Showing papers by "Filippo Fontanelli published in 2017"

Jurisdiction and Admissibility in Investment Arbitration. A View from the Bridge at the Practice

Abstract: The jurisdiction of international courts and tribunals and the admissibility of inter-State claims under international law are central to international adjudication, operating as a gateway to the litigation on the merits – the end goal of the proceedings. Still, these concepts remain inherently under-defined, and can be shaped in multiple ways to formulate preliminary objections in international litigation in general. International investor-State arbitration adds specific aspects and complexities to the issue. This introductory contribution accounts for the theoretical deficiencies underpinning the notions of jurisdiction and admissibility, with a special focus on international investment arbitration, and introduces the selected case-studies which form the subject-matter of the articles in this Special Issue. The recent Urbaser award is also used as an example of the unexplored potential of novel – and critical – legal argumentation relating to the jurisdiction of investment tribunals.

The Charter of Fundamental Rights and the Reach of Free Movement Law

Abstract: This chapter discusses two underrated and connected aspects that determine the applicability of the Charter in the area of the market freedoms First, the Charter can be a decisive standard of review for domestic measures only when they are covered by EU law but are not precluded by it In this respect, the distinction between non-preclusion and non-application of EU law is overlooked in the case law and in the scholarship Second, because the applications of EU law and the Charter are aligned, the latter suffers from the uncertainties of the former This chapter concludes that the entry into force of the Charter has exposed the blurred contours of the application of EU law, in particular in the area of the market freedoms