TTIP and the Challenges of Investor-State-Arbitration: An Exercise in Comparative Foreign Relations Law
Forthcoming, Anna-Bettina Kaiser, Niels Petersen & Johannes Saurer (eds.), US Constitutional Law in the Obama Era: A Transatlantic Perspective (Routledge, 2018)
16 Pages Posted: 27 Sep 2017
Date Written: September 25, 2017
Towards the end of the Obama era, the project of a Transatlantic Trade and Investment Partnership (TTIP) raised considerable political and legal challenges both in the United States and in the European Union. This chapter addresses the political and legal challenges raised by investor-state arbitration as projected in the TTIP. This is followed by an analysis of how various concerns were processed within the constitutional and legal regimes of foreign trade law in the United States and the European Union, respectively, and how responsive constitutional doctrine on both sides of the pond is to the concerns raised. The chapter concludes that the U.S. and the EU systems allowed for specific venues of political contestation and provide for different roles of judicial review.
Keywords: comparative foreign relations law, comparative foreign trade law, TTIP, CETA, ISDS, arbitration, U.S. Supreme Court, Treaty Clause, Trade Promotion Authority, mixed agreements, rule of law, democracy, autonomy of EU law
JEL Classification: K33, K39
Suggested Citation: Suggested Citation