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I am truly delighted to have the opportunity to take part in the Congress ‘Modernizing International Trade Law to Support Innovation and Sustainable Development’, hosted by the United Nations Commission on International Trade Law (UNCITRAL) to celebrate its 50th anniversary. The congress will be held at the Vienna International Centre in Vienna, Austria, between 4 and 6 July. My paper is entitled ‘Investment Law and Climate Disputes: The Role of UNCITRAL in Powering Sustainable Development’ (download here). The conference programme can be found here.
New article: ‘A Guardian and a Friend? The European Commission’s Participation in Investment Arbitration’
My latest article, titled ‘A Guardian and a Friend? The European Commission’s Participation in Investment Arbitration’, has just been published in the Michigan State International Law Review, 25(2), 2017, pp. 233-303. The article is available here.
Here is the abstract: The figure of amicus curiae is a central feature of contemporary investor-state arbitration law and practice. Over the last several years the European Commission has taken part in a number of arbitral proceedings that touched upon matters of European Union Law. This phenomenon is part of the European Union’s broader incursion into the realm of investment law. The participation of an entity with legislative and political functions in investment arbitrations raises complex questions regarding the nature of the interests that this entity pursues and the potential impact that its involvement might have in the dispute settlement mechanism. This paper examines the participation of the European Commission (EC) in investor-state arbitrations and assesses its impact in the overall mechanism of investor-state dispute resolution. It is argued that the EC is fundamentally a distinct type of amicus, as it pursues interests different from those of traditional amici, and should therefore be accorded extended participatory rights.
A bit misleading title: Catherine Titi and I agree that the EU’s current level of transparency in trade and investment negotiations is quite satisfactory – in Macau Daily Times, 19 May 2017.
Direito do Investimento, a Arbitragem de Investimentos e a nova Política Comercial da União Europeia
During the next week I will be visiting the Faculty of Law of the University of Porto in the framework of the Merging Voices – Erasmus + program. On 16 May I will be delivering a lecture (in Portuguese) titled ‘Direito do Investimento, a Arbitragem de Investimentos e a nova Política Comercial da União Europeia‘ (Investment Law, Investment Arbitration and the new Commercial Policy of the European Union).
Images: Universidade do Porto
A few months ago, the International Centre for Settlement of Investment Disputes (ICSID) invited the public to make suggestions for amendments to its Arbitration Rules. The ICSID Secretariat has now published these comments, including my suggestions on an amendment of the rules on amicus curiae intervention. My contribution – titled ‘Myopic Amici? The Participation of Non-disputing Parties in ICSID Arbitration’ – will also be published soon in the North Carolina Journal of International Law.