India has written to 47 countries to nullify the existing bilateral investment agreements and ink fresh treaties that will make it mandatory for foreign investors to exhaust local judicial remedies before seeking arbitration.
The tribunal considered that the main and determinative reason for the 2011 restructuring was in order for the tobacco giant to bring a legal claim under the BIT Treaty, using a Hong Kong-based entity.
The proposal would fundamentally undermine the EU’s internal market provisions and the role of the courts of the Member States and the European Court of Justice in safeguarding their operation.
The Philippines has a web of investment treaties which severely constrain the government’s ability to regulate or close polluting mines, a legal straitjacket that will become even tighter if the EU–Philippines Free Trade Agreement and the Regional Comprehensive Economic Partnership (RCEP) proceed
Philippine trade negotiators meet their DG Trade counterparts for a first round of trade talks, five months after they were announced, but nobody expects a cakewalk.
Canada and the European Union released a revised Comprehensive Economic and Trade Agreement (CETA) in February 2016. The revisions focus on the controversial and deeply flawed process of investor-state dispute settlement (ISDS).