties.
Currently, the United Kingdom (UK) is leaving the EU and negotiations of a new deal with the EU are being developed. In the next stages, the UK will most likely reach different agreements with sovereign states and others commercial blocks. In this sense, there is a possibility that a future EU-UK and UK-MERCOSUR agreement will need to consider whether the ISDS or the ICS will be adopted. Also, MERCOSUR will need to analyse which system it will be willing to adopt in the future in case a dispute settlement between investors and States is adopted, and could even explore a system that includes aspects of both the ISDS and the ICS. |
| first_indexed | 2024-03-12T19:56:16Z |
| format | Article |
| id | doaj.art-bd81482e0b0d4d37843310bea52e62c9 |
| institution | Directory Open Access Journal |
| issn | 2307-5163 2307-5163 |
| language | Spanish |
| last_indexed | 2024-03-12T19:56:16Z |
| publishDate | 2020-08-01 |
| publisher | Secretaría del Tribunal Permanente de Revisión |
| record_format | Article |
| series | Revista de la Secretaría del Tribunal Permanente de Revisión |
| spelling | doaj.art-bd81482e0b0d4d37843310bea52e62c92023-08-02T02:47:13ZspaSecretaría del Tribunal Permanente de RevisiónRevista de la Secretaría del Tribunal Permanente de Revisión2307-51632307-51632020-08-0181618220310.16890/rstpr.a8.n16.p182352Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAsSantiago Theoduloz Duarte0Universidad de La República Oriental del Uruguay, UruguayInvestment treaties aim to protect the rights of foreign investors and provide legal certainty, generally including an Investor-state dispute settlement (ISDS) system. The increase of criticism towards ISDS -which reached its highest point during the EU-US TTIP negotiations- brought up different concerns. As a result, the Investment Court System (ICS) was developed and incorporated for the first time in the CETA between Canada and the EU, and then in other Free-Trade Agreements (FTA) signed by the EU. However, in the EU-MERCOSUR FTA there is no regulation of a dispute settlement mechanism between investors and States parties. Currently, the United Kingdom (UK) is leaving the EU and negotiations of a new deal with the EU are being developed. In the next stages, the UK will most likely reach different agreements with sovereign states and others commercial blocks. In this sense, there is a possibility that a future EU-UK and UK-MERCOSUR agreement will need to consider whether the ISDS or the ICS will be adopted. Also, MERCOSUR will need to analyse which system it will be willing to adopt in the future in case a dispute settlement between investors and States is adopted, and could even explore a system that includes aspects of both the ISDS and the ICS.http://revistastpr.com/index.php/rstpr/article/view/422investment court system (isds)investment lawfree-trade agreementmultilateral investment courtmercosur |
| spellingShingle | Santiago Theoduloz Duarte Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs Revista de la Secretaría del Tribunal Permanente de Revisión investment court system (isds) investment law free-trade agreement multilateral investment court mercosur |
| title | Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs |
| title_full | Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs |
| title_fullStr | Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs |
| title_full_unstemmed | Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs |
| title_short | Investor-State Dispute Settlement under review; current challenges, lack of regulation in the EU-MERCOSUR agreement and basis for the EU-UK and UK-MERCOSUR FTAs |
| title_sort | investor state dispute settlement under review current challenges lack of regulation in the eu mercosur agreement and basis for the eu uk and uk mercosur ftas |
| topic | investment court system (isds) investment law free-trade agreement multilateral investment court mercosur |
| url | http://revistastpr.com/index.php/rstpr/article/view/422 |
| work_keys_str_mv | AT santiagotheodulozduarte investorstatedisputesettlementunderreviewcurrentchallengeslackofregulationintheeumercosuragreementandbasisfortheeuukandukmercosurftas |