Saturday, May 2, 2015

Controversy over free trade agreements: A Commercial Court to save TTIP – Tagesspiegel

18:03 clock by Dagmar Dehmer

Instead of intransparent arbitration sets Sigmar Gabriel on the rule of law. The Vice-Chancellor will replace the controversial arbitration by a permanent, which meets Commercial Court. This is the European sense of justice closer. A comment.

1.93 million euros are the Ministry of Economy 2015 for a single procedure before the International Centre for Settlement of Investment disputes at the World Bank. The Swedish energy company Vattenfall Berlin 2012 sued for the nuclear phase-out in Washington. By the end of 2014, the procedure, the German taxpayer has cost 3.3 million euros, in the next two years to come to more 2.1 million. And those are just the legal costs. Vattenfall requires more than four billion euros in damages.

There are methods such as this that have fueled mistrust arbitration. 1.7 million people have expressing their support for the European citizens’ initiative against the Free Trade Agreement between the EU and TTIP the US. The saving is mainly non-transparent arbitration proceedings, which are private, whose documents are secret, which are performed not by judges but by well-paid lawyers.

The now wants to oppose an international trade court Economy Minister Sigmar Gabriel (SPD) , He has a 30-page proposal to the Erlanger international law Markus Krajewski has worked out, passed on to EU Trade Commissioner Cecilia Malmström. The idea of ​​the EU and the United States set judges negotiate conflicts that could arise from the FTA. The negotiations should be public, the documents also, and there should be a court of appeal.

The skeptic is Gabriel not convince it. But he may be able to prevent the number of skeptics is growing. Against a Commercial Court is first of all not to say anything. Those who invest abroad, need the legal certainty that he will not be expropriated or made significantly worse compared to domestic investors. A commercial court is the European sense of justice closer. The fact that the United States will find a publicly controllable Court better than a committee which meets in secret arbitration, is unlikely. Since Gabriel has can still come up with some.

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