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de Nanteuil, Arnaud --- "Settlement of disputes in new EU free trade agreements: democratizing international adjudication?" [2019] ELECD 2792; in Bosse-Platiere, Isabelle; Rapoport, Cecile (eds), "The Conclusion and Implementation of EU Free Trade Agreements" (Edward Elgar Publishing, 2019) 255

Book Title: The Conclusion and Implementation of EU Free Trade Agreements

Editor(s): Bosse-Platière, Isabelle; Rapoport, Cécile

Publisher: Edward Elgar Publishing

Section: Chapter 14

Section Title: Settlement of disputes in new EU free trade agreements: democratizing international adjudication?

Author(s): de Nanteuil, Arnaud

Number of pages: 16

Abstract/Description:

This chapter explores the recent European projects of reform of investor-State dispute settlement (ISDS), in particular through the establishment of a permanent court to replace arbitral tribunals. It argues that these different reforms introduce important procedural changes which all have in common to take a better consideration of the interests of the people. This is so by a closer association of civil society in the conception of EU FTAs, by the introduction of provisions securing the States’ right to regulate, and by improving transparency and judicial independence. Accordingly, it is argued that these projects participate in a ‘democratization’ process of dispute settlement in international law and, more generally, to a democratization of international law in a quite innovative manner.