Notes on the German Economy and Energy Ministry's Proposal for Reformed Investor-State Dispute Settlement (ISDS)
10 Pages Posted: 9 May 2015 Last revised: 14 Mar 2018
Date Written: May 6, 2015
These notes provide a general reaction to a proposal by the German economy and energy ministry for ISDS in a treaty between Europe and the U.S. Overall, the proposal takes only a minority of the steps needed to make ISDS independent, fair, open, subsidiary, and balanced. I suggest that the appropriate approach remains to reject ISDS in new treaties (especially among Western developed countries). The proposal would be a good starting point for replacing ISDS in existing treaties with developing or transition countries – but that is clearly not its purpose.
Keywords: ISDS, CETA, TTIP, Germany, Ministry of Economic Affairs and Energy
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