CETA a külföldi befektetők carte blanche-ja? /
The essay focuses on various investment protection novelties that were introduced by the CETA agreement, with special consideration for their shortcomings and potential effects. Structurally, the author divides the subject matter into three parts. First, he examines the historical development of the...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2018
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| Sorozat: | Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae
1 |
| Kulcsszavak: | Beruházási jog - nemzetközi - jogi szabályozás |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/70839 |
| Tartalmi kivonat: | The essay focuses on various investment protection novelties that were introduced by the CETA agreement, with special consideration for their shortcomings and potential effects. Structurally, the author divides the subject matter into three parts. First, he examines the historical development of the investment protection rules concerning the contracting parties, then the author details CETA’s investment protection provisions, with special attention paid to the new investment court system introduced by CETA. This new system is termed the ICS (Investment Court System), replacing the previous standard, the ISDS (Investor-State Dispute Settlement) model. The third part studies the textual problems of the provisions as well as the potential societal and economic effects caused by them. The author outlines two highly important problems with the agreement: first, the so-called “regulatory chill” effect, and second, the “Trojan horse” problem that results from the poorly defined terminology of the agreement, the extreme discretionary power of the newly established courts, the lack of precedents and the preference for easily amendable definitions over fixed and exhaustive ones. The author concludes that these textual problems can be resolved by rewording the text of the agreement, and offers various ways of doing so in the final part of the essay. |
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| Terjedelem/Fizikai jellemzők: | 89-115 |
| ISSN: | 2560-2802 |