TURNING ENEMIES INTO ADVERSARIES TTIP Negotiations and

the Quest for a New Westphalia Momentum

THE PAST IS PROLOGUE …

A ‘BIT’ OF HISTORY: INVESTMENT LAW THROUGH THE AGES (1/4)

A ‘BIT’ OF HISTORY: INVESTMENT LAW THROUGH THE AGES (2/4)

A ‘BIT’ OF HISTORY: INVESTMENT LAW THROUGH THE AGES (3/4)

A ‘BIT’ OF HISTORY: INVESTMENT LAW THROUGH THE AGES (4/4)

THE TTIP MOMENT: TO ISDS OR NOT TO ISDS? (1/2)

THE TTIP MOMENT: TO ISDS OR NOT TO ISDS? (2/2)

ELEMENTS OF CLASSICAL ISDS: THE PATH TO SUCCESS

ISDS ISSUES TO BE ADDRESSED BY THE EC

ISDS REFORMATION IN THE VISION OF THE EUROPEAN COMMISSION

Security of tenure

A set salary

Objective method of assignment

Prohibition on outside lawyering

Judicial procedure to solve conflict of interest claims

FIRST CLASH: HUNGARIAN PPA CASES (I)

FIRST CLASH: HUNGARIAN PPA CASES (I)

THE PARALLEL UNIVERSE OF EU LAW

UNITED IN DIVERSITY

Paul Schiff Berman 2013

FIRST CLASH: HUNGARIAN PPA CASES (II)

HYBRID JUSTICE

CONCLUSIONS: AFTER THE DELUGE?

CONCLUSIONS: AFTER THE DELUGE?

CONCLUSIONS: AFTER THE DELUGE?

EPILOGUE The conflicting nomoi in our essay may be

represented as two tectonic plates moving away from each over.

The point of departure is described by the term “divergent boundary”.

In nature as in law, divergence may stimulate the creation of new material.

Avoid the dilemma of choosing between automatic subordination and insistence on jurispathic autonomy!

Allow divergence to function as a catalyst of jurisgenesis!