SSRN | 6 May 2015

A parade of reforms: The European Commission’s latest proposal for ISDS

Gus Van Harten
York University - Osgoode Hall Law School

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 it not reliable until backed by clear language and a negotiating red line for the proposed Canada-Europe CETA and any other agreement providing for ISDS.

Full paper: