Investor-State Dispute Resolution as an Issue in Transatlantic Trade Negotiations: Lessons from NAFTA. Jean Monnet/Robert Schuman Paper Series Vol. 15 No. 3, August 2015

A major issue in the ongoing Transatlantic Trade and Investment Partnership (TTIP) negotiations is investor-state dispute resolution as it relates to foreign investments. The United States would like to have strong investor protections similar to those of the North American Free Trade Agreement (NAFTA) included in the TTIP agreement. Civil society groups on both sides of the Atlantic object to binding arbitration of investment disputes, fearing that arbitration awards could endanger environmental and other types of regulations. This paper examines the experience with investor-state dispute resolution under NAFTA to determine whether judgments rendered in these cases have had adverse effects.

Economic Incentives for Indirect TTIP Spillovers. CEPS Special Report No. 94/October 2014 [TTIP Series No. 2]

A deep, comprehensive and ambitious TTIP should not undermine or otherwise negatively affect the WTO and its signatories. Among other things, this means that trade diversion ought to be minimised and positive spillovers stimulated. The present CEPS Special Report provides some elementary quantification, which helps to understand the economic incentives for third countries to seek regulatory alignment with TTIP results, where relevant, and for which TTIP should be ‘open’. It focuses on ‘indirect’ spillovers and employs a rather aggregate economic approach. We find that, of three groups of countries that are important for trade with the EU and the US, the ‘closest’ neighbours (NAFTA, EEA, Switzerland and Turkey) exhibit powerful incentives to align so as to benefit from positive spillovers. This is less clear for two other groups. Of the (seven) ‘biggest traders’ (in manufactured goods, for which spillovers matter most), China turns out to have the greatest interest in alignment in selected sectors, followed by Israel, Japan and South Korea. Whereas the latter three either have or are negotiating FTAs with the US and the EU, precisely China has none and remains outside TPP as well. In terms of sectors, the chemical sector followed by electronic equipment are by far the most important, with agro-products and fish as a good third (SPS issues). However, in chemicals and electrical equipment, the TTIP negotiations so far, and recent US/EU regulatory cooperation, do not indicate an ambitious approach, which could reduce regulatory barriers to market access drastically.

Transnational Globalization & Regional Governance. CES Germany & Europe Working Papers, No. 06.2, July 1996

Since the end of the 1980s, international relations has experienced a resurgence of regionalism in Europe (Single Market, Maastricht) and the Americas (NAFTA, MERCOSUR). Why did regional economic cooperation gain mo­ mentum? Theoretical approaches have proved the relevance of institutions, intergovernmental bargains, and na­ tional interest formation for the emergence of cooperation, but fall short in explaining why new cooperative moves happened in the late 1980s and early 1990s and not earlier. This paper argues that the simultaneous con­vergence of interests favoring regional organization of states was stimulated by transnational globalization. Since the early 1980s, states had to adapt to the pressures from transnational globalization, from actors and systems which are not shaped by national territories and interests, and which undermined traditional national economic policy and domestic coalitions. Under the new circumstances, joint regional governance on specific policy areas became an attractive option to respond to new constraints. With the conceptualization of transnational globalization as an explanatory factor for regional cooperation this paper does not dismiss other approaches, but rather attempts to complement the research agenda by shedding light on a crucial-but often neglected-aspect of international relations.