Open AccessMultilateral Investment Court – a Cure for Investor-State Disputes Under Extra-EU International Investment Agreements?
Author(s) -
Agata Zwolankiewicz
Publication year - 2021
Publication title -
groningen journal of international law
Language(s) - English
Resource type - Journals
ISSN - 2352-2674
DOI - 10.21827/grojil.9.1.195-211
Subject(s) - investment (military) , investor state dispute settlement , settlement (finance) , dispute resolution , prism , international investment , state (computer science) , international trade , business , dispute mechanism , international law , international economic law , law and economics , law , economics , international economics , foreign direct investment , alternative dispute resolution , political science , finance , public international law , politics , physics , optics , algorithm , computer science , payment
Both branches of international economic law – international investment and trade law are currently in crisis. Many reforms have been proposed to cure the shortcomings of their dispute resolution mechanisms. Distinctive though they are, it seems that the newest EU’s proposal to establish the Multilateral Investment Court is heavily inspired by the dispute settlement system which exists in the World Trade Organization. The new system has been introduced to replace the investor-State dispute settlement mechanism existing in most investment treaties. In this article, the author assesses the objectives of the reform through the prism of successes and failures of the WTO dispute settlement system.