Paparinskis, M; (2015) Investment Law and the European Union: A Reply to Catharine Titi. European Journal of International Law , 26 (3) pp. 663-670. 10.1093/ejil/chv041.

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Abstract

Reasonable people might disagree whether the EU is likely to make a significant and commendable contribution to international investment law. Catharine Titi makes a powerful and in many ways persuasive argument in support of this likelihood. This reply will be limited to two issues where the materials put forward could also lend support to a different, if not necessarily better, reading. I will first consider the appropriateness of evaluating developments in international investment law through the analytical perspective of balance between (originally excessive) investor protection and (gradual recognition of) the right to regulate. It will be suggested that the apparent consensus on the meaning of ‘balancing’ may sometimes obfuscate certain less obvious issues at play. Secondly, the contribution of the recent EU practice will be briefly examined, finding it less interesting and innovative than one might have expected.

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