TTIP and Dispute Settlement: Potential Consequences for the Autonomous EU Legal Order. Research Paper in Law 01/2016

Govaere, Inge (2016) TTIP and Dispute Settlement: Potential Consequences for the Autonomous EU Legal Order. Research Paper in Law 01/2016. UNSPECIFIED.

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Abstract

From the Introduction. As is apparent from the title “TTIP and dispute settlement: potential consequences for the autonomous EU legal order”, this paper takes a very targeted focus. The first part of the title was assigned by the organisers of the XXVIIth FIDE congress: “TTIP and dispute settlement”. Albeit very interesting and actual, it quickly became clear that such a topic raises a double conceptual problem. How could one possibly deal with such a broad topic in a talk of merely 20 minutes? And especially how to bring novel insights in such a short time span? As Marise Cremona has already mentioned,3 TTIP is probably the most widely debated and commented development in EU affairs of the last years. It therefore seemed indispensable to drastically narrow down the topic. The focus of this paper will thus firmly lie on the overall topic of the closing session: ‘its consequences for the EU’. This implies that the potential impact of TTIP dispute settlement on the USA or the importance thereof for investors or for attracting foreign investment is not as such discussed. The topic is further narrowed down to consider specifically the potential consequences of TTIP dispute settlement provisions for the autonomous EU legal order. The underlying idea is that, as the EU is short of being a state, international dispute settlement may raise crucial legal questions which are specific to the EU legal order and which need to be acknowledged as such.

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