This talk by Mislav Mataija, International Visiting Professor of Law, and hosted by Columbia Center on Sustainable Investment (CCSI) and the Columbia International Arbitration Association (CIAA), will examine the evolution of the restraints imposed by EU law, as interpreted by the European Court of Justice, on investment protection provisions in bilateral investment treaties (BITs) and free trade agreements (FTAs) concluded by the European Union and/or its Member States. Two recent judgments of the Court have raised alarms in some quarters, suggesting that the EU may not be able to conclude agreements that include investor-State dispute settlement without additional ratification by its Member States (the Singapore opinion) and that ISDS provisions in existing BITs between EU Member States are outright illegal (Achmea). A third, upcoming decision – the Opinion in CETA – might settle the broader question of whether the EU can negotiate ISDS provisions with third countries at all. This talk will outline the main issues on which that decision may hinge, and provide a broader overview of how EU law on investment protection has reached this point.
Lunch will be served.
