The EU and Mexico will kick off its first negotiation round for overhauling their bilateral trade agreement, talks that will include the EU’s new Investment Court System (ICS).
India has written to 47 countries to nullify the existing bilateral investment agreements and ink fresh treaties that will make it mandatory for foreign investors to exhaust local judicial remedies before seeking arbitration.
Results from an IISD expert meeting held in Montreux, Switzerland, May 23–24, 2016.
The new bilateral investment treaty’s gratuitous focus on local courts and taxation may not please our partners.
Philippine trade negotiators meet their DG Trade counterparts for a first round of trade talks, five months after they were announced, but nobody expects a cakewalk.
Canada and the European Union released a revised Comprehensive Economic and Trade Agreement (CETA) in February 2016. The revisions focus on the controversial and deeply flawed process of investor-state dispute settlement (ISDS).
The objective of the Observatory is to become a forum for the objective settlement of investment disputes with transnational corporations.
Bilateral investment treaties have been a source of political controversy in recent years. This is clear from the alarming increase in the number of disputes between investors and governments.
Does the agreement reflect 21st century needs and standards?
The legality of investor–state dispute settlement (ISDS), including in the form of an Investment Court System (ICS), in EU trade agreements under EU law is a contentious issue among academics and legal experts.
This is one of the problems with this regime of investor rights. It confers enormous discretion on an elite corps of lawyers.
Corporations can still sue governments over public policy decisions they don’t like but the real lesson from the ISDS reforms, in fact, is that public opposition and political mobilization can change things.
Despite all the talk of reform from commissioner Malmstroem, the threat to democratic decision-making is as alive and dangerous as ever.
The European Commission and the Canadian Government have agreed to include a new approach on investment protection and investment dispute settlement in CETA.
The European Commission has proposed a new ’Investment Court System’ to replace the current investor to state dispute settlement mechanism (ISDS) in the Transatlantic Trade and Investment Partnership (TTIP) and other future investment deals.
Canada’s government has officially re-opened negotiations with India over a bilateral investment treaty the two sides nearly agreed upon almost a decade ago.
Bolivia’s experience has shown that attracting foreign investment does not by itself generate the expected development for host states and that, rather, it consists in a mechanism for financing and transferring resources from the South to the North.
The UNGPs set out a three-pillar framework: the state duty to protect human rights, the corporate responsibility to respect human rights, and access to remedy for victims of business-related abuses.
The revised model text for bilateral investment treaties has addressed many concerns, but to avoid litigations, India must renegotiate existing treaties on the basis of the new norms.
The German Magistrates Association rejects the proposal of the European Commission to establish an investment court within the framework of the Transatlantic Trade and Investment Partnership.