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Article
Notes on the German Economy and Energy Ministry's Proposal for Reformed Investor-State Dispute Settlement (ISDS)
Osgoode Legal Studies Research Paper Series
Research Paper Number
19/2015
Document Type
Article
Publication Date
2015
Keywords
- ISDS, CETA, TTIP, Germany, Ministry of Economic Affairs and Energy
Disciplines
Abstract
These notes provide a general reaction to a proposal by the German economy and energy ministry for ISDS in a treaty between Europe and the U.S. Overall, the proposal takes only a minority of the steps needed to make ISDS independent, fair, open, subsidiary, and balanced. I suggest that the appropriate approach remains to reject ISDS in new treaties (especially among Western developed countries). The proposal would be a good starting point for replacing ISDS in existing treaties with developing or transition countries – but that is clearly not its purpose.
Citation Information
Gus Van Harten. "Notes on the German Economy and Energy Ministry's Proposal for Reformed Investor-State Dispute Settlement (ISDS)" (2015) Available at: http://works.bepress.com/gus_vanharten/1/
View the research paper on SSRN here.