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A First Glimpse of Light on the Emerging Invisible EU Model BIT

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The article recalls the general political orientations of the investment policy of the European Union (eu) as outlined by the three major institutions (Commission, Council, and Parliament) shortly after Lisbon. It then turns with some detail to the substantive standards and the enforcement chapter. The authors present a number of changes that the eu is pushing in its negotiations with Canada and Singapore and which are also outlined in the public consultation with respect to the eu-us Trade and Investment Partnership Agreement (ttip). They come to the conclusion that all these elements present “[a] new start for investment and investment protection,” marked by the need for “a better balance between the right of states to regulate and the need to protect investors,” as well as for an improved arbitration system in the emerging eu practice in its negotiations with third states.

Affiliations: 1: European Commission, Brussels, Belgium,; 2: European Commission, Brussels, Belgium,


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