ARTICLE
The Transatlantic Trade and Investment Partnership:
Dispute Settlement Mechanism
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Northeastern Illinois University
Publication date: 2015-03-31
Stosunki Międzynarodowe – International Relations 2015;51(1):153-162
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ABSTRACT
The European Union and the United States are negotiating the Transatlantic Trade
and Investment Partnership (TTIP). Included in TTIP is the Investor State Dispute
Settlement (ISDS) mechanism, which has caused significant public opposition,
especially in Europe, to the trade deal. The fear among the opponents of ISDS is
that investor protection will undermine the ability of the state to regulate public
policy in the public interest. Specifically, the opponents fear that ISDS will reduce
health and safety regulations, environmental protection, climate change policies,
and even financial regulation to the lowest common (transatlantic) denominator.
This article assesses whether ISDS can be sufficiently reformed to alleviate most of
the public concerns, or whether it should be crossed out from the TTIP negotiation
mandate. The article concludes that ISDS is so widely used in treaties signed by
the European Union and its Member States, and by the United States, that it is
unlikely that it will be crossed out from the final TTIP deal. However, significant
improvements are needed to the ISDS mechanism and the arbitration process because
without these additional safeguards for states and citizens it is unlikely that the
European Parliament and the European Union Member States will approve TTIP.