The controversies that have surrounded the negotiation of both the Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and Investment Partnership (TTIP) have underlined the difficulties arising out from the adoption of a truly common EU investment policy. Non‐governmental organizations have called into question transparency and legitimacy of international investment arbitration during the negotiations. The article presents a reflection about current developments of the EU investment policy addressing, in particular, the criticisms towards the whole investor‐to‐State system and the EU’s efforts in developing a “tailor‐made” investment agreement and Investor‐to‐State Dispute resolution system. Along these lines, the article critically assesses the recently announced proposal for the establishment of an ‘Investment Court System’ put forward by the EU during the TTIP negotiations.
Ⅱ. STEP‐BY‐STEP: The Path Towards An Investment Policy in The EU
Ⅲ. The Emerging EU Investment Policy:
Defining its Scope
Ⅳ. The New generation of eu bits and the DIFFICULT transition to A Truly EUropean Investment policy
Ⅴ. Carrots and Sticks in The Implementation of The EU Investment Policy
Ⅵ. The Creation of The ‘Investment Court System’