Investor-State Dispute Settlement Provisions in 'New Generation' Free Trade and Investment Agreements

The Transatlantic Trade and Investment Partnership (TTIP) is a controversial subject, but at the same time it is perceived to be the most comprehensive international agreement on free trade and investment protection. Among the topics that evoke criticism on the part of different social groups is the investor‑state dispute‑settlement (ISDS), as well as its legal consequences for the EU Member states. A less discussed issue is the potential implications of the agreement on the state of economic co‑operation between the European Union and the USA in the field of investment flows, with special reference to foreign direct investment (FDI). The aim of this paper is to present the discussion related to the ISDS and examine some of the economic, political and legal implications of TTIP provisions for FDI flows between the EU and the USA. The proposals of the European Commission to change the investment protection system might be treated as an attempt to make the system of arbitrage more transparent and convincing to societies, and safer for states. The effects of the TTIP agreement for FDI between both partners might be dependent on the scale of trade creation and diversion effects, and the mirror effects of investment creation and diversion under a free trade area.

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Trade and Investment Agreements and the Global Politics of Health

The Oxford Handbook of Global Health Politics ◽

10.1093/oxfordhb/9780190456818.013.25 ◽

2018 ◽

pp. 425-444

Author(s):

Chris Holden ◽

Benjamin Hawkins

Keyword(s):

World Trade ◽

Dispute Settlement ◽

The United States ◽

Global Politics ◽

Political Actors ◽

Political Processes ◽

Regulatory Cooperation ◽

The World ◽

Investment Agreements ◽

Trade And Investment

This chapter examines the politics of trade and investment agreements and how they interact with the politics of health at the global and domestic levels. The chapter first examines the operation of the World Trade Organization (WTO) and its implications for health, illustrating this with a WTO dispute between Indonesia and the United States involving the latter’s ban on flavoured cigarettes. It then examines aspects of the ‘next generation’ of trade and investment agreements that have particular implications for health policy, notably investor-state dispute settlement and regulatory cooperation. The analytical focus of this chapter is on political processes and political actors at the global and domestic levels that interact to produce trade policy and its impacts on health.

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Legitimacy challenges of trade and investment agreements from a developing country’s perspective

Courier of the Kutafin Moscow State Law University ◽

10.17803/2311-5998.2020.66.2.095-108 ◽

2020 ◽

pp. 95-108

Author(s):

E. Ovuko-Opuco

Keyword(s):

Developing Countries ◽

Government Regulation ◽

Dispute Settlement ◽

International Investment ◽

Regional Level ◽

African Continent ◽

Regulatory Bodies ◽

Investment Agreements ◽

Trade And Investment ◽

Dispute Settlement Mechanisms

The article is devoted to the problems of government regulation and supremacy of law as well as situation of international investment regime in developing countries. The author explores problems of investment treaties and compares existing ways to protect investments on regional level in diﬀerent countries. There is detailed overview of investor-state dispute settlement mechanisms. The issues are presented from the perspective of developing countries, in particular the African continent. The general conclusion is that for eﬃciency development of infrastructure by enhancing industries investments it is necessary to increase regional regulation as well as regionalization of regulatory bodies and agencies.

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Procedural Innovations Related to Sustainable Development

10.1093/oso/9780198831341.003.0018 ◽

2021 ◽

pp. 248-264

Author(s):

Marie-Claire Cordonier Segger

Keyword(s):

Sustainable Development ◽

Social Development ◽

Public Participation ◽

Policy Making ◽

Dispute Settlement ◽

Investment Policy ◽

Participation Mechanisms ◽

Investment Agreements ◽

Trade And Investment ◽

The Way

Research undertaken for the volume found that changes in the way that trade and investment agreements are negotiated, as well as sustainable development-related innovations contained in the procedural rules of the trade and investment treaties, from an interactional view, have implications for the way the treaty texts integrate for sustainable development. This chapter discusses four procedural innovations which are being used by Parties to identify potential environmental and sustainability impacts, and to consider innovative measures for inclusion in their trade and investment agreements. First, it considers impact assessments of trade and investment liberalization policies and draft treaties, focusing on the origins and scope of impact assessment processes, their mandates and methodologies, their role in integrating social and environmental issues into economic trade policy and how they could be improved. Second, it considers consultations between economic, environmental and social development authorities as a mechanism to secure more integrated and coherent trade and investment policy-making. Third, the chapter discusses transparency and public participation mechanisms, in agreement negotiations and the agreements themselves. Finally, it explores innovative dispute settlement provisions.

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