European Perspective on Investor-State Dispute Settlement in CETA
Explore the historical background, present-day developments, and future implications of the Investor-State Dispute Settlement (ISDS) mechanism in the Comprehensive Economic and Trade Agreement (CETA) from a European viewpoint. Delve into key innovations, political dynamics, and potential reforms shaping the ISDS landscape in Europe.
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INVESTOR-STATE DISPUTE SETTLEMENT IN CETA A EUROPEAN PERSPECTIVE John Gaffney, Senior Associate 11 NOVEMBER / 2014
INVESTOR-STATE DISPUTE SETTLEMENT IN CETA A EUROPEAN PERSPECTIVE HISTORICAL BACKGROUND TO EUROPEAN ISDS a) Pioneering efforts of European States from 1950 s onwards b) BITS concluded with non-EU States, many of whom were capital- importing c) Virtually no intra-EU BITs until the accession of Central and Eastern European States to the EU 1
INVESTOR-STATE DISPUTE SETTLEMENT IN CETA A EUROPEAN PERSPECTIVE PRESENT DAY EUROPEAN ISDS a) Lisbon Treaty (entry into force: 2009)/2010 Commission Communication on ISDS/ EU Council s Directives for FTA Negotiations b) European pioneering efforts continue key innovations in CETA ISDS c) Recent European antipathy to ISDS Political reasons/perceived systemic flaws/high profile cases Intra-EU BITs Paradoxes 2
INVESTOR-STATE DISPUTE SETTLEMENT IN CETA A EUROPEAN PERSPECTIVE FUTURE EUROPEAN ISDS a) CETA as a blueprint for future European ISDS? b) The end of European ISDS (e.g., movement to WTO model)? c) Confidence building in ISDS? Outcomes of high-profile cases Impact of reforms Empirical research 3
