New research published today reveals the devastating consequences of the controversial Investor-State Dispute Settlement (ISDS) system. A common ingredient in international trade and investment agreements, ISDS creates a parallel justice system that rolls out the red carpet for corporations to sue states when they act in the public interest. Red carpet courts: 10 stories of …
Top EU court rules ISDS is incompatible with EU law
The European Court of Justice ruled today that controversial Investor-State Dispute Settlement (ISDS) clauses in the Netherlands-Slovakia bilateral investment treaty are not compatible with EU law, raising fundamental questions about the legality of other EU trade deals which include the measure. [1] While the ruling applies to intra-EU trade deals, it could have a significant …
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The Multilateral Investment Court Locking in ISDS
Ten reasons why the EU’s proposal for a Multilateral Investment Court doesn’t fix a fundamentally flawed system The European Commission is planning to establish a so-called Multilateral Investment Court (MIC), a new international court where corporations can sue governments for laws and regulations that harm their profits. The court is supposed to replace the controversial …
ISDS at a dangerous crossroads
S2B position on the European Commission proposal for a multilateral investor-state dispute settlement (ISDS) mechanism Globalisation is at a dangerous crossroads. One path leads to stronger protection for human rights and the environment and to regained policy-space for governments to address climate change, inequality and other pressing issues of our times. The other leads to …
Legal briefing: ISDS under EU law
This short briefing explains why the Investor-State Dispute Settlement (ISDS) and the newly proposed Investment Court System (ICS) might not be legal under EU law. It outlines the threats of investment dispute settlement to the autonomy of the EU legal order, undermining the power of EU courts, and to the functioning of the EU’s internal …
Six reasons to scrap EU-wide “super-ISDS”
Last week, several European newspapers published revelations about a proposal to roll out highly controversial corporate tribunals across Europe. [1] Five EU member states – Austria, Finland, France, Germany and the Netherlands – are pushing for corporate super-rights in Europe behind the scenes, despite the same German, French and Austrian governments having previously publicly criticised …