Yesterday, 12 November, the EU formally presented its proposed language for the Investment Chapter of the TTIP to the US. As discussed in our earlier blog piece here, the EU is suggesting an "Investment Court System" to resolve disputes between investors and states under the TTIP.
The 12 November text is very similar to that seen in the previous draft, with a number of small changes. These changes include (but are not limited to):
In the past week the Indian Government has issued a draft model BIT for comment and Wikileaks as leaked a 20 January draft of the Investment Chapter of the Trans-Pacific Partnership.
There is considerable on-going public debate surrounding the right of states to regulate, the extent of the protections offered to investors and the availability and format of ISDS. The past week has provided a fascinating opportunity to compare how this debate is affecting different states in terms of the drafting and negotiation of trade and investment protection treaties.
We have analysed both the TPP and India model BIT texts in the context of this debate on our Public International Law blog. For regular updates on investor-state dispute resolution and other public international law issues, please do subscribe.