New Trends in the International Protection of Investments (ISDS v. ICS) - 'Nationalisation' of Investment Dispute Settlement
2017
Abstract
The article analyses the newest developments in the area of investment protection, in particular with respect to the European Commission's effort to incorporate chapters on investment in the newly negotiated free trade agreements. In a brief outline the author examines the current international regulation governing the protection of investments, explaining the reasons for its creation, development, and relative stabilisation, and analysing its strengths and weaknesses.
Finally, the author tries to answer the question of whether the Commission's effort to change the existing system is justified both legally and economically, and whether or not the EU's new proposals bring about a truly revolutionary change.