The Transatlantic Trade and Investment Partnership Response to EU Questionnaire of March 2014

Abstract

These are the Answers of Professor Dalhuisen to the EU Questionnaire on the Transatlantic Trade and Investment Partnership (TTIP) and particularly on the prospective dispute resolution facility in the area of foreign investment protection. Following public criticism, the EU Commission is clearly concerned about the appropriateness of private dispute resolution (by arbitrators) in public policy areas.

The author has long been sensitive to these concerns and has asked for a better supervision of arbitrators since 2007 and for a system requiring arbitrators to ask for preliminary opinions in certain public policy areas. The answers to the Questionnaire set out and propose a clear approach in these matters and rely heavily on the distinctions made in this connection earlier in an article of Professor Guzman and the Author on "Expropriatory and Non-expropriatory Takings", also on SSRN.