Research Paper Number

19/2015

Notes on the German Economy and Energy Ministry's Proposal for Reformed Investor-State Dispute Settlement (ISDS)

Authors

Gus Van Harten, Osgoode Hall Law School of York UniversityFollow

View the research paper on SSRN here.

Document Type

Article

Publication Date

2015

Keywords

ISDS, CETA, TTIP, Germany, Ministry of Economic Affairs and Energy

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.

Recommended Citation

Van Harten, Gus, "Notes on the German Economy and Energy Ministry's Proposal for Reformed Investor-State Dispute Settlement (ISDS)" (2015). Osgoode Legal Studies Research Paper Series. 100.
https://digitalcommons.osgoode.yorku.ca/olsrps/100