Tuesday, January 13, 2015

Overwhelming majority against arbitral tribunals – FAZ – Frankfurter Allgemeine Zeitung

Overwhelming majority against arbitral tribunals – FAZ – Frankfurter Allgemeine Zeitung

      

 
 
 
 
 
     
 
 
 
 
 
 
 
 
         

 
 
 
 
 
          On the other hand: demonstrators with fears of ravenous America .
     

 
                                           
 
 
     
     
     
         
         
                                                             

Never before has an EU free trade agreement so attracted much attention as the envisaged agreement with the United States. Especially on the proposed arbitration for investor protection (English short ISDS) are the ghosts. Some see it as a necessary protecting businesses from arbitrary state, the other a means of corporations to prevent them unpopular laws. The European Commission has not taken long the growing protest against ISDS non-governmental organizations, as well as the Social Democrats and Greens seriously, but suspended the talks about it in the spring of 2014 and interviewed a public. 149,399 responses it has received as many as never before during a consultation. Hardly any of them is down for ISDS.


                         
         
         
                                                             
                             

Hendrik Kafsack Author:.> Hendrik Kafsack, born in 1972, business correspondent in Brussels

the protection of investors still positive to set European Commission has acted in the face of this output this Tuesday during several months anticipated presentation of the results in Mitigation. As clear as it look, the result was not, it was said from the Authority. The critics of investor protection and the English short TTIP said Agreement with the United States had provided Internet platforms on which individuals with text modules could assemble their negative response to ISDS. In extreme cases, they would only have to insert their name and address. Overall, the Commission estimates organized by non-governmental organizations and broadly similar “mass answers” to 145.000. This corresponds to 97 percent. The rest came directly from non-governmental organizations themselves, individuals, unions, academics, law firms, companies and the national parliament.


                         
         
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At the national distribution shows a strong predominance of three member countries: About 35 percent of the responses came from Great Britain, 23 percent in Austria and 22 percent in Germany. Austrian and German apply particularly critical set as compared with TTIP and ISDS. At a considerable distance behind the three countries, France and Belgium follow (each about 6.5 percent of responses) and the Netherlands (3 percent) and Spain (2 percent). From the Central and Eastern European countries, hardly anyone has participated in the survey.


                         
         
         
                                                             

Regardless of the regional allocation and the strong prepo nderance of “mass Answers” still results in and of itself a clear vote against the proposed investor protection or free trade, the Commission concedes.


                         
         
         
                                                             

An end for investor protection in the free trade agreement with the United States, that means the competent Trade Commissioner Cecilia Malmström’s opinion but does not. Finally, there had been a consultation and a referendum, it said on Tuesday from the environment of the Swede. “We need an open discussion on the basis of the consultation,” she said himself in Strasbourg. TTIP remain a chance to sit with an improved investor protection new standards for other agreements. It does not solve the problem if the EU ausklammere investor protection at TTIP, but r emained preserved 1400, the existing bilateral investment treaties.


                         
         
         
                                                                                                                                                                      

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What specific suggestions Malmström to eliminate the shortcomings of ISDS, remained as open as the question as to when they want to do. You just said that the Commission wants to work on four main points. She wants to make it clear that TTIP does not limit the right of states to enact laws to protect the environment or consumers, when a company national courts and when it can call private arbitration and conflict of interest can be avoided in the vocation of usually three “referee” , In addition, the Commission intends to clarify how and whether a court of appeal can ensure a consistent interpretation of investor protection rules.


                         
         
         
                                                             

First, however, they will again discuss with the European Parliament, the EU Member States and stakeholders such as trade unions, consumer advocates and company representatives. In the next round of negotiations in February of investor protection will further play no role. Reaching the agreement on the basic principles of the Agreement with the United States by the end of the year is thus increasingly unlikely.


                                                                                                                 
 
  
 
 
 
                       

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Overwhelming majority against TTIP arbitration

Hendrik Kafsack, Brussels

The Europeans do not want an investor protection clause in the free trade agreement with the United States. Almost all are against it. Flips the agreement now before it is decided?

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