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The Power to Conclude the New Generation of EU FTAs: AG Sharpston in Opinion 2/15

Can the European Union act alone in concluding agreements such as CETA and the EU–Singapore FTA? Or must EU member states also ratify them? ECJ Advocate General Sharpston discusses the allocation of powers in the field of investment under EU law.

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Can Bolivian State-Owned Companies Submit to International Arbitration? Analyzing Bolivia’s Intricate Legal Framework on Foreign Investment

La Paz at sunset

The Bolivian government has enacted three laws—on investment, arbitration and state-owned companies—that reflect the country’s public policy on domestic and foreign investment. Investing in Bolivia requires a careful reading of the three new laws.

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The Settlement of Investment Disputes: A Discussion of Democratic Accountability and the Public Interest

In the context of disputes involving governments, settlement agreements threaten accountability, respect for the rule of law, transparency and respect for citizens’ rights and interests. Any reform agenda must cover settlements and the policy issues they raise.

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Only a Brief Pause for Breath: The Judgment of the German Federal Constitutional Court on CETA

300 year old statue of Lady Justice overseeing the Well of Justice  at Frankfurts Roemer Square / Germany

Over 125,000 complainants requested a temporary injunction against Germany’s approval of the Canada–European Union Comprehensive Economic and Trade Agreement (CETA). While rejecting the request, what concerns did the German Federal Constitutional Court raise with respect to CETA?

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India’s Joint Interpretive Statement for BITs: An Attempt to Slay the Ghosts of the Past

Business strategic planning in India.

The Government of India has proposed a Joint Interpretative Statement to its bilateral investment treaty (BIT) partners. The statement clarifies key substantive and procedural provisions, bringing them more in line with India’s new foreign investment policy.

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