РЕГУЛИРОВАНИЕ ИНВЕСТИЦИОННОЙ ДЕЯТЕЛЬНОСТИ В СОГЛАШЕНИЯХ ЕВРОПЕЙСКОГО СОЮЗА О СВОБОДНОЙ ТОРГОВЛЕ
Bibliographic record
Abstract
Introduction: The article presents a review of investment regulation in the European Union free trade agreements. Investment is of great importance for the European Union as it contributes to the development and competitiveness of European enterprises. Until recently, issues related to investment, were not included in the EU free trade agreements, being regulated on the international level. However, the situation has changed after the Lisbon Treaty entered into force and the EU was given the right to make decisions in the field of investment policy, which is part of its commercial policy,. The free trade agreements have become a major tool for the regulation of investment relations of the European Union with third countries. The author examines which regimes and guarantees can be provided by the European Union in such agreements in relation to foreign investors and investments.The article presents the analysis of investment provisions in several EU agreements concluded with third countries. Moreover, the author deals with the issue of settlement of disputes between investors and States in the EU free trade agreements, in particular, with the new mechanism in the context of two trade agreements of the European Union: Transatlantic Trade and Investment Partnership with the US and Comprehensive Economic and Trade Agreement with Canada.Materials and methods: the methodological basis of the research consists of general scientific and special methods of cognition of legal phenomena and processes in the field of international trade law: the method of systemic structural analysis; method of synthesis of the socio-legal phenomena; the comparative legal method, formal logical method; statistical method. Results: the analysis reveales that for a long period of time the agreements of the European Union on free trade with third countries did not contain mechanisms for the protection of foreign investments. Such a mechanism is proposed in several agreements made after 2010, including the Comprehensive Economic and Trade Agreement concluded between the EU and Canada in October 2016. It represents a fundamentally new approach to the resolution of investment disputes between parties in which the special system of investment courts instead of the current mechanism of «investor- to-state» dispute settlement. The new system provides a number of innovations, including the introduction of appellate court and mediation, selection of judges, among whom there will be citizens of both parties to the agreement.This new system has both advantages and disadvantages, which are primarily associated with providing investors with broader powers in this matter.Discussion and Conclusions: the use of a new mechanism of investment dispute settlement in EU agreements on free trade is substantiated; its main advantages and disadvantages are analyzed; the possibility of incorporating such systems in subsequent bilateral or multilateral trade agreements, including the Transatlantic trade and investment partnership between the EU and the USA is discussed and substantiated.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.001 | 0.003 |
| Scholarly communication | 0.005 | 0.003 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.015 | 0.003 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".