ECIPE Roundtable: Realpolitik in ISDS Reform: Will the Commission’s Proposal get us Anywhere?
Prof Hindelang will give the presentation on the core pillars of the EU Commission's new proposal on ISDS followed by discussion.
While the Commission’s approach in CETA and Singapore FTA was rather hesitant when it came to reforming the heavily criticized international investment law regime, its new proposal of an international investment court system for TTIP appears somewhat over-eager. Not only that America’s appetite for just another international institution has hardly increased. The project appears to be more of a long term vision, at best. What is, however, desperately needed is a proposal for effective investment protection which has not only a realistic chance of realization, but also remedies the shortfalls of the current regime. Ideally, it can flexibly be adjusted to the different potential EU treaty partners, like China. Such proposal would in particular include a combination of arbitral tribunals and a standing appellate mechanism and rules facilitating access to justice by small and medium sized enterprises.
Steffen Hindelang is Associate Professor at the Department of Law of Freie Universität Berlin where he teaches and researches in the areas of international economic law, esp. international investment law, EU law and German public law. He is also a Senior Fellow of the Walter Hallstein Institute of European Constitutional Law at Humboldt-Universität zu Berlin and academic advisor to the International Investment Law Centre Cologne (IILCC). He was guest professor at Bocconi University Milan, the University of Lausanne, and the Charles University Prague. He advised, inter alia, European governments in international investment disputes and on matters of reform of the current international investment law regime. Recently, he was invited by the European Parliament’s INTA Committee to prepare a comparative study on investment chapters in EU agreements.