Transatlantic Trade and Investment Partnership

(TTIP)

What is it?

  • A trade and investment agreement being negotiated between the United States and the European Union 
  • Three main areas being negotiated
    • market access
    • specific regulation
    • broader rules and principles and modes of co-operation
  • Essentially creating the biggest free trade area ever by removing tariffs and by uniforming regulation

Background

  •   Post Cold War "Transatlantic Declaration".
    • Continued existence of NATO
    • Biannual meetings between ministers of State, and more frequent encounters between political figures and senior officials.
    • Yearly summits
  • The Transatlantic Business Dialogue
  • The Transatlantic Economic Partnership
  • Transatlantic Economic Council
  • Creation of a group of high-level experts whose conclusions, submitted on February 11, 2013, recommended the launching of negotiations for a wide-ranging free-trade agreement.

Background

  • Negotiations between the United States and the European Union started in July 2013.
  • If successful, the deal would cover more than 40% of global GDP and account for large shares of world trade and foreign direct investment.
  • Brussels and Washington set an ambitious goal of completing negotiations by the end of 2015.
  • Citizens and non-governmental organizations all over Europe are petitioning against TTIP

Procedure

  • Agreement texts are being developed by 24 joint EU-US working groups, each considering a separate aspect of the agreement.
  • Position papers
    • Broad introductions for each side's aims and ambitions for each aspect.  
  •  Textual proposals
    •  More detailed proposals containing an "initial offer." These draft documents can change through the various stages of their development.
  •  Consolidated text
    • ​Working consensus, the result of the negotiations

Market Access

  •  Removing "custom duties on goods and restrictions on services, gaining better access to public markets, and making it easier to invest"
    • liberalization of investment
    • general principles for investment, including strict requirements for expropriation
    • free movement of business managers, and other employees of a corporation, for temporary work purposes
    • liberalization of telecommunication, networks and postal services
    • limits the laws that governments can pass to regulate or publicly run insurance and banking
    • Investor-state dispute settlement
      • ​ allowing corporations to bring actions against governments

Specific Regulation

Broad rules and principles and modes of co-operation

Opposition

  • A self-organised European Citizens' Initiative against TTIP and CETA
    • over 3.2 million signatures within a year
  • Hundrends of demonstrations organized by non-governmental organizations
  • A petition organised by political activism group 38 Degrees, urging Obama to stop negotiating TTIP, signed by over 130,000 people in the UK
  • National objections

 

Concerns

Text

Food and environmental safety

Banking regulations

Privacy

Jobs

Democracy

 

 

 

 

 

ISDS

  • Often included within investment treaties between two states, offers public and private sectors recourse to arbitration with the states which have signed the treaty if they allegedly breach it.

  • Supporters believe such clauses guarantee the terms of treaties, since they offer an independent resolution mechanism for parties who did not sign the treaty.

    • The European Commission even said that ISDS would help to standardize the level of protection for businesses across EU’s member states.

  • Critics state that arbitration conducted in private often results in a settlement between the parties, rather than leading to formal tribunal decisions.

    • arbitrators have a vested interest in pleasing investors, and that investor-state arbitration has a built-in pro-investor bias.

ISDS

 

  • Since arbitrators are effectively “judges for hire” and depend on their appointments for their fees “in a system where only the investors can bring claims, this creates a strong incentive to side with them – as investor-friendly rulings pave the way for more claims, appointments and income in the future,” according to Corporate Europe Observatory (CEO), a campaign group.

  • In December 2013, a coalition of over 200 environmentalists, labor unions and consumer advocacy organizations on both sides of the Atlantic sent a letter to the USTR and European Commission demanding the investor-state dispute settlement be dropped from the trade talks, claiming that ISDS was "a one-way street by which corporations can challenge government policies, but neither governments nor individuals are granted any comparable rights to hold corporations accountable".

Transatlantic Trade and Investment Partnership

By Sampo Järvinen

Transatlantic Trade and Investment Partnership

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