IDEAS home Printed from https://ideas.repec.org/p/eps/cepswp/10295.html
   My bibliography  Save this paper

Transatlantic Investment Treaty Protection

Author

Listed:
  • Poulsen, Lauge
  • Bonnitcha, Jonathan
  • Yackee, Jason

Abstract

This paper presents an informal cost-benefit analysis of the inclusion of investment protection provisions, including investor-state arbitration, in an investment chapter in TTIP. The analysis is conducted from the perspective of the EU and its member states. It argues that there is little evidence to suggest that investor-state arbitration will provide the EU with meaningful benefits, such as increased foreign investment from the US. In contrast, investor-state arbitration may impose non-trivial costs, in the form of litigation expenses and reduced policy space. This is due to the huge volume of US investment that would be covered by the investment chapter, as well as the fact that an investment chapter would almost certainly give foreign investors greater rights than they currently enjoy under EU and member state law. We conclude that, from the perspective of the EU, the case for including investor-state arbitration in TTIP is weak. Although we do not conduct a cost-benefit analysis from the perspective of the US, such an analysis would likely raise similar issues.

Suggested Citation

  • Poulsen, Lauge & Bonnitcha, Jonathan & Yackee, Jason, 2015. "Transatlantic Investment Treaty Protection," CEPS Papers 10295, Centre for European Policy Studies.
    • Handle: RePEc:eps:cepswp:10295
    as

    Download full text from publisher

    File URL: http://www.ceps.eu/system/files/SR102_ISDS.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Bonnitcha,Jonathan, 2014. "Substantive Protection under Investment Treaties," Cambridge Books, Cambridge University Press, number 9781107042414, November.
    2. Kevin P. Gallagher & Elen Shrestha, 2011. "Investment Treaty Arbitration and Developing Countries: A Re-Appraisal," GDAE Working Papers 11-01, GDAE, Tufts University.
    3. Gallagher, Kevin P. & Shrestha, Elen, 2011. "Investment Treaty Arbitration and Developing Countries: A Re-Appraisal," Working Papers 179093, Tufts University, Global Development and Environment Institute.
    4. Clint Peinhardt & Todd Allee, 2012. "Failure to Deliver: The Investment Effects of US Preferential Economic Agreements," The World Economy, Wiley Blackwell, vol. 35(6), pages 757-783, June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    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. Jan Stráský, 2016. "Priorities for completing the European Union's Single Market," OECD Economics Department Working Papers 1315, OECD Publishing.
    4. Kohler, Wilhelm & Stähler, Frank, 2019. "The economics of investor protection: ISDS versus national treatment," Journal of International Economics, Elsevier, vol. 121(C).
    5. Hugo Rojas-Romagosa, 2017. "Potential Economic Effects of TTIP for the Netherlands," De Economist, Springer, vol. 165(3), pages 271-294, September.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Milligan, Ben & O'Keeffe, Michelle, 2019. "Global Governance of Resources and Implications for Resource Efficiency in Europe," Ecological Economics, Elsevier, vol. 155(C), pages 46-58.
    2. Syahrir Ika & Sigit Setiawan, 2018. "Investor-State Dispute Settlement and Indonesian Reform Policy in Mining Downstream Sector," Journal of Economics and Behavioral Studies, AMH International, vol. 10(4), pages 185-196.
    3. Julian Donaubauer & Eric Neumayer & Peter Nunnenkamp, 2018. "Winning or losing in investor‐to‐state dispute resolution: The role of arbitrator bias and experience," Review of International Economics, Wiley Blackwell, vol. 26(4), pages 892-916, September.
    4. Sigit Setiawan, 2018. "Negative List in Services Liberalization for ASEAN Developing Countries," International Journal of Economics and Financial Issues, Econjournals, vol. 8(5), pages 11-20.
    5. Josef C. Brada & Zdenek Drabek & Ichiro Iwasaki, 2021. "Does Investor Protection Increase Foreign Direct Investment? A Meta‐Analysis," Journal of Economic Surveys, Wiley Blackwell, vol. 35(1), pages 34-70, February.
    6. Timm Betz & Amy Pond & Weiwen Yin, 2021. "Investment agreements and the fragmentation of firms across countries," The Review of International Organizations, Springer, vol. 16(4), pages 755-791, October.
    7. Trey Billing & Andrew D. Lugg, 2019. "Conflicted Capital: The Effect of Civil Conflict on Patterns of BIT Signing," Journal of Conflict Resolution, Peace Science Society (International), vol. 63(2), pages 373-404, February.
    8. Soo Yeon Kim, 2021. "Investment commitments in PTAs and MNCS in partner countries," Economics and Politics, Wiley Blackwell, vol. 33(3), pages 415-442, November.
    9. Tarald Laudal Berge, 2018. "Jonathan Bonnitcha, Lauge N. Skovgaard Poulsen and Michael Waibel. 2017. The Political Economy of the Investment Treaty Regime (Oxford: Oxford University Press)," The Review of International Organizations, Springer, vol. 13(1), pages 133-136, March.
    10. Seungjun Kim, 2023. "Protecting home: how firms’ investment plans affect the formation of bilateral investment treaties," The Review of International Organizations, Springer, vol. 18(4), pages 667-692, October.
    11. Todd Allee & Manfred Elsig, 2016. "Why do some international institutions contain strong dispute settlement provisions? New evidence from preferential trade agreements," The Review of International Organizations, Springer, vol. 11(1), pages 89-120, March.
    12. Jay Dixon & Paul Alexander Haslam, 2016. "Does the Quality of Investment Protection Affect FDI Flows to Developing Countries? Evidence from Latin America," The World Economy, Wiley Blackwell, vol. 39(8), pages 1080-1108, August.
    13. Miljenić Orsat, 2018. "Energy Charter Treaty – Standards of Investment Protection," Croatian International Relations Review, Sciendo, vol. 24(83), pages 52-83, October.
    14. Elsig, Manfred & Ganeson, Kirthana & Jusoh, Sufian & Lugg, Andrew, 2024. "Why is there no investor-state dispute settlement in RCEP? Bargaining and Contestation in the Investment Regime," Papers 1436, World Trade Institute.
    15. Ka Zeng & Yue Lu & Ya‐wei Li, 2021. "Trade agreements and Global Value Chain (GVC) participation: Evidence from Chinese industries," Economics and Politics, Wiley Blackwell, vol. 33(3), pages 533-582, November.
    16. Gertz, Geoffrey & Jandhyala, Srividya & Poulsen, Lauge N. Skovgaard, 2018. "Legalization, diplomacy, and development: Do investment treaties de-politicize investment disputes?," World Development, Elsevier, vol. 107(C), pages 239-252.

    More about this item

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eps:cepswp:10295. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Margarita Minkova (email available below). General contact details of provider: https://edirc.repec.org/data/cepssbe.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.
    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy