Gáspár-Szilágyi, Szilard  ORCID: https://orcid.org/0000-0001-7204-406X
2016.
A standing investment court under TTIP from the perspective of the court of justice of the European Union.
The Journal of World Investment & Trade
17
(5)
, 701–742.
10.1163/22119000-12340010
|
Abstract
This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the ICS by the CJEU would likely result in several incompatibilities between the ICS and EU law, since insufficient safeguards exist guaranteeing that the ICS will not interfere with EU fundamental rights and the CJEU’s exclusive jurisdiction to deliver binding interpretations of EU law. Moreover, it is not yet certain whether an incompatibility exists with Article 344 TFEU or with substantive EU values. Furthermore, no preliminary reference mechanism is envisaged with a binding ruling of the CJEU and even if such a system were included, it is uncertain whether the ICS could refer a question to the CJEU.
| Item Type: | Article |
|---|---|
| Date Type: | Publication |
| Status: | Published |
| Schools: | Schools > Cardiff Law & Politics |
| Publisher: | Brill Academic Publishers |
| ISSN: | 1660-7112 |
| Last Modified: | 21 Jan 2026 14:00 |
| URI: | https://orca.cardiff.ac.uk/id/eprint/183511 |
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