January 6, 2015
This article is an attempt to on the one hand understand the root causes of the ISDS controversy and, on the other hand, to spell out a set of possible compromises over this sensitive issue. Hanging in the balance is CETA, the new generation treaty between the EU and Canada, then perhaps TTIP and the future of trans-Atlantic relations beyond trade.
ISDS stands for ‘Investor-State Dispute Settlement’ and is an international law instrument allowing an investor to sue the state hosting its investment if it believes the latter has treated it unfairly. The ISDS discussion became particularly heated when Philip Morris decided to sue the Australian government over its new rules on ‘plain tobacco packaging’ inter alia forbidding the use of all company logos or symbols that may make cigarette packets more visually attractive. The colour of packets was pre-defined to be unattractive for consumers, and ‘graphic health warnings’ must now […]