Suing the State – Hidden rules within the EU-US trade deal

The financial crisis and its subsequent spread in European economies has sparked an interest in investment litigations and arbitrations. Foreign investors are utilising every means available in resisting regulatory measures that affect them detrimentally, hoping that dispute resolution can either offset the loss, or offer political leverage in an environment where policy makers are focused on domestic priorities. Examples of this rush to tribunals include actions in investment treaty arbitration against Greece for losses caused by the 2012 debt restructure, actions against Cyprus stemming from the bailout of the island’s banking sector and actions against Spain for significant changes in incentive structures for clean energy. Negotiations on TTIP risk bringing the risks of regulatory capture to the whole of the EU. See the linked documentary from TNI/CEO for an introduction to the issues. My contribution is towards the end of the video.

 

@iGlinavos

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