G2TT
来源类型CEPS Special Reports
规范类型报告
Transatlantic Investment Treaty Protection
Lauge Poulsen; Jonathan Bonnitcha; Jason Yackee
发表日期2015-03-12
出处EU-US Relations
出版年2015
语种英语
摘要

This paper presents an informal cost-benefit analysis of the inclusion of investment protection provisions, including investor-state arbitration, in an investment chapter in TTIP. The analysis is conducted from the perspective of the EU and its member states. It argues that there is little evidence to suggest that investor-state arbitration will provide the EU with meaningful benefits, such as increased foreign investment from the US. In contrast, investor-state arbitration may impose non-trivial costs, in the form of litigation expenses and reduced policy space. This is due to the huge volume of US investment that would be covered by the investment chapter, as well as the fact that an investment chapter would almost certainly give foreign investors greater rights than they currently enjoy under EU and member state law. We conclude that, from the perspective of the EU, the case for including investor-state arbitration in TTIP is weak. Although we do not conduct a cost-benefit analysis from the perspective of the US, such an analysis would likely raise similar issues.

Lauge Poulsen is Lecturer in International Political Economy at University College London. Jonathan Bonnitcha is a lawyer and Visiting Fellow at the Crawford School of Public Policy, Australian National University. Jason Yackee is Associate Professor of Law at the University of Wisconsin Law School. This paper is the third paper in the “TTIP in the Balance” project, jointly organised by CEPS and the Center for Transatlantic Relations (CTR) in Washington, D.C. It is published simultaneously on the CEPS  and CTR websites.

主题Regulation
URLhttps://www.ceps.eu/publications/transatlantic-investment-treaty-protection
来源智库Centre for European Policy Studies (Belgium)
资源类型智库出版物
条目标识符http://119.78.100.153/handle/2XGU8XDN/61758
推荐引用方式
GB/T 7714
Lauge Poulsen,Jonathan Bonnitcha,Jason Yackee. Transatlantic Investment Treaty Protection. 2015.
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