Specific Problems Caused by the Interrelation Between the Application of EU IIPAs and the Application of the REG
This chapter discusses three specific problems caused by the interrelation between the Arbitral Tribunal’s and the disputing parties’ application of the EU IIPA and the application of the REG by the Commission and the CJEU. The analysis is again based on the assumption that future post-Lisbon EU IIPAs will be worded and modelled in accordance with CETA, the EU-Singapore IIPA, the EU-Vietnam FTA, or TTIP, which all provide for a mandatory respondent determination mechanism, as described in Chap. 4. The interrelation describes the binding and non-binding effects the application of the REG—in form of the Commission decision on respondent status—has upon the application of the EU IIPA, and the application of the EU IIPA—in form of an award or settlement—has upon the application of the REG. There is a twofold interface between both regimes, where the application of one bindingly affects or might influence the application of the other.