Ondřej Svoboda

Charles University, Prague, International Law, Faculty Member

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Currently involved in teaching public international law and international economic law at the Faculty of Law of Charles University in Prague. Main reasearch interests include international investment law, WTO law and the European Union’s trade policy.

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Marc Champagne

Kwantlen Polytechnic University

Remo Caponi

University of Cologne

Armando Marques-Guedes

UNL - New University of Lisbon

Berk Demirkol

Galatasaray University

Tim Oliver

Loughborough University in London

Carmen Gonzalez

Loyola University Chicago

Pedro Jose F. Bernardo

Ateneo de Manila University

Magdalena Bas

Universidad de la República (Uruguay)

Nicolás M Perrone

Universidad de Valparaiso

Andreas Musolff

University of East Anglia

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Papers by Ondřej Svoboda

EU Reform Agenda in Defence of the Judicialization of International Economic Law

European Foreign Affairs Review

A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, partic... more A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). A...

The End of European Naivety: Difficult Times Ahead for SCEs/SOEs Investing in the European Union?

International law and the Global South, Oct 1, 2020

UNCITRAL Working Group III and Multilateral Investment Court – Troubled Waters for EU Normative Power

European Investment Law and Arbitration Review Online, 2021

This article analyses the European Union (EU)’s and its Member States’ activities in the multilat... more This article analyses the European Union (EU)’s and its Member States’ activities in the multilateral reform of investors- state dispute settlement (ISDS) in the early stages of the United Nations Commission on International Trade Law (UNCITRAL) discussions with the ultimate goal of the establishment of a multilateral investment court. First, the article explains the EU’s approach to the reform and its ambitious proposal of a standing investment court. Then, it demonstrates how difficult it turned out to be for the EU to promote the reform proposal in multilateral negotiations at the UNCITRAL. Finally, the article explores how the EU employs several means, including internal mobilisation, or engagement of other stakeholders, in order to ensure that work of the UNCITRAL continues in a direction of systemic reform of ISDS. In conclusion, it offers a view of how the EU normative ambitions play out in the context of different approaches of third countries and how legal factors complemen...

The Influence of EU Common Investment Policy on the System of International Investment Law

1 The Influence of EU Common Investment Policy on the System of International Investment Law Abst... more 1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content...

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