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Osgoode Legal Studies Research Paper Series

2015

ISDS, European Commission, reform, TTIP, CETA

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A Parade Of Reforms: The European Commission's Latest Proposal For Isds, Gus Van Harten Jan 2015

A Parade Of Reforms: The European Commission's Latest Proposal For Isds, Gus Van Harten

Osgoode Legal Studies Research Paper Series

The European Commission's most recent proposal for ISDS reflects a move away from essentially fake reforms to something potentially more meaningful. However, it is insufficient to satisfy the criteria of independence, fairness, openness, subsidiarity, and balance and does not appear reliable until backed by clear language and a negotiating red line for the proposed Canada-Europe CETA and any other agreement providing for ISDS.