The European Commission intends to announce in mid October its plans to revise the deal in order to add the missing investment protection chapter to it.
Trans-Pacific Partnership (TPP) countries have agreed on language that will allow members to exclude tobacco control measures from the scope of investor-state dispute settlement.
The new exception validates, rather than assuages, the concerns of those who have been criticizing ISDS systems for many years. Without express carve outs, ISDS provisions do threaten common health and safety regulations.
Foreign direct investment (FDI) is one of the most ambiguous and the least understood concepts in international economics. Common debate on FDI is confounded by several myths regarding its nature and impact.
Governments will be allowed to block tobacco companies from suing over anti-smoking measures under a US proposal being considered by Pacific trading partners as part of Trans-Pacific Partnership trade deal.
There is an obvious need at the investors’ side for a mechanism making it possible to prevent the threatened violation of their investment. It is fair to say that where the violation of the investment is still only potential, notifying the dispute should be the primary tool for investment protection.