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03 June 2014
Policy Dialogue: Investor-State Dispute Settlement and TTIP Threat or opportunity?
Investor-State Dispute Settlement and TTIP
Threat or opportunity?
Rupert Schlegelmilch, Director, Services and Investment, Intellectual Property and Public Procurement, DG Trade, European Commission
David Gaukrodger, Senior Legal Adviser, OECD Investment Division
Luisa Santos, Director, International Relations, BUSINESSEUROPE
Max Grünig, Senior Fellow, Berlin Ecologic Institute
Fabian Zuleeg, Chief Executive, European Policy Centre (Moderator)
Tuesday, 3 June, 15.00-17.00
Résidence Palace, Polak Room, 155 Rue de la Loi, 1040 Brussels
The European Policy Centre (EPC) is pleased to invite you to a Policy Dialogue, on 3 June, in the framework of its TTIP project supported by the Mission of New Zealand to the EU.
International investment agreements contain provisions to protect foreign investors against discrimination, expropriation and unfair and inequitable treatment. Investor-State Dispute Settlement (ISDS) is a procedural mechanism designed to enforce this protection by enabling companies to bring a case against a country that hosts their investment before an international court. Over 3000 investment treaties worldwide contain ISDS provisions, including the EU’s Energy Charter Treaty, and cases have been increasing in recent years. One of these involves the Swedish energy company Vattenfall, currently suing Germany over its policy to phase out nuclear power. ISDS is among the issues for negotiation under the Transatlantic Trade and Investment Partnership (TTIP). The Commission - which has recognised that the current ISDS system is flawed - decided to postpone this chapter of the TTIP negotiations and launched a public consultation which will close in July. While the Commission sees TTIP as a way to improve the system, opponents to ISDS claim that it should be excluded from the agreement as it limits states’ right to regulate by enabling companies to challenge environmental, health and social regulations. At this Policy Dialogue, speakers will present the state of play with regard to ISDS mechanisms, reflect on the benefits and risks, on how the system can be improved and whether or not ISDS provisions should be incorporated into TTIP.
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