O parecer 1/17 e a reforma da arbitragem investidor-Estado: autonomia a quanto (mais) obrigas?

• Autor(a) principal: Vicente, Marta
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: https://doi.org/10.34632/catolicalawreview.2021.9746

This text aims to explain the link between the autonomy of the EU legal order, as developed by the Court of Justice, and the reform Investor-state arbitration is currently undergoing. The design of the new investment treaties – in particular, the Comprehensive Economic Trade Agreement (CETA) – reveals that the EU’s strategy is to bring down any chance of judicial dialogue between European Union law and international investment law. Said strategy is also about setting in advance the balancing results between investors’ rights and the State’s “right to regulate”, that is, Host State’s sovereign power to issue rules that affect the entry and development of investment activities. Thus, we intend to demonstrate that the reform path put forward by the European Union regarding investment-state arbitration is aimed at ensuring the conditions of the autonomy of its legal order. Said reform consists in curtailing investment courts and tribunals’ competence to call into question the level of protection of the public interest defined by a European Union’s legislative act.