Juliane Ahner, Investor-Staat-Schiedsverfahren Nach Europäischem Unionsrecht: Zulässigkeit und Ausgestaltung in Investitionsabkommen der Europäischen Union

After receiving a competence for foreign investments with the Treaty of Lisbon in 2009, the EU unsurprisingly started to negotiate its own bilateral investment treaties (BITs), including typical investor-state dispute settlement (ISDS) mechanisms, in recent years. In this context, especially the EU-Singapore FTA, CETA and TTIP the can be named; all of them basically being trade agreements, but containing distinct investment chapters at the same time. Lately the EU’s BIT-negotiations are accompanied by extensive and fierce debates both in public and in academia, not only regarding the legitimacy of ISDS, but also concerning procedural, institutional and even constitutional questions.