Marcin J. Menkes’ Post

I am very happy to share with you the publication of my chapter on 𝐓𝐡𝐞 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐋𝐞𝐠𝐚𝐥 𝐅𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤 𝐟𝐨𝐫 𝐅𝐨𝐫𝐞𝐢𝐠𝐧𝐈𝐧𝐯𝐞𝐬𝐭𝐦𝐞𝐧𝐭 𝐂𝐨𝐧𝐭𝐫𝐨𝐥 , as a contribution to volume on "National Security and Investment Controls", edited by Jens Hillebrand Pohl, Thomas Papadopoulos & Janosch Wiesenthal (Springer Law Studies in Law & Geoeconomics) Volume 3, forthcoming. I would like to express my gratitude and thanks to the publishers of this book, and for the publication of my contribution. The chapter is now available on the Springer Law Website: https://lnkd.in/dHh7YrkZ The abstract and the link to the chapter are below. 

𝐓𝐡𝐞 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐋𝐞𝐠𝐚𝐥 𝐅𝐫𝐚𝐦𝐞𝐰𝐨𝐫𝐤 𝐟𝐨𝐫 𝐅𝐨𝐫𝐞𝐢𝐠𝐧 𝐈𝐧𝐯𝐞𝐬𝐭𝐦𝐞𝐧𝐭 𝐂𝐨𝐧𝐭𝐫𝐨𝐥 || We are delighted to highlight Dr. Pascale Accaoui Lorfing's significant contribution to "National Security and Investment Controls" (Springer Law, forthcoming), edited by Jens Hillebrand Pohl, Thomas Papadopoulos & Janosch Wiesenthal (Springer Studies in Law & Geoeconomics, Volume 3). Dr. Lorfing's analysis presents a nuanced view of the Security Interest (SI) provisions inserted into International Investment Agreements (IIAs), which allow states to take regulatory actions without compensating affected foreign investors under certain conditions. This paper meticulously explores the framework established by Article XXI of the General Agreement on Tariffs and Trade (GATT, 1994), which has significantly influenced the drafting of SI provisions in IIAs. The complexity and diversity of these clauses' formulations offer a fertile ground for interpretation, which is critical as it sets the stage for arbitral tribunals' approaches to such disputes. The chapter also anticipates the potential for a harmonized interpretation through proposed guidelines and the advent of an institutional structure like a multilateral investment court. Dr. Lorfing's work is instrumental for scholars, legal practitioners, and policymakers involved in international trade and investment. #LawAndGeoeconomics #InternationalLaw #InvestmentScreening #SpringerStudies https://lnkd.in/dHh7YrkZ

🚀 Open Call for Submissions: YSEC Yearbook Volume VI! 🚀 We are thrilled to announce the Open Call for the Yearbook of Socio-Economic Constitutions (YSEC) 2025 (Vol VI)! 📚 Theme: Domestic Law and Policy in the Regulation of Foreign Investment This edition aims to delve into the evolving significance of domestic legal frameworks in contemporary international investment law. As bilateral investment treaties (BITs) face increasing scrutiny, we observe strong demands for enhanced state involvement and a reaffirmation of sovereignty in investor-state relations. Key areas of focus include: 🌐 The transition from international to domestic investment regulation 🌱 The role of domestic laws in areas like food, agriculture, health, environment, and labor 🛡️ The impact of national constitutional principles on foreign investment protection ⚖️ The interaction between domestic and international law in investment arbitration We invite submissions exploring these and other relevant themes. Deadline for proposals: 30 September 2024 Proposal length: No more than 500 words Submission email: [email protected] Successful applicants will be notified by mid-October 2024. Join us in contributing to this critical discourse on the re-nationalization of investment screening and the evolving dynamics of domestic law in the regulation of foreign investment. We look forward to your insightful contributions! #YSEC2025 #ForeignInvestment #InternationalLaw #DomesticPolicy #CallForPapers #LegalResearch #InvestmentLaw 🔗 Find out more: https://ysec-yearbook.eu Steffen Hindelang Andreas Moberg Szilárd Gáspár-Szilágyi, PhD, LLM Eduardo Gill-Pedro Stefan Korte Nils Schaks Eva Storskrubb Suzana Tavares da Silva Paolo Vargiu Johanna Engström Dr. Teoman Hagemeyer-Witzleb Martin Johansson Gunnar Thor Petursson Jens Hillebrand Pohl Georges Vallindas

Have you thought about "Domestic Law and Policy in the Regulation of Foreign Investment"? Yes, then this call may be for you! #ysec #investmentregulation #domesticlaw #phdstudents #law #constitution #economicregulation #economicsecurity

In their piece, Gerard J. Meijer, Piotr Wilinski, and Thomas de Boer have provided an overview of the ongoing legal battle involving Spain and intra-EU investment awards enforcement. The authors delve into a case before the District Court of Amsterdam where Spain, in its strategic legal maneuvers, argued that its obligations under an investment treaty award constitute unlawful state aid under EU law. This argument is pivotal as it challenges the #enforcement of the award within the EU, pushing the boundaries of the New York Convention and the Brussels I bis Regulation. The Amsterdam Court's interim judgment sided with Spain, granting itself jurisdiction and setting the stage for a complex interaction between EU state aid rules and international arbitration norms. This case exemplifies the intricate dance between national courts and international obligations, particularly in the realm of intra-EU investment disputes post-#Achmea. The outcome could significantly influence the enforcement landscape of #internationalarbitration awards within the EU, highlighting the tension between EU law and international treaty obligations. #investmentlaw #investmentarbitration #disputeresolution

Today at UNCITRAL: United Nations Commission on International Trade Law Working Group III, an interesting side event moderated by Prof. Chiara Giorgetti has addressed recent developments concerning compensation in international investment law. It emerges that treaty language is changing with the aim to attain, even in the quantum phase, 'an equitable balance between the public interest and interest of those affected'. In the quantum phase, arbitrators are called to re-establish the equilibrium broken by the wrong of the state and to award the appropriate amount of indemnity to restore the foreign investor. In this context, proportionality may play a role by enabling arbitrators to evaluate and coordinate interests and circumstances at stake. Here are a few reflections on the application of the principle of proportionality to assess compensation: https://lnkd.in/drqXMX7c

In a somewhat unnecessary move, the #CJEU recently held the #UK to be in violation of its obligations under #EUlaw due to the #Micula-award becoming enforceable in the #UK. In its judgment, the #CJEU not only ignored the multilateral compliance nature of the obligation to enforce arbitral awards under Art. 54 #ICSID Convention, but also jumped quite a few hurdles in relation to other issues of #EUlaw. All in all, a tale of truisms, omissions and judicial fictions. In the pre-published issue of the European Investment Law and Arbitration Review, I critically analyse the judgment of the #CJEU. Thank you to Georg Scherpf, Sebastian Wuschka and Andrej Lang for critically reviewing and discussing prior drafts of this article. Thank you also to Prof. Dr. Nikos Lavranos, Szilárd Gáspár-Szilágyi, PhD, LLM and the entire editorial team of the European Investment Law and Arbitration Review for the comments and the smooth review process. Hope you enjoy my analysis! Any feedback and comments are welcome.

The UniTrento School of International Studies is in Vienna for the 49th Session of UNCITRAL: United Nations Commission on International Trade Law Working Group III. In this 49th Session, WG III continues discussion on the 'Draft statute of a standing mechanism for the resolution of international investment dispute' and the 'Draft provisions on procedural and cross-cutting issues'. Among these cross cutting issues of special interest are the right to regulate and the assessment of damages and compensation.

As the #FSR continues to be applied and interpreted through various cases, its long-term implications for the #EU’s competitive landscape and global business practices are becoming increasingly clear. Dr. Andrea Pomana, Alejandro Guerrero and Martin Gramsch of Simmons & Simmons look at the significant challenges for foreign #trade and #investments that involve #European companies. 👇 Read the full article on the Kluwer #Competition Law Blog