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Transatlantic Investment Treaty Protection – A Response to Poulsen, Bonnitcha and Yackee

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  • Baetens, Freya

Abstract

An investment chapter in TTIP offers an unprecedented opportunity to reform and improve the system of investment law. If the EU and the US seize this opportunity, it would set an important precedent in treaty-drafting, allowing for the incorporation of public policy objectives, thereby protecting states’ right to regulate. Ultimately, this type of concerted strategy is likely to be far stronger than the individual country strategy necessitated by the present system of over 3,000 bilateral treaties. The most important conclusion that should emerge from current discussions is that that there is a need for correct, timely and complete information for law- and policy-makers as well as the broader public, in relation to international investment law and procedures for investor-state dispute settlement (ISDS).

Suggested Citation

  • Baetens, Freya, 2015. "Transatlantic Investment Treaty Protection – A Response to Poulsen, Bonnitcha and Yackee," CEPS Papers 10297, Centre for European Policy Studies.
    • Handle: RePEc:eps:cepswp:10297
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    File URL: http://www.ceps.eu/system/files/SR103_ISDS_Baetens.pdf
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    References listed on IDEAS

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    1. Aisbett, Emma, 2007. "Bilateral Investment Treaties and Foreign Direct Investment: Correlation versus Causation," MPRA Paper 2255, University Library of Munich, Germany.
    2. Neumayer, Eric & Spess, Laura, 2005. "Do bilateral investment treaties increase foreign direct investment to developing countries?," World Development, Elsevier, vol. 33(10), pages 1567-1585, October.
    3. Matthias Busse & Jens Königer & Peter Nunnenkamp, 2010. "FDI promotion through bilateral investment treaties: more than a bit?," Review of World Economics (Weltwirtschaftliches Archiv), Springer;Institut für Weltwirtschaft (Kiel Institute for the World Economy), vol. 146(1), pages 147-177, April.
    4. Jennifer Tobin & Susan Rose-Ackerman, 2003. "Foreign Direct Investment and the Business Environment in Developing Countries: the Impact of Bilateral Investment Treaties," William Davidson Institute Working Papers Series 587, William Davidson Institute at the University of Michigan.
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    Cited by:

    1. Marta Anna GÖTZ, 2015. "Pursuing FDI policy in the EU – Member States and their policy space," Journal of Economics and Political Economy, KSP Journals, vol. 2(2), pages 290-308, June.
    2. Hugo Rojas-Romagosa, 2017. "Potential Economic Effects of TTIP for the Netherlands," De Economist, Springer, vol. 165(3), pages 271-294, September.
    3. Hugo Rojas-Romagosa, 2017. "Potential Economic Effects of TTIP for the Netherlands," De Economist, Springer, vol. 165(3), pages 271-294, September.

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