Research Paper Number
ISDS, CETA, TTIP, Germany, Ministry of Economic Affairs and Energy
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.
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.