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

See all articles by Gus Van Harten

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: May 6, 2015

Abstract

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

Suggested Citation

Van Harten, Gus, Notes on the German Economy and Energy Ministry's Proposal for Reformed Investor-State Dispute Settlement (ISDS) (May 6, 2015). Osgoode Legal Studies Research Paper No. 19/2015, Available at SSRN: https://ssrn.com/abstract=2602773 or http://dx.doi.org/10.2139/ssrn.2602773

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

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