Abstract
This chapter will summarise the findings of the previous chapters and make some general considerations concerning the contribution of the EU to the development of international dispute settlement through its external action and treaty practice.
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Notes
- 1.
This is not to say that the ECJ will necessarily give the green light to the ICS in its pending Opinion 1/17. In particular, this book has not carried out an assessment of the potential incompatibilities existing between the ICS and substantive principles of EU law, especially of fundamental rights and principles such as non-discrimination and equal treatment. It bears noting that the application submitted to the Court explicitly raises these issues, which means, in turn, that the Court will most likely address them as well. For a view maintaining that the approval of ICS will result in a reverse discrimination against EU investor see Kleinheisterkamp 2014, pp. 452–457. Arguments based on discrimination and equal treatment seem, in reality, to be largely misplaced. The (admittedly) discriminatory disadvantage suffered by EU investors will be compensated by the corresponding advantage that they will enjoy with respect to foreign investors in the jurisdiction of their home state that has concluded an investment agreement with the EU. These dynamics are part and parcel of the scheme based on reciprocal concessions between the parties to an international agreement that is at the root of investment treaties and, ultimately, of international relations in general.
- 2.
See Wood 2016.
References
Kleinheisterkamp J (2014) Financial responsibility in European international investment policy. International and Comparative Law Quarterly 63:449–476.
Wood M (2016) The settlement of international disputes to which international organizations are parties. ii(2) Yearbook of the International Law Commission 387, annex A.
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Pantaleo, L. (2019). Concluding Remarks. In: The Participation of the EU in International Dispute Settlement. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-270-5_7
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DOI: https://doi.org/10.1007/978-94-6265-270-5_7
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