Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Investor-State Dispute Settlement (ISDS) in Future EU Investment-Related Agreements: Is the Autonomy of the EU Legal Order an Obstacle?

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

Through the study of the Court’s case law on dispute settlement, this article examines whether investor-State dispute resolution is compatible with EU law at all and, if so, under which conditions. It analyses the relevant Opinions delivered by the Court of Justice regarding external dispute settlement mechanisms and the autonomy of the EU legal order. The author then assesses the compatibility of investor-State dispute resolution within the system of legal protection guaranteed by the CJEU. It finally presents ways forward aiming at preserving the autonomy of the EU legal order. The author concludes that no realistic or viable propositions can be detected on the horizon. Therefore, as long as no veritable mechanism is found to render investor-State dispute resolution in line with the CJEU’s jurisprudence, the insertion of an ISDS mechanism in those international agreements seems to be an ill-considered decision on the part of the European Commission.

Affiliations: 1: WTT Law Firm


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Law & Practice of International Courts and Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation