Abstrakt
This contribution focuses on a highly controversial issue of recent times - the inclusion of investment protection provisions, including investor-state arbitration (ISDS), in the Transatlantic Trade and Investment Partnership (TTIP), currently being negotiated between the European Union and the United States. The whole agreement and, in particular, an investment chapter have become an object of the heated public debate on the side of EU, and the negotiator, the European Commission, has to deal with increasing pressure from the public, EU institutions and the Member States.
Under these circumstances, the European Commission is preparing substantial reform proposals in the area of investment protection, e.g. introduction of an appellate mechanism, to placate critics and save the investment chapter, including ISDS in the TTIP. This paper briefly examines the current state of the public debate about investment protection in the EU and puts theTTIP in a broader context of the reform of the international investment treaty regime.