Reports 2014

ISDS and TTIP - Must-have or deal breaker?

20 November 2014

Ever since the negotiations started last year, the discussion on the Transatlantic Trade and Investment Partnership (TTIP) has attracted a lot of attention. The ongoing negotiations are being closely followed by the broader public, more so than any other negotiations on previous free trade agreements. The possible inclusion of ISDS (Investor-to-State Dispute Settlement) especially has become the subject of heated debate. While those who are in support of the inclusion of ISDS in TTIP argue that it protects investors and is a tool to enforce provisions in international trade and investment agreements, others fear that it could create loopholes for big corporations to start deregulating and lowering standards, shifting the power balance between business actors and undermining the state’s authority to legislate in the public’s interest. Will ISDS be included in the TTIP agreement? And if so, in what way? Can the US and the EU even come to an agreement that doesn’t include ISDS?