On 24 October, Euractiv Germany reported that according to a leaked internal document, the EC is trying to exclude the highly disputed investment protection procedure, the so-called ISDS, from the currently-negotiated TTIP agreement with the USA. These special arbitration panels are seen as the best protection for investors, but from a national perspective are viewed as a possibility of private investors to stop states from legislating in public interest. Mainly Germany therefore strongly opposes such clauses not only in TTIP, but in several other agreements currently under negotiation. Also the MEPs made themselves hear that TTIP with ISDS will not pass EP ratification. The ISDS clauses are also the strongest argument of the anti-TTIP campaigners EU-wide. Deleting it from TTIP would therefore make things much easier for the EU, while still offering investors a good protection in the form of national and EU judiciaries.
US representatives, however, expressed themselves that a TTIP without ISDS is unlikely to pass in America. The USA also see TTIP as the crucial trade deal, in some way setting global standards for all future trade deals. Having in mind mostly a possible trade deal with China, the US do not like the idea of a comprehensive trade deal without impartial investment protection mechanism.
2nd May 2018