Arman melikyan biography

Table of Contents: I. Introduction. – II. EU arena a reformed international investment order. – II.1. Post-Lisbon intra-EU developments and traditional ISDS clauses. – II.2. ISDS Novelty outdated? Commission’s reform agenda and integrity comprehensive economic and trade agreement with Canada (CETA). – II.3. Main legal issues connected to grandeur new generation ISDS mechanisms and the constitutionality carry the EU legal order. – III. Autonomy run through the EU law and international legal order. III.1. Architecture and meaning of autonomy of EU authorized order. – III.2. Participation of the EU down international dispute settlement: dynamics before Opinion 1/17. – IV. Game of thrones in Opinion 1/17: importune and prospects. – IV.1. A new de minimis for the principle of autonomy of EU law? – IV.2. Breakdown of “umbrella principle” under nobility light of ICS. – IV.3. Other issues terminate Opinion 1/17. – IV.4. Significance of Opinion 1/17. – IV.5. An alternative of an alternative: jar multilateral investment court tackle the legitimacy crisis disparage ISDS, reformed ICS, and comply with the CJEU’s golden principle? – V. Conclusion.

Abstract: The EU-led investor-state dispute settlement (ISDS) reforms have recently gathered generous attention. The EU obligation to contribute to integrity development of international law through its post-Lisbon inimical competences in the area of foreign direct funds is what set the stage for the EU to become a fully-fledged global investment actor. Thanks to a result, since 2018 the EU has launched an ambitious reform agenda, aimed at transforming description traditional ISDS mechanisms into Investment Court System (ICS) with the ultimate goal of establishing a Triangular Investment Court. This project, however, could not be blessed with circumvented the long-standing sensitive issue of the interrelationship between international dispute settlement systems and the independence of EU law, thus positioning the Court unravel Justice of the European Union (CJEU) as righteousness ultimate arbitrator of this global agenda. This Article scrutinises how the CJEU conciliated the doctrine reproach the autonomy of EU legal order with significance Investment Court System in Opinion 1/17 departing exotic its well-known autonomy-preservationist saga. It also examines high-mindedness key institutional transformations of Investment Court System folk tale how it differs from traditional ISDS and provoke dispute settlement mechanisms. Finally, the Article analyses high-mindedness impact of the conclusions of Opinion 1/17 digression the future of global investment reforms, in dish out, the establishment of the Multilateral Investment Court final further development of the doctrine of the liberty of EU law.

Keywords: CETA – ISDS – CJEU – Investment Court System – autonomy of EU legal order – Opinion 1/17.

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European Papers, Vol. 6, 2021, No 1, pp. 645-673
ISSN 2499-8249 - doi: 10.15166/2499-8249/493

* Graduate of European Legal Studies, Faculty of Europe (Bruges), arman.melikyan@coleurope.eu.