Suchergebnisse

TABLE OF CONTENTS -- Foreword -- Abbreviations -- Doctrine -- Courage or Caution? A Critical Overview of the Hague Preliminary Draft on Judgments -- Unchartered Territory? A Few Thoughts on Private International Law post Brexit -- Notes on an Unstable Couple: Party Autonomy and Public Policy in the Hague Principles on Choice of Law in International Commercial Contracts -- The Annulled Arbitral Award - Jurisdictio facit arbitrum -- Overlapping Jurisdictions and the Resolution of Disputes before Chinese and Foreign Courts -- Measuring the Effectiveness of the EU Civil Justice Framework: Theoretical and Methodological Challenges -- Unmasking Anonymous Online Infringers of Personality Rights: Questions Arising in International Contexts -- Five Lay Commandments for the EU Private International Law of Companies -- Remarks on the Impact of the Regulation No 650/ 2012 on the Swiss-EU Successions -- Developments in Cross-Border Insolvency -- The European Insolvency Regulation 2015 -- Cooperation in the New EU Regulation on Insolvency Proceedings: an Unfinished Transition from Status to Contract -- Recast of the Swiss International Insolvency Law -- Cross-Border Insolvency Law - Experiences and Perspectives -- New Rules on Cross-Border Insolvencies in Norway -- National Reports -- OBB Personenverkehr A.G. v. Sachs: Continuity and Unanswered Questions for Foreign Sovereign Immunity in the United States -- International Child Abduction: New Developments in Spain -- Cross-Border Placement of Children: the Current Situation in Spain -- The Enforcement of Foreign Judgments in Lebanese Private International Law -- Court Decisions

AbstractEU Financial responsibility resulting from investor-state arbitration is a politically sensitive topic that is currently shaping the emerging European international investment policy. What level of protection can foreign investors be granted in future EU investment treaties without compromising EU 'policy space'? How much review of its regulatory powers by arbitral tribunals, rather than by the CJEU, is the EU willing to accept? Taking the Commission's recent draft Regulation on managing financial responsibility as the starting point, this article analyses the implications that future EU investment agreements may have for the existing safeguards balancing private and public interests in EU law. It discusses the different policy choices in the light of fears that investment treaties may affect the EU policy space. A more scientific and sustainable approach is then suggested for ensuring that future EU agreements provide sufficient clarity regarding the outer bounds of financial responsibility and criteria for liability with the aim of maximizing legal certainty for both investors and host states.