European Investment Policy and ISDS

14 Pages Posted: 13 Feb 2015 Last revised: 30 Oct 2015

See all articles by August Reinisch

August Reinisch

University of Vienna - Section for International Law & International Relations

Lukas Stifter

University of Vienna - Section for International Law & International Relations

Date Written: November 13, 2014

Abstract

In late September 2014, the text of the EU-Canada Comprehensive Trade Agreement (CETA), which includes an ISDS chapter, has been finalized. However, it is very controversial and unclear whether and, if it all, ISDS will form part of an agreement with the United States. In late September 2014, the text of the EU-Canada Comprehensive Trade Agreement (CETA),1 which includes an ISDS chapter, was finalised. However, it is very controversial and unclear whether ISDS will form part of an agreement with the United States. The negotiations on a possible investment chapter in EU-US Transatlantic Trade and Investment Partnership (TTIP) were officially suspended because of massive public and political opposition, in particular against ISDS. All the more, it is important to look at the agreement with Canada and to see to what extent points of criticism that have been raised in the past are addressed in a sufficiently clear and satisfactory way. The following overview will, in a very selective way, analyse a few of the provisions contained in Section 6: Investor-State Dispute Settlement of the 26 September 2014 draft of the CETA. There is no claim to an exhaustive treatment.

Keywords: Investment Law, European Investment Policy, ISDS, investor-state arbitration, CETA, TTIP, Comprehensive Economic and Trade Agreement, Transatlantic Trade and Investment Partnership

Suggested Citation

Reinisch, August and Stifter, Lukas, European Investment Policy and ISDS (November 13, 2014). Available at SSRN: https://ssrn.com/abstract=2564018 or http://dx.doi.org/10.2139/ssrn.2564018

August Reinisch

University of Vienna - Section for International Law & International Relations ( email )

Schottenbastei 10-16
Vienna, 1010
Austria

Lukas Stifter (Contact Author)

University of Vienna - Section for International Law & International Relations ( email )

Schottenbastei 10-16
Vienna, Vienna 1010
Austria

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