Position paper on the Commission proposal for an investment court system in TTIP

This position paper illustrates Greenpeace’s position on the Commission proposal for an Investment Court System (ICS). The Commission presented the proposal at the end of 2015, after its initial approach to Investor-to-State Dispute Settlement (ISDS) mechanisms received vehement criticisms by the public, NGOs, SMEs, media
and political parties in the European Parliament.

The public debate on ISDS and the results of a public consultation on the inclusion of the mechanism in the Transatlantic Trade and Investment Partnership (TTIP) forced the EU Commission to suspend for two years (from January 2014 to February 2016) the negotiations on the TTIP investment chapter and to rethink its approach to investment protection.

Whilst containing some improvements, the new proposal substantially fails to address and mitigate our concerns on the detrimental impact of ISDS mechanisms on the protection of public interests, such as health and the environment, and on the fair and non-discriminatory access to justice.

Position Paper: From ISDS to ICS: a leopard can’t change its spots