European Economic and Social Committee Hearing in the framework of the EESC opinion on Investment Protection and ISDS in EU Trade and Investment Agreements.

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Presentation transcript:

European Economic and Social Committee Hearing in the framework of the EESC opinion on Investment Protection and ISDS in EU Trade and Investment Agreements Brussels, 3 February 2015 James X. Zhan Director, Investment and Enterprise Team Leader of the UN World Investment Report United Nations Conference on Trade and Development (UNCTAD) World Investment Report 2009

FDI inward and outward stock of the EU has grown rapidly over the past two decades FDI stock of the EU (excluding intra-EU), 1995-2013 (Billions of US dollars) Source: UNCTAD

There is strong investment relationship between the EU and the United States United States FDI stock in the EU and the EU FDI stock in the US, 1995-2013 (Billions of dollars) Source: UNCTAD

The past years brought an increasing dichotomy in investment treaty making: disengaging and “up-scaling” In 2013, 44 new IIAs were signed, bringing the total number of IIAs to 3,236 Trends in IIAs signed, 1983-2013 Source: UNCTAD, IIA database.

Trends in known ISDS cases, 1987–2013 In 2013, 56 new ISDS cases were filed – the second largest number of known cases in a single year This brought the total number of known ISDS cases to 568 Trends in known ISDS cases, 1987–2013 Source: UNCTAD, ISDS database.

Cases brought against the US and EU Member States The US and EU Member States play a role as respondent States and home States of claimant investors EU MS were respondents in 117 cases and the US in 16 cases. Claimants from EU MS have initiated 300 cases and claimants from the US have filed 127 disputes. Taken together, they account for three quarters of the known cases. Cases brought against the US and EU Member States Claimants' home States Source: UNCTAD, ISDS database.

UNCTAD has defined five options for reforming the ISDS system ISDS is a system of application of the law; improvements to the ISDS system should go hand in hand with progressive development of substantive int’l investment law Source: UNCTAD, WIR 2014.

The Investment Policy Hub: THANK YOU! The Investment Policy Hub: http://investmentpolicyhub.org UNCTAD websites: www.unctad.org/diae www.unctad.org/wir www.unctad.org/fdistatistics www.unctad-worldinvestmentforum.org @unctadwif