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A Parade of Reforms: The European Commission's Latest Proposal for ISDS

17 Pages Posted: 8 May 2015 Last revised: 26 Aug 2015

Gus Van Harten

York University - Osgoode Hall Law School

Date Written: May 6, 2015

Abstract

The European Commission's most recent proposal for ISDS reflects a move away from essentially fake reforms to something potentially more meaningful. However, it is insufficient to satisfy the criteria of independence, fairness, openness, subsidiarity, and balance and does not appear reliable until backed by clear language and a negotiating red line for the proposed Canada-Europe CETA and any other agreement providing for ISDS.

Keywords: ISDS, European Commission, reform, TTIP, CETA

Suggested Citation

Van Harten, Gus, A Parade of Reforms: The European Commission's Latest Proposal for ISDS (May 6, 2015). Osgoode Legal Studies Research Paper No. 21/2015. Available at SSRN: https://ssrn.com/abstract=2603077 or http://dx.doi.org/10.2139/ssrn.2603077

Gus Van Harten (Contact Author)

York University - Osgoode Hall Law School ( email )

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

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