The Determination of the Respondent: a Telling silence or a Lacuna in the EU Proposal for the Establishment of an International Court System (ICS)?

Despite the political uncertainty in the US and CETA’s provisional application with the exclusion – inter alia - of provisions on investment dispute settlement, CETA, the FTAs with Singapore and Viet Nam as well as the other EU trade agreements currently being negotiated, which also cover foreign direct investment, are likely to be ratified and fully enter into force, sooner or later. Their provisions on investment dispute settlement will have to be interpreted and applied in conjunction with EU Regulation 912/2014 , which determines the financial liability and the correct respondent in claims brought by foreign investors against the EU and/or a member state under the EU new generation FTAs.