From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
Options Regarding the Institutionalization of Investor-State Dispute Settlement
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Beschreibung
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
Presents the first comprehensive legal analysis of the feasibility of creating a Multilateral Investment Court Addresses the various requirements for a new multilateral investment court system, from the institutional setup to the enforcement of decisions Concentrates on a strict rule-of-law orientation during the institutional setup of a Multilateral Investment Court Includes supplementary material: sn.pub/extras
Autor*in
Marc Bungenberg
Themen in »From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court«
Bilateral Arbitral Tribunals Investment Courts Multilateral Investment Courts Investor-State Dispute Settlement UNCITRAL Open access