Marc Bungenberg - Academia.edu (original) (raw)
Uploads
Papers by Marc Bungenberg
European Yearbook of International Economic Law
This book is an open access publication.
Zeitschrift für europarechtliche Studien
The Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) can be seen as an... more The Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) can be seen as an unofficial blueprint of future EU Investment Agreements and Chapters. It was developed under immense public pressure and had to fulfil multiple conditions resulting from the EU constitutional framework. This contribution highlights the political and juridical background of EU investment policy, and then analyses the most significant new approaches in international investment law - both with regard to substantive standards and investor-State dispute settlement - as exemplified in the CETA. With regard to the substance, it can be witnessed that states are more proactive in defining investment protection standards, leaving less discretion for adjudicators. With regard to dispute settlement, the EU managed to introduce a completely new Investment Court System (ICS) with preselected adjudicators and an appellate mechanism. In light of all these developments, this article argues that we are c...
Zeitschrift für europarechtliche Studien
International Investment Law and Competition Law
The Journal of World Investment & Trade
Energy investments from China have been flowing into the European Union (EU) over the last decade... more Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.
Balkan Yearbook of European and International Law
Zeitschrift für europarechtliche Studien
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
Recognition and Enforcement of Decisions A key issue for any dispute resolution mechanism is the ... more Recognition and Enforcement of Decisions A key issue for any dispute resolution mechanism is the question of effectiveness of decisions. This is ensured by the fact that these are not only final and binding (see paras. 469 et seqq.), but also legally enforceable if necessary. The distinction between recognition and enforcement of decisions has little practical relevance, 1 especially because due to international enforcement mechanisms such as the ICSID Convention 2 or the New York Convention, 3 no separate recognition procedure (in the sense of a double exequatur) is required for enforcement. This enforceability could theoretically be ensured by international institutions (for example, measures of the UN Security Council for enforcing judgments of the ICJ), 4 but is usually guaranteed through the support of state courts. The prevailing model in investment arbitration is the recognition and enforcement of awards through state courts in third countries according to the provisions of the ICSID Convention or the New York Convention. Both conventions state that arbitral awards are final and binding on the specific parties to the dispute and that they can be recognised and enforced also in other states which are a party to the treaty, but were not involved in the investment dispute. In practice, it often occurs that losing state parties do not comply with their obligations resulting from awards; in such cases, the prevailing party often has the only a chance to successfully enforce the award if the assets of the losing party are 1 Toope (1990), pp. 102 et seq.; however, an important distinction is, that a decision, indeed, can be accepted as res judicata, but, at the same time can be unenforceable e.g. due to state sovereignty.
Zeitschrift für europarechtliche Studien
Von bilateralen Schieds- und Investitionsgerichten zum multilateralen Investitionsgerichtshof
The Journal of World Investment & Trade
Kölner Schrift zum Wirtschaftsrecht
Wuw Wirtschaft Und Wettbewerb Concurrence Et Marche Competition and Trade Regulation, 2010
Wuw Wirtschaft Und Wettbewerb Concurrence Et Marche Competition and Trade Regulation, 2010
Iprax Praxis Des Internationalen Privat Und Verfahrensrechts, 2011
Privatrecht, Wirtschaftsrecht, Verfassungsrecht, 2015
Permanent Sovereignty over Natural Resources, 2015
European Yearbook of International Economic Law
This book is an open access publication.
Zeitschrift für europarechtliche Studien
The Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) can be seen as an... more The Investment Chapter of the Comprehensive Economic and Trade Agreement (CETA) can be seen as an unofficial blueprint of future EU Investment Agreements and Chapters. It was developed under immense public pressure and had to fulfil multiple conditions resulting from the EU constitutional framework. This contribution highlights the political and juridical background of EU investment policy, and then analyses the most significant new approaches in international investment law - both with regard to substantive standards and investor-State dispute settlement - as exemplified in the CETA. With regard to the substance, it can be witnessed that states are more proactive in defining investment protection standards, leaving less discretion for adjudicators. With regard to dispute settlement, the EU managed to introduce a completely new Investment Court System (ICS) with preselected adjudicators and an appellate mechanism. In light of all these developments, this article argues that we are c...
Zeitschrift für europarechtliche Studien
International Investment Law and Competition Law
The Journal of World Investment & Trade
Energy investments from China have been flowing into the European Union (EU) over the last decade... more Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.
Balkan Yearbook of European and International Law
Zeitschrift für europarechtliche Studien
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
Recognition and Enforcement of Decisions A key issue for any dispute resolution mechanism is the ... more Recognition and Enforcement of Decisions A key issue for any dispute resolution mechanism is the question of effectiveness of decisions. This is ensured by the fact that these are not only final and binding (see paras. 469 et seqq.), but also legally enforceable if necessary. The distinction between recognition and enforcement of decisions has little practical relevance, 1 especially because due to international enforcement mechanisms such as the ICSID Convention 2 or the New York Convention, 3 no separate recognition procedure (in the sense of a double exequatur) is required for enforcement. This enforceability could theoretically be ensured by international institutions (for example, measures of the UN Security Council for enforcing judgments of the ICJ), 4 but is usually guaranteed through the support of state courts. The prevailing model in investment arbitration is the recognition and enforcement of awards through state courts in third countries according to the provisions of the ICSID Convention or the New York Convention. Both conventions state that arbitral awards are final and binding on the specific parties to the dispute and that they can be recognised and enforced also in other states which are a party to the treaty, but were not involved in the investment dispute. In practice, it often occurs that losing state parties do not comply with their obligations resulting from awards; in such cases, the prevailing party often has the only a chance to successfully enforce the award if the assets of the losing party are 1 Toope (1990), pp. 102 et seq.; however, an important distinction is, that a decision, indeed, can be accepted as res judicata, but, at the same time can be unenforceable e.g. due to state sovereignty.
Zeitschrift für europarechtliche Studien
Von bilateralen Schieds- und Investitionsgerichten zum multilateralen Investitionsgerichtshof
The Journal of World Investment & Trade
Kölner Schrift zum Wirtschaftsrecht
Wuw Wirtschaft Und Wettbewerb Concurrence Et Marche Competition and Trade Regulation, 2010
Wuw Wirtschaft Und Wettbewerb Concurrence Et Marche Competition and Trade Regulation, 2010
Iprax Praxis Des Internationalen Privat Und Verfahrensrechts, 2011
Privatrecht, Wirtschaftsrecht, Verfassungsrecht, 2015
Permanent Sovereignty over Natural Resources, 2015