This article focuses on the recent judgment of Court Justice EU (CJEU) in European Commission v Micula (C-638/ 19 P) concentrating two paragraphs particular, namely 144–145. These passages lead us to believe that Justice’s more and hostile attitude towards intra-EU investment treaty arbitration (in Achmea, Komstroy , PL Holdings ) might be a result several misunderstandings by how investor-stat...

This theory testing study investigates the decision-making of the member states in the Dispute Settlement Body of the WTO, using a game theoretical approach. Game theory has its origins in political philosophy and can thus be valuable when analysing the behaviour of states in international regimes. Through using the specific game theory model Stag Hunt, this study aims to examine if such a mode...

background negotiations surrounding the trans-pacific partnership (tpp) trade and investment agreement have recently concluded. although trade and investment agreements, part of a broader shift to global economic integration, have been argued to be vital to improved economic growth, health, and general welfare, these agreements have increasingly come under scrutiny for their direct and indirect...

Investment treaty arbitration has become politically “toxic” even in states that pioneered the development of investment treaties. There is consensus on need for reform. But there a dearth historical research what went wrong with treaties, when it happened, or how to find way forward light past. As result, reform efforts have stumbling quality. One can see this multilateral fora, such as United...