Maria Rosaria Calamita

The «ISDS clause» in the latest generation of European Union Free Trade Agreements

  • Abstract

Informations and abstract

Keywords: Investor State Dispute Settlement (ISDS); International Court System (ICS); Eu-Canada Comprehensive Economic and Trade Agreement (CETA); Energy Charter Treaty (ECT); Intra-Belgian Agreement.

The recent provisional coming into force of the Eu-Canada Comprehensive Economic and Trade Agreement (CETA) opens up a series of scenarios concerning the application of the «ISDS clause», which allows legal persons to sue States for alleged discriminatory practices, in the latest generation of EU Free Trade Agreements. In particular, something of great interest in the CETA is the provision of a sectorial Court: The International Court System (ICS), a jurisdictional variant of the ISDS System. This question examines the ICS system, comparing it with the ISDS and WTO Systems of dispute resolution.

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