European Commission's Reform Proposal Concerning The Investment Dispute Settlement Mechanism: Comparative Analysis In November 2015, during negotiations with the USA about the investment chapter of TTIP, the European Commission presented US delegates with a text which significantly differs from the traditional model of ISDS. Commission's reform proposal is a reaction to the current criticism directed towards the legitimacy of investment arbitration and to the demands for its thorough reform or even removal from the TTIP draft text. The Commission introduced the proposal after the public consultation opened in connection with the criticism of ISDS attracted significant public interest. This thesis aims to analyze the Commission's proposal and determine whether the Commission has introduced a sound proposal which would be capable of replacing the traditional concept of ISDS. The thesis further examines whether there are smaller or larger differences between the Commission's proposal and traditional ISDS and whether the Commission could have taken a different approach to some issues. After the first chapter dedicated to the criticism of investment arbitration and the results of the public consultation, the thesis analyses the Commission's proposal. Most attention is given to its procedural aspects,...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:347635 |
| Date | January 2016 |
| Creators | Munzar, Tomáš |
| Contributors | Balaš, Vladimír, Šturma, Pavel |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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