ECIPE Lunch Seminar: ISDS and Schizophrenia in the EU about International Law

As Investor-State Dispute Settlement (ISDS) has become a hot political issue in Europe, some governments and members of the European Parliament are advocating a new approach whereby investors could invoke protection standards in an international treaty before national courts but would not have access to arbitrational tribunals. They argue that such an approach offers sufficient protection to investors operating in “high-standard” judicial systems, such as the EU and the US. In support of this approach they also make a principled argument against exposing EU and member states’ policy to international arbitration. However, how do such views stand up to the reality of investment-protection agreements and the history in Europe of courts denying access to private claims based on international treaty obligations?