Does the European Union Have New Clothes?: Understanding the EU’s New Investment Treaty Model

Kyle Dylan Dickson-Smith
  • The Journal of World Investment & Trade, September 2016, Brill
  • DOI: 10.1163/22119000-12340012

Understanding the EU’s New Investment Treaty Model

What is it about?

This article analyses the investment chapter the European Union (EU) proposed for the Transatlantic Trade and Investment Partnership (TTIP). It focusses on the substantive obligations and exceptions and procedural innovations- such as an appellate body. It questions why the EU is changing the traditional form of investor-State arbitration and whether the EU’s model is viable that will stand the test of time.

Why is it important?

The analysis is relevant not only to TTIP, but other agreements where the EU's proposed Investment Court and design of exceptions have been replicated, such as in the CETA and the EU-Vietnam FTA.

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