Human rights compatibility of investor–State arbitration in international investment protection agreements

In the draft resolution, at the end of paragraph 3, insert the following words: "However, foreign investors in the European Union are already protected in three ways – by the European Court of Human Rights, European law and domestic law."

In the draft resolution, at the end of paragraph 4, insert the following words: "However, the European Court of Human Rights and European law also protect foreign investors in Europe and no cases have occurred where these, alongside domestic contract and public law, have allowed discriminatory practices against inward investors."

In the draft resolution, at the end of paragraph 5.1, insert the following words: ", but the primary investor in the vast majority of these cases has been the European Union in smaller third countries that do not have the triple-lock investor protection of European Court of Human Rights, European law and domestic contract and public law;"

In the draft resolution, at the end of paragraph 5.2, insert the following words: "the parties do not normally have the right of appeal; the tribunals can be inconsistent in their verdicts and may not respect the doctrine of precedent;"

In the draft resolution, at the end of paragraph 5.3, insert the following words: ". There are a number of competing arbitration systems that have not had the benefit of transparent iterative evolution similar to that of the delivery of justice in public law in mature democracies;"

In the draft resolution, at the end of paragraph 5.4, insert the following words: ". However, international trade between the European Union, Canada and the United States is well established under existing protections;"

In the draft resolution, paragraph 6.1, replace the words "It would" with the following words: "However, foreign investors in Europe are already protected in other ways – by the triple lock system of the European Court of Human Rights, European law and domestic law. The proposed ICS would".

In the draft resolution, at the end of paragraph 7, insert the following words: "However, the Assembly considers that, in developed countries such as the United States, Canada and member States of the European Union, ISDS clauses and a permanent, multilateral ICS are not necessary to protect foreign investors."

In the draft resolution, paragraph 8, at the end of the third sentence, insert the following words: ", which should be limited to a reasonable timeframe".

In the draft resolution, replace paragraph 9 with the following paragraph:

"The Assembly therefore calls on the European Union not to pursue, in their ongoing and future negotiations of international investment agreements with developed countries, including the Transatlantic Trade and Investment Partnership (TTIP), the establishment of an ICS to gradually replace traditional ISDS mechanisms. It regrets the inclusion of the ICS in the recently signed Comprehensive Economic and Trade Agreement (CETA) with Canada. CETA and TTIP must only be agreed if they are in line with human rights and the rule of law, and should, in particular:"

In the draft resolution, paragraph 9.1, replace the word "follow" with the following words: "ensure that legal proceedings around investment continue to follow".

In the draft resolution, paragraph 9.2, replace the words "such human rights as the" with the following words: "human rights, including social rights,".

In the draft resolution, replace paragraph 10.1 with the following paragraph:

"ensure, in the creation of an ICS, that the human rights and rule of law considerations set out above are fully taken into account and that the final judgments of the existing system of public and commercial law consistent with the European Court of Human Rights and European law are promptly and fully implemented at the national level;"

In the draft resolution, after paragraph 10.4, insert the following paragraph:

"make ICS mechanisms an optional protocol from which exit is possible for individual States with a one year notice period and a fixed term of protection for existing investments;"

In the draft resolution, replace paragraph 10.5 with the following paragraph:

"review whether any existing ISDS clauses in international investment agreements that they have entered into are eligible for change and, if so, assess their appropriateness and bring them into line with the best practices foreseen for the future ICS."