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Investment protection in TTIP: three feasible proposals

Kleinheisterkamp, Jan ORCID: 0000-0003-4037-8860 and Skovgaard Poulsen, Lauge N. (2016) Investment protection in TTIP: three feasible proposals. In: Bungenberg, Marc, Herrmann, Christoph, Krajewski, Markus and Terhechte, Jörg Philipp, (eds.) European Yearbook of International Economic Law 2016. European Yearbook of International Economic Law. Springer International (Firm), Switzerland, pp. 527-541. ISBN 9783319292144

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Identification Number: 10.1007/978-3-319-29215-1_23


Investor-state dispute settlement (ISDS) through international arbitration has become a major stumbling block in negotiations of the Transatlantic Trade and Investment Partnership (TTIP). Despite a number of efforts to fix shortcomings of the existing system especially by the European Commission, many stakeholders still are unconvinced that these incremental adaptations are sufficient to safeguard policy space in Europe. Right or wrong, there is little political appetite to include similar provisions into TTIP. At the time of writing, Washington also showed little appetite for a transatlantic or even multilateral investment court. In order to avoid losing support for the agreement as a whole, the parties now need to think about alternatives. This brief article proposes three solutions, which could be politically acceptable while at the same time offering meaningful investment protections. Our proposals are intended as a concise but constructive input to the increasingly divisive political debates, which are detracting attention from the broader economic and geopolitical benefits of a transatlantic trade agreement.

Item Type: Book Section
Official URL:
Additional Information: © 2016 Springer International Publishing Switzerland
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 07 Sep 2016 12:02
Last Modified: 06 Jul 2024 21:51

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