CIAO DATE: 01/2013
January 2013
Columbia Center on Sustainable Investment
In July 2012, in an internal document, the European Commission’s Directorate-General for Trade suggested that future EU investment agreements (EUIAs) should incorporate regulatory flexibility in the same way in which EU free trade agreements (FTAs) safeguard parties’ policy space. Since it is expected that a number of treaties on the EU’s negotiating agenda will be concluded in the near future, and given the policy shift that has already taken place in Canada and the US,[1] it is time to start thinking about a new balance in a move away from investment treaties’ traditional laissez-faireliberalism toward WTO law’s embedded liberalism,[2] a model whereby liberalization is embedded within a wider framework that enables public regulation in the interest of domestic stability.
Resource link: EU investment agreements and the search for a new balance: A paradigm shift from laissez-faireliberalism toward embedded liberalism? [PDF] - 88K