INVESTOR-STATE DISPUTE SETTLEMENT IN CETA – A EUROPEAN PERSPECTIVE

John Gaffney, Senior Associate

11 NOVEMBER / 2014

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INVESTOR-STATE DISPUTE SETTLEMENT IN CETA – A EUROPEAN PERSPECTIVE

• HISTORICAL BACKGROUND TO EUROPEAN ISDS

a) Pioneering efforts of European States from 1950’s onwards

b) BITS concluded with non-EU States, many of whom were capital-importing

c) Virtually no intra-EU BITs until the accession of Central and Eastern European States to the EU

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INVESTOR-STATE DISPUTE SETTLEMENT IN CETA – A EUROPEAN PERSPECTIVE

• PRESENT DAY EUROPEAN ISDS

a) Lisbon Treaty (entry into force: 2009)/2010 Commission Communication on ISDS/ EU Council’s Directives for FTA Negotiations

b) European pioneering efforts continue – key innovations in CETA ISDS

c) Recent European antipathy to ISDS

• Political reasons/perceived systemic flaws/high profile cases

• Intra-EU BITs

• Paradoxes

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INVESTOR-STATE DISPUTE SETTLEMENT IN CETA – A EUROPEAN PERSPECTIVE

• FUTURE EUROPEAN ISDS

a) CETA as a blueprint for future European ISDS?

b) The end of European ISDS (e.g., movement to WTO model)?

c) Confidence building in ISDS?

• Outcomes of high-profile cases

• Impact of reforms

• Empirical research

THANK YOU !