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Investment Law and the European Union: A Reply to Catharine Titi

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. Green open access

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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.

Type: Article
Title: Investment Law and the European Union: A Reply to Catharine Titi
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/ejil/chv041
Publisher version: http://dx.doi.org/10.1093/ejil/chv041
Language: English
Additional information: This is a pre-copyedited, author-produced PDF of an article accepted for publication in European Journal of International law following peer review. The version of record Paparinskis, M; (2015) Investment Law and the European Union: A Reply to Catharine Titi. European Journal of International law , 26 (3) pp. 663-670, is available online at: http://dx.doi.org/10.1093/ejil/chv041
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1469101
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