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The contribution of the European Union to the rule of law in the field of international investment law through the creation of a Multilateral Investment Court
Authors:Colin M Brown
Institution:Head of Unit, Legal aspects of trade and sustainable development and investment (Unit F.3), Directorate General for Trade, European Commission. Head of the Delegation of the EU to UNCITRAL Working Group III. Guest lecturer, Edinburgh Law School, University of Edinburgh. The author is grateful to Bertha Botnik for research assistance in the preparation of this article. The views expressed herein are personal.

This article is in part based on the author's presentation to a seminar at Aberdeen University, School of Law, Commercial Law Research Centre, ‘Creating a Multilateral Investment Court: Why and How?’ (27 November 2020).

Abstract:The concept of the international rule of law has developed in a form distinct from, but related to, the rule of law at the domestic (or European) level. This article examines the notion of the international rule of law and then, after explaining the international system of investment protection and its dispute settlement system, sets these against the international rule of law. It concludes by looking at how the European Union's proposal for a Multilateral Investment Court would contribute to augmenting the international rule of law in the field of investment protection.
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