The Investor-State Dispute Settlement (ISDS) provisions in the Transatlantic Trade and Investment Partnership (TTIP) have recently become a major political stumbling stone. What can be learned from the resistance in terms of legal compatibility with EU law and domestic law – and of political acceptability?
Among other things, this discussion at the London School of Economics and Political Science recorded on February 12 considers the legal arguments forwarded by the European Commission to justify the inclusion of ISDS in the current negotiations with the U.S. on the TTIP and whether ISDS would be necessary to overcome legal obstacles to ensure that U.S. courts give effect to the substantive investor protection provisions of TTIP.
Jan Kleinheisterkamp is Associate Professor at LSE Law and teaches International Arbitration, Contracts, and Investment Treaty Law. Much of his recent research has focused on the interaction between investment treaty law and EU law and influenced the work of the European Parliament on this subject. Martti Koskenniemi is Professor of International Law at the University of Helsinki and Centennial Professor at LSE. Shawn Donnan is World Trade Editor at the Financial Times.