Comments on the European Commission’s Approach to Investor-State Arbitration in TTIP and CETA

57 Pages Posted: 16 Jul 2014 Last revised: 12 Nov 2014

See all articles by Gus Van Harten

Gus Van Harten

York University - Osgoode Hall Law School

Multiple version iconThere are 2 versions of this paper

Date Written: July 3, 2014

Abstract

The paper provides a detailed response to the European Commission's proposed approach to investor-state arbitration in the Transatlantic Trade and Investment Partnership (TTIP). It offers a general response followed by detailed replies to substantive and procedural questions posed by the Commission. Overall, it characterizes the Commission's proposed approach in the TTIP and in the Canada-EU Comprehensive Economic and Trade Agreement (CETA) as having taken positive steps to address the lack of openness in investor-state arbitration but as having failed to address the lack of judicial independence, lack of procedural fairness, and lack of balance in the allocation of rights and responsibilities in investor-state arbitration.

Keywords: European Commission, TTIP, CETA, investment, investor, arbitration

Suggested Citation

Van Harten, Gus, Comments on the European Commission’s Approach to Investor-State Arbitration in TTIP and CETA (July 3, 2014). Osgoode Legal Studies Research Paper No. 59/2014. Available at SSRN: https://ssrn.com/abstract=2466688 or http://dx.doi.org/10.2139/ssrn.2466688

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
416 650 8419 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
859
rank
20,145
Abstract Views
3,502
PlumX Metrics