By Axel Berger and Clara Brandi Bonn, 08.07.2013. Today marks the beginning of the Transatlantic Trade and Investment Partnership (TTIP). The delegations of the European Union and the United States are meeting in Washington for the first round of negotiations. In view of the extensive spying the US secret services have been conducting on the […]

It is a commonplace by now to say that the global investment treaty system is at a crossroads. On the one hand, a number of countries are opting out by terminating bilateral investment treaties (BITs), withdrawing from the International Centre for Settlement of Investment Disputes or by negotiating investment treaties without controversial investor-state dispute settlement […]

The “Directives for the negotiation on the Transatlantic Trade and Investment Partnership” (TTIP), adopted by the Council of the European Union, on 14 June 2013, has been leaked this week. Para 22 and 23 deal with investment. Not surprisingly, the EU wants to negotiate rules for the protection and liberalisation of investment rules as part […]

Ana Palacio, former Spanish foreign minister and former Secretary General of the International Centre for Settlement of Investment Disputes (ICSID), recently wrote a Project Syndicate op-ed on “How to Boost Foreign Investment” that inspired, well provoked, me to write this response. Ms. Palacio argues that we can observe two diverging trends: on the one hand, […]

On 19 September 2012 the state-controlled Chinese insurance company Ping An filed a claim against Belgium before an international court of arbitration. This move followed the nationalisation of the Fortis financial group by the governments of Belgium, Luxembourg and the Netherlands in 2008 in the wake of the global financial crisis. In 2007 Ping An, […]

We currently observe a renaissance of the debate about a multilateral investment agreement (MIA). The last attempts to establish such an agreement failed in 1998 at the Organisation for Economic Co-operation and Development (OECD) and in 2003, as part of the Doha Development Agenda of the World Trade Organization (WTO). Proponents argue that –          the […]

There has been much talk recently about so-called “high-standard” trade and investment agreements such as the Trans-Pacific Partnership or the Transatlantic Trade and Investment Agreement and their impact on global rule-making. The investment chapters of these agreements will most likely combine traditional “BIT-like” (BIT – Bilateral Investment Treaty) provisions that apply to the post-establishment phase […]