Many countries have become wary of the system and are restructuring or terminating their investment agreements. This is the ambience in which the Court of Justice will decide whether the CETA is compatible with EU law.
The Czech-based company Petrolama Namur Oil Sands Exploration filed a notice of dispute against Canada on March 29 over the delay in completing the expansion of the Trans Mountain pipeline.
ISDS lawyers appear to hold administrative positions within the working group and are represented in large numbers in the advisory bodies that have been established for the working group.
Advocates of ISDS (industrialised countries and lawyers from the ‘arbitration industry’) dominate the running of the Working Group and its advisory bodies. Civil society is underrepresented.
The Global Campaign to Reclaim Peoples´ Sovereignty, Dismantle Corporate Power and End Impunity regrets the ruling of the Supreme Court of Canada regarding the case of Chevron in the Ecuadorian Amazon.
The principle that adjudicators must be independent and impartial is at the core of any adjudicatory mechanism. It plays an important role in Investor-State arbitration, where arbitrators typically sit for a short amount of time and are not career judges.
We wish to express our overarching concerns that international investment agreements and their ISDS mechanism have often proved to be incompatible with international human rights law and the rule of law.
Investor-State dispute settlement continues to be controversial, spurring debate in the investment and development community and the public at large. States are responding to challenges and concerns surrounding ISDS through different avenues.